Case 3329686

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES

Lancaster City Council — appeal allowed

Outcome
Allowed
Decision date
4 March 2024
Authority
Lancaster City Council
Inspector
Teasdale N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor general industry/storage/warehousing
Appellant
Mr Neil Sutcliffe
LPA reference
23/00757/AD
ONS LPA code
E07000121
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 December 2023

Summary AI

The appeal for an earth banked slurry store at Laithwaite Farm was allowed due to the development's design and siting not having an unacceptable impact on the character and appearance of the countryside.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision Site visit made on 13 February 2024 by N Teasdale BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 4th March 2024 Appeal Ref: APP/A2335/W/23/3329686 Laithwaite Farm, Crimbles Lane, Cockerham, Lancashire LA2 0ES • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO). • The appeal is made by Mr Sutcliffe (W.G.Farms Ltd) against the decision of Lancaster City Council. • The application Ref 23/00757/AD, dated 30 June 2023, was refused by notice dated 28 July 2023. • The development proposed is earth banked slurry store. Decision 1. The appeal is allowed and prior approval is granted under the provisions of Article 3(1) and Schedule 2, Part 6, Class A of the GPDO for earth banked slurry store at Laithwaite Farm, Crimbles Lane, Cockerham, Lancashire LA2 0ES in accordance with the terms of the application, Ref 23/00757/AD, dated 30 June 2023, and the details submitted with it pursuant to Article 3(1) and Schedule 2, Part 6, Class A, paragraph A.2.

Page 1 · Chunk 1 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision Background and Main Issue 2. Under Article 3(1) and Schedule 2, Part 6, Class A of the GPDO, planning permission is granted for agricultural development on units of 5 hectares or more subject to limitations and conditions. Condition 2 (i), of paragraph A.2, includes the requirement for the developer to, before beginning the | development, apply to the local planning authority for a determination as to | | --- | | whether the prior approval of the authority will be required as to the siting, | | design, and external appearance of the proposed development. |

Page 1 · Chunk 2 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision | development, apply to the local planning authority for a determination as to | | --- | | whether the prior approval of the authority will be required as to the siting, | | design, and external appearance of the proposed development. | 3. The Councils reason for refusal states that due to the siting, design, and external appearance of the proposed development which is located in a remote section of the landscape, the proposal would appear as an obtrusive and harmful addition to the appearance of the countryside setting. | The main issue is therefore the effect of the siting, design, and external | | --- | | appearance of the proposed development |

Page 1 · Chunk 3 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision | The main issue is therefore the effect of the siting, design, and external | | --- | | appearance of the proposed development | athpep eaareraan. c e of the proposed development on the character and appearance of Reasons 5. The appeal site relates to an agricultural piece of land associated with Laithwaite Farm located off Crimbles Lane to the south of Cockerham. It lies https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision athpep eaareraan. c e of the proposed development on the character and appearance of Reasons 5. The appeal site relates to an agricultural piece of land associated with Laithwaite Farm located off Crimbles Lane to the south of Cockerham. It lies https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 5 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/23/3329686 adjacent to a public right of way and is surrounded by hedgerows and small post and wire fences. 6. The appeal site has an agricultural character and rural appearance with many nearby open fields surrounding the site where there are other agricultural buildings/development dotted across the landscape. The proposed development involves the creation of an earth banked slurry store which would have a triangular shape featuring an earth bank with a perimeter fence on top. It would allow for the storage of slurry for longer periods over winter and I note the benefits associated with storing slurry onsite. The overall design of the works would exhibit a common style for this type of development and would be located to the north of the main farm steading. Whilst detached from other buildings, there is specific reasoning for this including agricultural value of the land and safe distancing from the farmhouse. It is also not considered to be of a distance to be totally remote in the landscape and it would still be seen and read alongside the overall prevailing agricultural nature of the site and its surroundings. 7.

Page 2 · Chunk 6 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision The existing landscaping surrounding the site would also help screen the development and whilst it would still be visible particularly from the adjacent public right of way, the general scale of the works particularly its overall limited height would not be overly excessive or dominant in its setting and thus would still retain the intrinsic beauty of the countryside. It would be related to an agricultural use and its overall design would reflect its intended use which would not represent an untypical feature within the rural landscape or considered unreasonable in this context. 8. For the reasons given above, I conclude that the siting, design, and external

Page 2 · Chunk 7 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision The existing landscaping surrounding the site would also help screen the development and whilst it would still be visible particularly from the adjacent public right of way, the general scale of the works particularly its overall limited height would not be overly excessive or dominant in its setting and thus would still retain the intrinsic beauty of the countryside. It would be related to an agricultural use and its overall design would reflect its intended use which would not represent an untypical feature within the rural landscape or considered unreasonable in this context. 8. For the reasons given above, I conclude that the siting, design, and external | appearance of the proposed development would not have an unacceptable | | --- | | impact |

Page 2 · Chunk 8 Appeal Decision

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — Appeal Decision | appearance of the proposed development would not have an unacceptable | | --- | | impact | idmevpealcotp omne tnhte w cohualrda catcecro ardn dw aitphp seeacrtaionnces 1o2f tahned a 1re5a o. fA tchceo rNdaintigolnya, lt hPela npnroinpgo sed Policy Framework relating to achieving well-designed and beautiful places and conserving and enhancing the natural environment. Conditions 9. For the avoidance of doubt, any approval granted for the development under Article 3(1) and Schedule 2, Part 6, Class A of the GPDO is subject to the conditions set out in paragraph A.2 including the time limits for when development must be carried out as set out at A.2 (2) (vi). Conclusion 10. For the reasons given above, I conclude that the appeal should be allowed, and prior approval should be granted.

Page 2 · Chunk 9 N Teasdale

Lathwaite Farm, Crimbles Lane, Cockerham, Lancaster, LA2 0ES — Lancaster City Council — N Teasdale 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

Character and appearance
For appellant
¶8

The existing landscaping surrounding the site would help screen the development, and its overall design would reflect its intended agricultural use, making it a typical feature in the rural landscape.

Policies relied on

Reference Weight
NPPF 208
Moderate

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 4 March 2024 under the Open Government Licence.