Case 3324194

Land at the rear of 210 Carlton Road, Athersley, BARNSLEY, S71 2AP

Barnsley Metropolitan Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
7 March 2024
Authority
Barnsley Metropolitan Borough Council
Inspector
Rafiq F
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Ian Hitchen
LPA reference
2022/0869
ONS LPA code
E08000016
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 December 2023

Summary AI

The appeal was dismissed due to the removal of a condition on an agricultural building permission being in conflict with Local Plan Policy H3. The policy aims to safeguard allocated housing sites from permanent development, and the proposed agricultural building would introduce a larger building than the existing ones, potentially prejudicing future housing delivery.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land at the rear of 210 Carlton Road, Athersley, BARNSLEY, S71 2AP — Barnsley Metropolitan Borough Council — Appeal Decision Site visit made on 31 January 2024 by F Rafiq BSc (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 7 March 2024 Appeal Ref: APP/R4408/W/23/3324194 210 Carlton Road, Athersley South, Barnsley S71 2AP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by Mr Ian Hitchen against the decision of Barnsley Metropolitan Borough Council. • The application Ref 2022/0869 was approved on 6 April 2023 and planning permission was granted subject to conditions. • The development permitted is the erection of an agricultural storage building. • The condition in dispute is No 1 which states that: Within 3 years of the date of this permission, the agricultural store hereby permitted shall be removed from the site, and all works necessary to reinstate the land to its original condition shall have been carried out. • The reason given for the condition is: In the interest of safeguarding the allocated housing site from permanent development, in accordance with Local Plan Policy H3: Uses on Allocated Housing Sites. Decision 1. The appeal is dismissed. Preliminary Matter 2.

Page 1 · Chunk 1 Appeal Decision

Land at the rear of 210 Carlton Road, Athersley, BARNSLEY, S71 2AP — Barnsley Metropolitan Borough Council — Appeal Decision A revised National Planning Policy Framework (Framework) was published in December 2023. I have had regard to this in reaching my decision. Background and Main Issue 3. Planning permission was granted for an agricultural building, but with a condition which was for a temporary period of 3 years. The appellant seeks to remove the condition that limits the permission for a temporary duration. 4. The main issue is whether the condition is reasonable or necessary in relation to the delivery of housing on allocated sites as set out in Policy H3 of the Barnsley Local Plan (Local Plan). Reasons 5. The appeal site comprises of an area of agricultural land and buildings to the rear of residential properties on Carlton Road. It forms part of a larger area identified on the Policies Map which Local Plan Policy H3 allocates for residential purposes. 6. This policy states that sites shown as housing sites on the Policies Map will be developed for residential purposes. There is no reference to the sites being ‘solely’ used for residential purposes and it is also the case that the policy does https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land at the rear of 210 Carlton Road, Athersley, BARNSLEY, S71 2AP — Barnsley Metropolitan Borough Council — Appeal Decision Appeal Decision APP/R4408/W/23/3324194 not address existing uses. It does however reference other uses that are not residential and the circumstances in which they will be allowed, setting out the need for them to be small scale and ancillary to the housing elements, and the need for them to provide a service or other facility for local residents. 7. The policy therefore limits the uses on allocated housing sites to either residential or a use that complies with both parts of the sub-criteria that are set out in the policy. In this regard, the appeal proposal would not be ancillary to the housing elements and nor would it provide a service or facility for local residents. 8. The purpose of the policy is set out in its supporting text, which states that sites identified for housing are needed to provide new homes. Although, the appeal site does not form a significant part of the overall allocation, and the appellant states that it does not provide any access points, I haven not been provided with any details on how the overall allocation could be developed for residential without the appeal site. 9.

Page 2 · Chunk 3 Appeal Decision

Land at the rear of 210 Carlton Road, Athersley, BARNSLEY, S71 2AP — Barnsley Metropolitan Borough Council — Appeal Decision Whilst any future residential development would require a willing landowner and the removal of existing buildings, the permanent development proposed would introduce a larger building than the ones it would replace, and this could be prejudicial to the future delivery of housing. 10. I therefore conclude that the disputed condition is reasonable and necessary in the interests of the delivery of housing on allocated sites as set out in Local Plan Policy H3. The removal of the condition would result in a conflict with this Local Plan policy. Other Matter 11. Reference has been made to discussions during the course of the application, and in particular, on the suggestion and agreement to a temporary approval. Although a significant financial investment would be required to erect the proposed agricultural building, I haven’t been provided with details on why the reduced 3 year time period would be unworkable. Conclusion 12. For the reasons given above I conclude that the appeal should be dismissed.

Page 2 · Chunk 4 F Rafiq

Land at the rear of 210 Carlton Road, Athersley, BARNSLEY, S71 2AP — Barnsley Metropolitan Borough Council — F Rafiq 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

Housing land supply
Against appellant
¶3

The appellant seeks to remove a condition limiting the permission for a temporary duration, but this would conflict with Local Plan Policy H3.

Housing land supply
Against appellant
¶10

The disputed condition is reasonable and necessary in the interests of the delivery of housing on allocated sites as set out in Local Plan Policy H3.

Policies relied on

Reference Weight
Local Plan Policy H3
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 7 March 2024 under the Open Government Licence.