Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire, HR2 0SS
Herefordshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 15 September 2023
- Authority
- Herefordshire Council
- Inspector
- Praine N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr Gareth Boaz
- LPA reference
- 224028
- ONS LPA code
- E06000019
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 8 June 2023
Summary AI
The appeal for a general-purpose agricultural building was dismissed due to insufficient evidence showing the building's necessity for agricultural purposes. The inspector considered the proposal's impact on the character and appearance of the area, but the main issue was the lack of evidence supporting the proposal's necessity.
PDF text
Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire, HR2 0SS — Herefordshire Council — Appeal Decision Site visit made on 25 August 2023 by N Praine BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 15 September 2023 Appeal Ref: APP/W1850/W/22/3313590 Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire HR2 0SS • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO). • The appeal is made by Mr Boaz against the decision of Herefordshire Council. • The application Ref 224028, dated 28 November 2022, was refused by notice dated 14 December 2022. • The development proposed is described as a general-purpose agricultural building. Decision 1. The appeal is dismissed. Preliminary Matters 2. Schedule 2, Part 6, Class A of the Town and Country Planning General Permitted Development (England) Order 2015 (as amended) (“The GPDO”) permits the carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more in area of works for the erection, extension or alteration of a building which are reasonably necessary for the purposes of agriculture within that unit. 3.
Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire, HR2 0SS — Herefordshire Council — Appeal Decision Paragraph A.2(2)(i) of the GPDO states that for development permitted by Class A the developer must, before beginning the development, apply to the local planning authority for determination as to whether its prior approval will be required as to the siting, design and external appearance of the building. 4. Therefore, the question of whether the proposal is permitted development needs to be dealt with first before the question of the prior approval matters is addressed. Main Issues 5. The main issues are whether the proposal would be permitted development, having particular regard to whether the building would be reasonably necessary for the purposes of agriculture. If so, the second main issue is the effect of the siting of the proposal on the character and appearance of the area. Reasons 6. The appeal site is sited approximately 2 miles from an existing farmstead. The roads are reasonably accessible by larger vehicles and the appellant currently commutes between the two sites. https://www.gov.uk/planning-inspectorate
Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire, HR2 0SS — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/22/3313590 7. From the evidence before me, it is reasonable to store agricultural equipment and forage, such as hay and fodder, in secure, clean and dry conditions. I also accept there may be circumstances where it’s not acceptable to transport an animal on welfare grounds. These factors all weigh in favour of the proposed development. 8. However, setting aside any animal welfare grounds, it has not been clearly shown why fodder and equipment could not be reasonably transported onto and off site from the existing farmstead given the relative short distances between the two. 9. While I note the late submission of evidence regarding the appellant’s existing tenancy arrangements, this information is very limited and does not robustly set out the particulars of the existing tenancy, notice periods, or the terms of its termination in sufficient detail to allow me to come to any reasonable findings. 10. My attention is also drawn to an application under reference P/201760. However, I have not been provided with any details or analysis of this application in relation to the appeal proposal. This therefore has no bearing on the outcome of this appeal. 11.
Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire, HR2 0SS — Herefordshire Council — Appeal Decision It has been suggested that negative impacts on soils could arise during continuous wet weather. However, such impacts have not been clearly demonstrated to show the building is reasonably necessary. 12. I also acknowledge the National Planning Policy Framework supports sustainable growth and expansion of businesses in rural areas while limiting the need to travel. However, it has not been robustly shown that a building of this size, is reasonably necessary for the purposes of agriculture. 13. Given my findings, it is not necessary for me to consider whether to grant prior approval for the siting, design, and external appearance of the proposal as it would not change the outcome of this appeal. 14. For the reasons set out above, and having regard to all the matters raised, I conclude that the appeal should not succeed.
Land off Wellbrook Lane, Peterchurch, Hereford, Herefordshire, HR2 0SS — Herefordshire Council — N Praine INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Housing land supply Against appellant ¶7
The inspector accepted that storing equipment and forage in secure conditions was reasonable, but questioned why the existing farmstead could not be used for these purposes.
Living conditions Against appellant ¶8
The inspector noted that the late submission of evidence regarding the appellant's tenancy arrangements did not provide sufficient detail to allow for a reasonable finding.
Flood risk Neutral ¶11
The inspector acknowledged the potential for negative impacts on soils during continuous wet weather, but noted that this had not been clearly demonstrated to show the building's necessity.
Heritage impact Neutral ¶12
The inspector acknowledged the National Planning Policy Framework's support for sustainable growth and expansion of businesses in rural areas, but noted that the proposal's necessity had not been robustly demonstrated.
Other Against appellant ¶14
The inspector concluded that the appeal should not succeed due to the lack of evidence supporting the proposal's necessity, and the fact that the prior approval matters were not necessary to consider.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 15 September 2023 under the Open Government Licence.