Case 3317147

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB

Pendle Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
16 January 2024
Authority
Pendle Borough Council
Inspector
Senior H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor general industry/storage/warehousing
Appellant
MR PHIL ROBINSON
LPA reference
22/0808/FUL
ONS LPA code
E07000122
Jurisdiction
Transferred
Link status
Not Linked
Start date
19 June 2023

Summary AI

The appeal for an agricultural building in a conservation area was dismissed due to the potential harm to the area's character and appearance. The inspector weighed the harm against the public benefits of the proposal, but found that the benefits were insufficient to outweigh the harm.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — Appeal Decision Site visit made on 8 August 2023 by H Senior BA (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 16th January 2024 Appeal Ref: APP/E2340/W/23/3317147 Field located to the north side of Esp Lane, Barnoldswick, Lancashire • 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 Mr P Robinson against the decision of Pendle Borough Council. • The application Ref 22/0808/FUL, dated 29 November 2022, was refused by notice dated 12 January 2023. • The development proposed is an agricultural building. Decision 1. The appeal is dismissed. Preliminary Matter 2. A revised National Planning Policy Framework (the Framework) was published by the Government on 19 December 2023 (and revised on 20 December 2023). In this instance, the relevant changes only relate to paragraph numbering and do not fundamentally affect the substance of the matters under appeal. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the area with particular regard to the Calf Hall and Gillians Conservation Area. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — Appeal Decision The appeal site is located within the Calf Hall and Gillians Conservation Area (the CA). Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires that special attention be paid to the desirability of preserving or enhancing the character or appearance of a conservation area. The Calf Hall and Gillians Conservation Area Character Appraisal (2005) describes that the significance of the CA is derived from it being largely free of buildings with an open and rural undulating landscape with medium and long-distance views and narrow hedged lanes. 5. The site lies on the brow of a hill, close to Eps Lane and a junction with an access track. It is an open undulating field and there are no other buildings along the part of the Esp Lane near the appeal site. The open character of the area makes a positive contribution to the significance of the CA. 6. I accept that there are viewpoints where there would be limited views of the building and that it would not be a skyline location. However, due to the topography and position on the brow of a hill the proposed building would occupy a prominent position in the landscape.

Page 1 · Chunk 2 Appeal Decision

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — Appeal Decision There are no nearby buildings and, due to the height of the proposed building, it would be seen above the https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — Appeal Decision There are no nearby buildings and, due to the height of the proposed building, it would be seen above the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — Appeal Decision Appeal Decision APP/E2340/W/23/3317147 hedgerow on Esp Lane, which when considered alongside the length of the building would appear as a prominent intrusion in the landscape. As the CA in this location is devoid of isolated buildings, the introduction of the proposed building would be an uncharacteristic feature in the area, which would harm the significance of the CA. 7. The materials and proposed landscaping with native trees are appropriate and could be conditioned as part of any approval. However, this does not overcome the harm that I have identified above. The proposed agricultural building would not therefore preserve or enhance the character or appearance of the CA. Consequently, the development would not meet the statutory tests set out in the Act and conflicts with policy ENV1 of the Local Plan for Pendle Core Strategy 2011-2030 (2015) and the aims of the Framework. Amongst other things, these seek to ensure that development preserves or enhances the character or appearance of conservation areas and respects the character of the area. Planning Balance 8. I find that the harm caused to the CA’s significance as a designated heritage asset would be less than substantial.

Page 2 · Chunk 5 Appeal Decision

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — Appeal Decision The approach in paragraph 208 of the Framework is that where a proposal leads to less than substantial harm to the significance of a designated heritage asset, that the harm should be weighed against the public benefits of the proposal. 9. The appellant states that the public benefits relate to agriculture and food production, which is supported in the Framework. There would also be economic benefits relating to the construction of the building and benefits arising from the improved biodiversity of the area. I agree these are public benefits. However, they would be limited due to the size and scale of the proposal and therefore attract moderate weight in favour of the proposal. 10. Paragraph 205 of the Framework requires me to attach great weight to the asset’s conservation. As such, the public benefits identified are not sufficient to outweigh the harm I have identified. Conclusion 11. The proposed development fails to meet the expectations of the Act and the Framework in respect of the historic environment, and conflicts with the policies of the development plan as a whole and there are no other considerations that outweigh this conflict. I therefore conclude that the appeal is dismissed.

Page 2 · Chunk 6 H Senior

Field to north side of Esp Lane, Barnoldswick, Lancashire, BB18 5SB — Pendle Borough Council — H Senior INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
Against appellant
¶4-6

The inspector found that the proposed building would harm the significance of the Calf Hall and Gillians Conservation Area due to its prominent position in the landscape and the introduction of an isolated building in an area devoid of such features.

Heritage impact
Neutral
¶7

The inspector noted that the materials and proposed landscaping could be conditioned as part of any approval, but this did not overcome the harm identified.

Heritage impact
Against appellant
¶11

The inspector found that the proposed development failed to meet the expectations of the Act and the Framework in respect of the historic environment.

Policies relied on

Reference Weight
NPPF 208
Unclear
ENV1 of the Local Plan for Pendle Core Strategy 2011-2030 (2015)
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 16 January 2024 under the Open Government Licence.