Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY
Teignbridge District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 18 January 2024
- Authority
- Teignbridge District Council
- Inspector
- Andrews M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr S Frampton
- LPA reference
- 23/00217/FUL
- ONS LPA code
- E07000045
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 October 2023
Summary AI
The appeal for an extension to the domestic curtilage of Littlemead was dismissed due to concerns over the impact on the rural character and landscape, and highway safety. The inspector found that the proposed extension would be harmful to the landscape character of the area and would increase the danger of inadequate visibility on the access road.
PDF text
Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY — Teignbridge District Council — Appeal Decision Site visit made on 19 December 2023 by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI an Inspector appointed by the Secretary of State Decision date: 18th January 2024 Appeal Ref: APP/P1133/W/23/3324149 Littlemead, Marldon Road, Ipplepen, Devon TQ12 5TY • 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 S Frampton against the decision of Teignbridge District Council. • The application, Ref. 23/00217/FUL, dated 7 February 2023 was refused by notice dated 25 May 2023. • The development proposed is the extension to the domestic curtilage of Littlemead with the retention of the domestic store and pool. Decision 1. The appeal is dismissed. Preliminary Matter 2. The development lawfully applied for is as set out in the final bullet point above. However, as ‘retention’ is not ‘development’ under planning legislation and a number of changes to the site have already taken place, I consider that the amended description on the appeal form that includes a reference to the retrospective change of use of paddock land to a domestic curtilage is more appropriate. Main Issues 3.
Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY — Teignbridge District Council — Appeal Decision The main issues are (i) the effect of the development on the rural character and landscape of the area, and (ii) the effect of the access on highway safety. Reasons 4. On the first issue the Council considers that the appeal proposal is harmful to the landscape character of the area in terms of three main elements: the principle of the subdivision of the existing paddock; the domestication of this additional area, and the changes in the access to Marldon Road. 5. On the first point, I saw on my visit that Littlemead is a bungalow positioned at the south east corner of a wedge of land defined by hedgerows along its long boundaries, including to the south west along Marldon Road. Although the dwelling itself is well screened it can be seen along the access drive together with a number of parked vehicles, open storage and an outbuilding. 6. The Location Plan submitted with the application shows the area to be added to the curtilage as edged red. This piece of land at about 875sqm is of substantial
Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/23/3324149 size, and at an initial impression not too different in extent to the existing domestic curtilage. The curtilage extension is shown on the Location and Block Plans as separating Littlemead from the appellant’s remaining and still larger area of paddock to the north west. 7. I consider that an extension of the curtilage to the extent proposed, and indeed in part implemented, is both excessive in size given the modest scale of the host dwelling and its existing garden, and harmful as regards its use and visual impact. Instead of planting or landscaping in a form appropriate to its rural location and setting that would help the two parcels of land to merge seamlessly, the eye is instead drawn to a random siting of domestic paraphernalia. 8. Leaving aside the parking of a pickup truck and a car close to the access, there is a play pool, a large wooden garden room or store, football goals and play equipment, whilst the appellant’s photographs show other children’s play equipment and the scattering of these structures and pieces of equipment across an otherwise open field. All of this emphasises the adverse effect of the change of use of the land.
Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY — Teignbridge District Council — Appeal Decision In the event that permission were to be granted, it would be impossible to prevent the further domestication of the former paddock as conditions would be impractical and difficult to enforce. 9. Furthermore, these harmful impacts are exacerbated in two ways by the alteration to the former field access. Firstly, the Council’s evidence includes a photograph of this as being no more than a field gate to the paddock bounded on each side by high hedge banks. The access is now defined by a stone wall surmounted by horizontal wooden lats to either side which appears incongruous in a country lane and again draws attention as being a harmful alteration to the rural character of the locality. Secondly, the access enables a public view of the domesticated former paddock in a location of sufficient distance from the host dwelling to intensify the perception of their intrusive effect. 10. On the second issue, I observed that this part of Marldon Road is narrow and at the time of my visit was characterised by the frequent passage of cars, vans and HGVs.
Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY — Teignbridge District Council — Appeal Decision The absence of sightlines from the intensified access clearly increases the danger because of inadequate visibilty and their enlargement to the standard considered by the County Highways would clearly spoil the character and appearance of the country lane. 11. I have had regard to the submissions made in the grounds of appeal and to all other matters raised. However, I find that on the main issues there would be an unacceptably harmful impact on the rural character and landscape of the area and on highway safety. This would conflict with Policies S2, S22 & EN2A of the Teignbridge Local Plan 2013-2033 adopted in 2014 and with Government policy in Section 12: ‘Achieving Well-Designed and Beautiful Places’ and paragraph 180 of the National Planning Policy Framework 2023. 12. For the above reasons the appeal is dismissed.
Littlemead Marldon Road, Ipplepen, NEWTON ABBOT, TQ12 5TY — Teignbridge District Council — Martin Andrews INSPECTOR 2
Main issues and findings
Other Against appellant ¶7
The extension of the curtilage is excessive in size and would have a harmful impact on the rural character of the area, with the eye being drawn to a random siting of domestic paraphernalia.
Other Against appellant ¶8-9
The change of use of the land would lead to the further domestication of the former paddock, making it impossible to prevent, and would exacerbate the harmful impacts on the rural character of the locality.
Highway safety Against appellant ¶10
The altered access would increase the danger of inadequate visibility on the access road, and would spoil the character and appearance of the country lane.
Policies relied on
| Reference | Weight |
|---|---|
| Policy S2 |
Determinative |
| Policy S22 |
Determinative |
| Policy EN2A |
Determinative |
| National Planning Policy Framework 2023, paragraph 180 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 18 January 2024 under the Open Government Licence.