Case 3321876

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN

Basildon District Council — appeal dismissed

Outcome
Dismissed
Decision date
8 February 2024
Authority
Basildon District Council
Inspector
Bell-Williamson J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Reserved Matters
Development type
Minor Dwellings
Appellant
J Keeling & Sons
LPA reference
22/00934/REM
ONS LPA code
E07000066
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 November 2023

Summary AI

The inspector dismissed the appeal due to the proposed dwelling's harmful effect on the character and appearance of the surrounding area. The dwelling's modern and contemporary appearance would be incongruous with the rural landscape, and its prominence on high ground would make it visible from surrounding viewpoints.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision Site visit made on 16 January 2024 by J Bell-Williamson MA MRTPI an Inspector appointed by the Secretary of State Decision date:08.02.2024 Appeal Ref: APP/V1505/W/23/3321876 Crays Hall Farm, Church Lane, Ramsden Crays, Billericay, Essex CM11 2UN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by Mr J Keeling (J Keeling & Son) against the decision of Basildon Borough Council. • The application Ref 22/00934/REM, dated 28 June 2022, sought approval of details pursuant to condition No 1 of planning permission Ref 20/00198/OUT, granted on 25 November 2021. • The application was refused by notice dated 21 November 2022. • The development proposed is outline application with all matters reserved except access for the erection of agricultural workers dwelling. • The details for which approval is sought are: appearance, layout and scale. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision The appeal is dismissed and approval of the reserved matters is refused, namely: appearance, layout and scale details submitted in pursuance of condition No 1 attached to planning permission Ref 20/00198/OUT, granted on 25 November 2021. Preliminary Matters 2. The principle of an agricultural workers dwelling and the suitability of the access have been established by the outline permission referred to above and, therefore, are not matters before me. A landscape plan has been provided, but as landscaping is not one of the reserved matters for which approval is sought I have treated this as indicative. Main Issue 3. The main issue is the effect of the proposed dwelling on the character and appearance of the surrounding area. Reasons 4. The appeal site is located within a large farm holding that includes arable and grassland for livestock grazing, within the Green Belt. It is an elevated part of an open field with extensive views of the surrounding area. A row of recently constructed agricultural buildings is nearby to the north, with woodland and a https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/23/3321876 railway line beyond this. The Outwood Solar Park lies to the west of the site, with the urban edge of Billericay beyond this. 5. Comparisons are drawn between the appeal proposal and an earlier unsuccessful reserved matters application related to the same outline permission1. While I note this, I have considered the proposal before me on its individual merits. I note also that since the current proposal was refused, permission has been granted for the same reserved matters for a dwelling of different design to the current proposal2. The appellant indicates that the appeal proposal seeks a preferable, more contemporary form of dwelling than the approved one. 6. The proposal is for a two storey dwelling, with a flat roof and glazed balustrading enclosing a terrace on the first floor. A separate single storey building would comprise a farm office and garage. The Council indicates that the size of the dwelling would not be considered excessive in relation to the proposed use, to accommodate a livestock manager and their family. I see no basis to disagree, particularly as the scale of the proposed dwelling is not dissimilar to the recently approved one.

Page 2 · Chunk 3 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision Moreover, I am not aware that the Council raises any concerns about the proposed layout, which is similar to the approved scheme, also comprising a two storey dwelling with a separate office and garage building. The principal consideration, therefore, reflected in the main issue, relates to the appearance of the proposed dwelling. 7. The Council’s Landscape Character Assessment (2014) (LCA) identifies the site as falling within the ‘East Billericay Wooded Hills and Ridges’ character area. This is described as an area of wooded farmland on hills and ridges located to the east of Billericay, with a marked rural character within the area and a few isolated properties and farm buildings. A management guideline for the area is to retain key viewpoints and vistas to landscape from public roads and rights of way. 8. The appeal site and its immediate surrounds reflect these characteristics, with the only nearby buildings being the farm buildings that the dwelling would relate to, both functionally and visually. While these are of modern construction and materials, they are nonetheless utilitarian in character and appearance, reflecting their agricultural use and the rural character of their surrounds.

Page 2 · Chunk 4 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision They are positioned on lower ground than the dwelling would be, making them less prominent in the landscape setting. The solar farm to the west is a prominent feature, but despite its presence, due to the openness and extent of the wider surrounding countryside, the area retains the marked rural character identified in the LCA. 9. The proposed dwelling would be a rectangular block form with extensive areas of glazing, particularly to the upper floor. I acknowledge that these and other design features reflect the objective of creating an environmentally sustainable building, which enables views of the surrounding countryside. I accept also that neither the Essex Design Guide nor the National Planning Policy Framework (the Framework) seek to stifle innovative design. Indeed, the Framework says that significant weight should be given to outstanding or 1 Ref 22/00159/REM. 2 Ref 23/00002/REM. 2

Page 3 · Chunk 5 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/23/3321876 innovative designs which promote high levels of sustainability, so long as they fit in the overall form of their surroundings3. The Framework also requires that decisions should ensure that developments are sympathetic to local character and landscape setting4. 10. In terms of appearance, the dwelling and associated building would have a symmetrical block form, with little articulation. While it would have a modern, contemporary appearance there is no reasonable basis to conclude that the dwelling would represent the outstanding or innovative design envisaged in the Framework. The built form combined with the extensive glazing and apparent use of concrete would have a hard, urbanising effect, which would contrast unfavourably with the rural landscape and wider setting. These effects would be apparent both in their own right and by comparison to the design of the approved dwelling, which, while of greater height, would integrate more effectively into the rural landscape setting. 11.

Page 3 · Chunk 6 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision The prominence of the appeal site on high ground means that, as the Council contends, the proposed dwelling would be seen from the footpaths to the north and east, and possibly in longer passing views from the rail line further north. From these viewpoints the dwelling would be seen as an incongruous addition to the rural landscape, viewed both in isolation and in the context of the nearby agricultural buildings. I note the appellant’s contention that appropriate planting will be used to assimilate the proposal in its setting. However, landscaping is not before me as a reserved matter, but based on the indicative plan, this would not overcome the harmful effects of the proposed dwelling in this open rural location. 12. I have had regard to the representations made by interested parties, which largely reflect the main issue in this case. 13. Accordingly, for the above reasons, I conclude that the proposed dwelling would have a materially harmful effect on the character and appearance of the surrounding area.

Page 3 · Chunk 7 Appeal Decision

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — Appeal Decision Consequently, while the Council does not refer to any specific development plan policies in its decision notice, the proposal is contrary to the Framework, particularly the requirement that decisions should ensure that developments are sympathetic to local character and landscape setting. Conclusion 14. For the reasons given, it is concluded that the appeal should be dismissed.

Page 3 · Chunk 8 J Bell-Williamson

Crays Hall Farm Church Lane, Crays Hill, BILLERICAY, CM11 2UN — Basildon District Council — J Bell-Williamson INSPECTOR 3 Paragraph 139b). 4 Paragraph 135c). 3

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

Main issues and findings

Character and appearance
Against appellant
¶11

The dwelling would be seen as an incongruous addition to the rural landscape, viewed both in isolation and in the context of the nearby agricultural buildings.

Character and appearance
Against appellant
¶10

The dwelling's built form, combined with extensive glazing and apparent use of concrete, would have a hard, urbanising effect, contrasting unfavourably with the rural landscape and wider setting.

Policies relied on

Reference Weight
NPPF 208
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 8 February 2024 under the Open Government Licence.