64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW
South Staffordshire District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 9 October 2023
- Authority
- South Staffordshire District Council
- Inspector
- Hughes L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mrs Claudia Allerton
- LPA reference
- 22/00948/COU
- ONS LPA code
- E07000196
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 10 July 2023
Summary AI
The appeal for a change of use of council-owned land to a domestic garden was dismissed due to concerns about the proposal's impact on the character and appearance of the surrounding area.
PDF text
64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW — South Staffordshire District Council — Appeal Decision Site visit made on 11 September 2023 by L Hughes BA (Hons) MTP MRTPI an Inspector appointed by the Secretary of State Decision date: 09 October 2023 Appeal Ref: APP/C3430/W/23/3316572 64 Croydon Drive, Penkridge, Staffordshire ST19 5DW • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mrs Claudia Allerton against the decision of South Staffordshire District Council. • The application Ref 22/00948/COU, dated 7 October 2022, was refused by notice dated 20 December 2022. • The development proposed is to change the of use of council owned land from open land to domestic garden on purchase of the land. To grow a hedge for the boundary of the land, with a sheep net fence with 2 strands of wire hidden within the hedge for security to such as keeping dogs off the garden. Decision 1. The appeal is dismissed. Procedural Matters 2. The extent of the proposed change of use of land was originally approximately 170m2. Amended plans were submitted reducing this to approximately 120m2 to correspond correctly with the application site red boundary. I have determined the appeal on the amended plans. Main Issue 3.
64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW — South Staffordshire District Council — Appeal Decision The main issue is the effect of the proposal on the character and appearance of the surrounding area. Reasons 4. The appeal site is a small parcel of land that lies adjacent to 64 Croydon Drive. The site is part of a far larger area of public open space, which forms a green corridor through Penkridge and which in the immediate vicinity includes a watercourse, seating and public footpaths. From my site visit I noted that the wider open space is attractive, functional and well used. 5. The appeal site is currently overgrown and is not used as recreational space. However, the supporting text of Policy HWB2 of the South Staffordshire Core Strategy 2012 makes it clear that green spaces can perform many different roles, including having an aesthetic value. The appeal site is well vegetated, and its foliage and greenery contributes aesthetically to the open, natural green character of the area. 6. The site is in a fairly prominent corner position, and is visible from Croydon Drive and to users of the footpaths that pass through the open space. Although only a small section of the larger open space, the appeal site’s prominent https://www.gov.uk/planning-inspectorate
64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW — South Staffordshire District Council — Appeal Decision Appeal Decision APP/C3430/W/23/3316572 location and its proximity to footpaths ensures that it makes a positive contribution to the open space as a whole. 7. The proposal would see a new hedge being planted which would provide wildlife habitat and retain an element of greenery. My attention has been drawn to a hedge that has been planted at the nearby residential home, and the fact that the proposed hedge would be in keeping with the surrounding area and could enhance the green corridor. However, the hedge at the residential home is slightly at variance with the less formal open space that characterises the surrounding area. I consider that planting a hedge at the appeal site would unacceptably enclose the green space, which would be at odds with the open and natural character of the surrounding landscape. 8. The appellant has further drawn my attention to another property which enclosed open space in the vicinity. However, I am not aware of the exact circumstances or the policy background that led to this change of use being permitted nor the fence being erected, nor of the details of the surrounding landscape characteristics of the property.
64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW — South Staffordshire District Council — Appeal Decision I have determined this appeal on its individual planning merits and under the current policy context, and the example of other developments in the locality does not lead me to find that this proposal would be acceptable. 9. On the issue of character and appearance, I therefore conclude that the proposed change of use would be contrary to Policy HWB2 of the South Staffordshire Core Strategy 2012 which states that the Council will support the protection, maintenance and enhancement of a network of open space, natural and semi natural greenspace; Policy EQ4 which states that new development should take account of the characteristics and sensitivity of the landscape and its surroundings; Policy EQ11 which highlights that development proposals should respect local character including that of the surrounding landscape; and the National Planning Policy Framework which states that development must be sympathetic to local character including the landscape setting. Other Matters 10.
64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW — South Staffordshire District Council — Appeal Decision Whilst I sympathise with the appellant that the open space is not currently well maintained which can lead to problems with litter and overhanging branches, this is something that can be addressed outside of the planning system, and it is not a sufficient reason to outweigh my decision on the main issue. Conclusion 11. I find that the proposal would conflict with the development plan taken as a whole and there are no reasons to indicate a decision other than in accordance with the development plan. 12. For the reasons given above I conclude that the appeal should be dismissed.
64 Croydon Drive, Penkridge, STAFFORD, ST19 5DW — South Staffordshire District Council — L Hughes INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶7
The proposed hedge would enclose the green space, which would be at odds with the open and natural character of the surrounding landscape.
Character and appearance Against appellant ¶8
The proposed hedge would unacceptably enclose the green space, contradicting the open and natural character of the surrounding landscape.
Other Neutral
The inspector noted that the open space is not currently well maintained, but this is not a sufficient reason to outweigh the decision on the main issue.
Policies relied on
| Reference | Weight |
|---|---|
| HWB2 (South Staffordshire Core Strategy 2012) |
Determinative |
| EQ4 (South Staffordshire Core Strategy 2012) |
Substantial |
| EQ11 (South Staffordshire Core Strategy 2012) |
Moderate |
| National Planning Policy Framework |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 9 October 2023 under the Open Government Licence.