Case 3319648

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN

Newark & Sherwood District Council — appeal dismissed

Outcome
Dismissed
Decision date
11 October 2023
Authority
Newark & Sherwood District Council
Inspector
Allen K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mrs Debbie Holland
LPA reference
22/01252/FUL
ONS LPA code
E07000175
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 July 2023

Summary AI

The appeal to build a new dwelling on the site was dismissed due to concerns over the site's ecological value and the potential impact on protected species. The inspector found that the proposal would conflict with the development plan and that there were no material considerations to outweigh this conflict.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — Appeal Decision Site visit made on 3 October 2023 by K Allen MEng (Hons) MArch PGCert ARB an Inspector appointed by the Secretary of State Decision date: 11 October 2023 Appeal Ref: APP/B3030/W/23/3319648 Lowfield Farm, 111 Gainsborough Road, Langford, Nottinghamshire, NG23 7RN • 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 Holland against the decision of Newark & Sherwood District Council. • The application Ref 22/01252/FUL, dated 24 June 2022, was refused by notice dated 13 October 2022. • The development proposed is the demolition of the existing dilapidated dwelling and garage and erection of replacement dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. A preliminary ecological appraisal has been submitted to support this appeal and which seeks to address the Council’s concerns regarding ecology and protected species. The Council has been given the opportunity to comment on the additional information.

Page 1 · Chunk 1 Appeal Decision

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — Appeal Decision Although the appeals process should not be used to evolve a scheme, I am satisfied that in this case, given my overall decision, accepting the additional document would not prejudice other interested parties. Therefore, I have considered the appraisal. Main Issues 3. The main issues are the effect of the proposal on • ecology, including protected species; and • the character and appearance of the area. Reasons Ecology, including protected species 4. The appeal site comprises a detached dwelling within a large verdant plot surrounded by open countryside. There are numerous mature shrubs, hedges, and trees. To facilitate the proposal, the existing dwellings and seven trees, including three large poplars would be removed. 5. The preliminary ecological appraisal documents the ecological value of the site and notes that it is capable of supporting protected species locally, including terrestrial mammals, nesting birds, and bats. It is of particular interest that the roof void of the dwelling was observed to have a high potential to support roosting bats and that the three mature poplar trees have a moderate https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — Appeal Decision Appeal Decision APP/B3030/W/23/3319648 potential. The appraisal highlights the need for additional bat surveys, during the active season, in order to ascertain the status of the site for bats and whether any additional mitigation measures or a European Protected Species licence would be required for the works. 6. The appellant contends that the required surveys could be secured via condition. However, without the information provided by the additional surveys, I am unable to determine the full effect of the appeal proposal on ecology, including protected species. 7. As such, I must take a precautionary approach and find that the proposal would conflict with Core Policy 12 of the Plan Review, Review of the Newark & Sherwood Local Development Framework Core Strategy & Allocations, Amended Core Strategy (March 2019) (ACS) and Policies DM5 and DM7 of the Newark & Sherwood Local Development Framework Allocations & Development Management Development Plan Document (July 2013) (DPD). Collectively, these policies require development to conserve and enhance biodiversity, protect species of principle importance and wherever possible integrate and connect green infrastructure. 8.

Page 2 · Chunk 3 Appeal Decision

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — Appeal Decision The proposal would also conflict with the National Planning Policy Framework (Framework) where it seeks to ensure development minimises impacts on biodiversity. Character and appearance 9. The area is rural, characterised by large arable fields with boundary hedges broken up by isolated farms and areas of woodland. The appeal site comprises an unremarkable, dilapidated detached 4 bed brick house with timber lean to garage. The dwelling is set back significantly from the road in a large verdant plot. Several substantial agricultural style buildings immediately abut the site to the northwest and share the same access. Both the house and neighbouring buildings are clearly separated from the surrounding countryside by mature trees and hedges. 10. The proposal would replace a 4-bed house with a 3-bed house. Although the proposed dwelling would be marginally taller with a larger footprint and a detached garage, it would be of a similar size and remain submissive to the adjacent agricultural style buildings. Whilst I note the different percentage floor area increases reported by the parties, the scale of the proposal would be comparable with the existing dwelling and the overall massing of the site would be broadly maintained.

Page 2 · Chunk 4 Appeal Decision

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — Appeal Decision 11. The proposal would reflect local agricultural built vernacular and be in keeping with other isolated dwellings within the area. In addition, the wider group of buildings would appear as an isolated farm within the wider landscape, in keeping with the Winthorpe Village Farmlands Landscape Character Area. Although offset from the footprint of the existing dwellings, the proposal would be sited a considerable distance from the road. While some trees would be removed, a suitably worded condition would secure future landscaping provisions to reinforce the characteristic trees and hedges. Despite the marginal increase in size, the proposal would not have a greater visual impact on the countryside when compared to the existing dwelling or detrimentally affect the visual amenity of the area. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — Appeal Decision Appeal Decision APP/B3030/W/23/3319648 12. My attention has been drawn to a previous appeal decision1 on the same site where the inspector considered that the proposal would be substantially larger and therefore unacceptable. However, I have not been provided with the details of the case and therefore I am unable to draw any direct comparisons with the scheme before me. Moreover, each case must be dealt with on its own merits. 13. Therefore, I conclude that the proposal would not harm the character and appearance of the area. It would accord with Core Policy 9 and Core Policy 13 of the ACS and Policies DM5 and DM8 of the DPD where they seek to ensure that development minimises visual impact on the countryside and reflects the local distinctiveness of the landscape and built forms whilst requiring replacement dwellings to be of a similar size, scale and siting to that being replaced. Conclusion 14. Overall, for the reasons given above, I conclude that the proposal would conflict with the development plan as a whole and there are no material considerations, including the Framework that outweigh that conflict. Therefore, the appeal is dismissed.

Page 3 · Chunk 6 K Allen

Lowfield Farm , 111 Gainsborough Road, Langford, Nottinghamshire , NG23 7RN — Newark & Sherwood District Council — K Allen INSPECTOR 1 Appeal Reference: APP/B3030/A/10/2128647 https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Ecology and biodiversity
Against appellant
¶4

The proposal would remove seven trees, including three large poplars, and potentially harm protected species such as bats. The preliminary ecological appraisal highlighted the need for additional bat surveys to determine the site's ecological value.

Ecology and biodiversity
Against appellant
¶5

The proposal would conflict with Core Policy 12 of the Plan Review, Review of the Newark & Sherwood Local Development Framework Core Strategy & Allocations, Amended Core Strategy (March 2019) (ACS) and Policies DM5 and DM7 of the Newark & Sherwood Local Development Framework Allocations & Development Management Development Plan Document (July 2013) (DPD) due to the lack of sufficient information on the site's ecological value.

Character and appearance
For appellant
¶10

The proposed dwelling would be of a similar size and remain submissive to the adjacent agricultural style buildings. The wider group of buildings would appear as an isolated farm within the wider landscape, in keeping with the Winthorpe Village Farmlands Landscape Character Area.

Policies relied on

Reference Weight
Core Policy 12 of the Plan Review, Review of the Newark & Sherwood Local Development Framework Core Strategy & Allocatio
Determinative
Policies DM5 and DM7 of the Newark & Sherwood Local Development Framework Allocations & Development Management Developme
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 11 October 2023 under the Open Government Licence.