Case 3321728

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF

Hinckley and Bosworth Borough Council — appeal allowed

Outcome
Allowed
Decision date
8 December 2023
Authority
Hinckley and Bosworth Borough Council
Inspector
Cooper P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Craig Miller
LPA reference
22/00021/FUL
ONS LPA code
E07000132
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 September 2023

Summary AI

The inspector found that the proposed development would not cause significant harm to the character of the open countryside and would be a modest addition to the existing site complex. The inspector also found that the use of the field for horses and the stables for private and commercial usage was acceptable.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision Site visit made on 31 October 2023 by Paul Cooper MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 8 December 2023 Appeal Ref: APP/K2420/W/23/3321728 Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, Atherstone CV9 3RF • 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 Miller against the decision of Hinckley & Bosworth Borough Council. • The application Ref 22/00021/FUL, dated 27 September 2021, was refused by notice dated 17 March 2023. • The development proposed is erection of stable block, erection of new agricultural barn, change of use of land to the keeping of horses. Decision 1. The appeal is allowed, and planning permission is granted for the erection of a stable block, erection of a new agricultural barn, change of use of land to the keeping of horses at Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, Atherstone CV9 3RF in accordance with the terms of the application Ref 22/00021/FUL dated 27 September 2021 and subject to the following conditions: 1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Page 1 · Chunk 1 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision 2) The development hereby permitted shall not be carried out otherwise than in complete accordance with the following submitted plans: Site Location Plan (07.2300) Block Plan (07.2300.35) Proposed Plans and Elevations (07.2300.38) Floor Plan – Stable Block (07.2300.37) Proposed Elevations – Stable Block (07.2300.35) Application for costs 2. An application for costs was made by Mr Miller against Hinckley and Bosworth Borough Council. This application is the subject of a separate Decision. Main Issue 3. The main issue in this appeal is the effect of the development on the open countryside. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 2 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision 2) The development hereby permitted shall not be carried out otherwise than in complete accordance with the following submitted plans: Site Location Plan (07.2300) Block Plan (07.2300.35) Proposed Plans and Elevations (07.2300.38) Floor Plan – Stable Block (07.2300.37) Proposed Elevations – Stable Block (07.2300.35) Application for costs 2. An application for costs was made by Mr Miller against Hinckley and Bosworth Borough Council. This application is the subject of a separate Decision. Main Issue 3. The main issue in this appeal is the effect of the development on the open countryside. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 3 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision Appeal Decision APP/K2420/W/23/3321728 Reasons 4. The appeal site is accessed directly from the B585 Wellsborough Road and has a long planning history. There are a number of buildings already in-situ on the site, as well as the original farmhouse. The site no longer operates as a working farm. 5. The proposals constitute a L-shaped stable block and an agricultural barn, located to the rear of the built up area of the site, on an existing concrete hardstanding. The stable block would be sited adjacent an existing open agricultural barn, whilst the new agricultural barn would be sited across from the entrance to the existing barn, and opposite an existing building. An existing field located to the east, almost three hectares in size, would be used to keep the horses. 6. The Council are concerned with the built development aspect of the proposals failing to respond positively to the context of the site and encroaching into the open countryside, causing harm various aspects of its character. 7.

Page 2 · Chunk 4 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision I find that I cannot agree with the reasoning of the Council on this matter, the buildings proposed would be located in close proximity to, and adjacent to existing buildings on site, and would share a concrete hardstanding area with those buildings. The proposed buildings would be extremely modest in overall height, and will not appear incongruous within the site complex in terms of massing and materials of construction. 8. Having viewed the area around the site and related viewpoints, I do not concur with the Council’s opinion with regard to the possibility that the impact of the building proposals would be excessive; it would be visible, but not to a level that would cause material harm. 9. I also note the Council’s Officer Report stated that no detail had been provided about any commercial use for the stables, but the evidence in front of me demonstrates an email exchange between the parties that clearly shows that the stables would be for both private and commercial usage. 10. The usage of the field for horses is an acceptable usage in the open countryside and can be seen on numerous occasions in various countryside areas in other locations.

Page 2 · Chunk 5 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision There is little doubt that this, combined with the stables, which relate to the welfare of the horses, is an equestrian use, but again, is not an unusual sight. As this aspect also tallies up with the commercial aspect of the livery, I find that the site-specific conditions and appropriate location of the stable block with not be an unacceptable use in the open countryside. 11. As such, I do not find conflict with policies DM4 and DM10 of the Site Allocations and Development Management Policies DPD (2016), and policies S1 and S8 of the Sheepy Parish Neighbourhood Plan which amongst other matters, expect development not to have a significant adverse effect on the intrinsic value, beauty, open and landscape character of the countryside, and would complement the character of the surrounding area. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Appeal Decision Appeal Decision APP/K2420/W/23/3321728 Conditions 12. I consider both conditions requested by the Council to be standard in nature, and both fair and reasonable in the interests of good planning. Conclusion 13. For the reasons given above, I conclude that the appeal should succeed.

Page 3 · Chunk 7 Paul Cooper

Sheepy Parva Farm, Wellsborough Road, Sheepy Parva, ATHERSTONE, Leicestershire, CV9 3RF — Hinckley and Bosworth Borough Council — Paul Cooper INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Heritage impact
Against appellant
¶6

The Council were concerned that the proposed development would fail to respond positively to the context of the site and encroach into the open countryside, causing harm to its character.

Heritage impact
For appellant
¶7

The inspector found that the proposed buildings would be modest in overall height and would not appear incongruous within the site complex in terms of massing and materials of construction.

Flood risk
Neutral
¶null

There is no mention of flood risk in the decision letter.

Planning obligations
Against appellant
¶9

The Council had been concerned that no detail had been provided about any commercial use for the stables, but the inspector found that an email exchange between the parties demonstrated that the stables would be for both private and commercial usage.

Policies relied on

Reference Weight
DM4
Moderate
DM10
Moderate
S1
Moderate
S8
Moderate

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 8 December 2023 under the Open Government Licence.