Case 3331187

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA

Wiltshire Council — appeal dismissed

Outcome
Dismissed
Decision date
29 April 2024
Authority
Wiltshire Council
Inspector
Marigold O
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor retail and services
Appellant
Robert Hitchins Ltd
LPA reference
PL/2023/01007
ONS LPA code
E06000054
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 February 2024

Summary AI

The appeal for a new Local Centre, comprising a Class E(f) day nursery and Class E(a) convenience store, was dismissed due to harm to the character and appearance of the area. The proposal's design and layout would not reflect the existing natural landscape features, and its negative landscape and visual effects would be of medium magnitude. The decision is in accordance with the Development Plan, which requires sensitive design and conservation of the transition at the urban fringe.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision Site visit made on 9 April 2024 by O Marigold BSc DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 29 April 2024 Appeal Ref: APP/Y3940/W/23/3331187 Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Michael Plimmer of Robert Hitchins Ltd against the decision of Wiltshire Council. • The application Ref is PL/2023/01007. The development proposed is a new Local Centre comprising a Class E(f) day nursery and Class E(a) convenience store, with associated parking, access and landscaping. Decision 1. The appeal is dismissed. Preliminary Matter 2. Since the appeal was made, a revised National Planning Policy Framework (the Framework) has been published. Although I have made my determination against the updated national policy context, the relevant changes to the Framework are not fundamental to matters which are determinative to the outcome of this appeal. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the area. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision The appeal site consists of an agricultural field, lined with hedgerows. Nearby is recently built housing, and the site is now at the rural edge of Calne. There is an attenuation pond within part of the appeal site which blends in reasonably well to the natural landscape. The site has other man-made features, such as a gravel track and an access point installed for a previous use as a contractor’s compound. Nevertheless, there is little evidence of this use, and the site is largely free of built development. As such, although not within a designated sensitive landscape, it has an attractive rural appearance which provides a degree of visual relief from the urban development nearby. 5. The proposal seeks to erect a single-storey building providing a day nursery and convenience store, with associated parking, access and landscaping. The form, shape and massing of the proposal largely follows the requirements of the operators, but its design and materials are intended to reflect the new housing opposite. In this context, the elevational design of the proposed building would have an acceptable appearance. However, although set into the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/23/3331187 ground, the proposal would be in a broadly central position within the field, leaving large undeveloped open areas to the field boundaries. 6. The ‘left over’ areas are shown on the plans as a future development plot, intended for housing. However, a planning application1 for dwellings including within these areas was refused by the Council in March 2024. The site and its immediate surroundings are outside of the defined development boundaries in the Wiltshire Core Strategy (WCS), adopted January 2015. Nor are they allocated for retail or housing uses in the emerging Pre-Submission Draft Local Plan (PSDLP). Consequently, it is by no means certain that the land surrounding the site will be built upon, and so the proposal may well be a stand-alone feature in the long-term. 7. For the reasons given above, the layout of the proposal would fail to reflect the existing natural landscape features. As a result, the scale and mass of the built form of the proposal would appear as an arbitrary and jarring incursion into the field.

Page 2 · Chunk 3 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision The Landscape and Visual Assessment identifies that the site has a medium-low visual and landscape character sensitivity and can accommodate change without significant effects on the wider landscape. 8. However, it also finds that the site contributes to some extent to the desirable landscape characteristics of the local area, with value in its openness. From close positions, such as Viewpoints 1 and 2, there would be views of the built form of the proposal albeit filtered by trees and hedgerows. However, the existing and proposed enhanced landscaping would be less effective as screening in winter months. In any case, parts of the proposal, its siting and the undeveloped areas would be visible from the access point, car park and turning areas, at all times of the year. Accordingly, in my view, its negative landscape and visual effects would be of medium magnitude. 9. For these reasons, I conclude that the proposal would harm the character and appearance of the area. It would therefore conflict with WCS policies 51 and 57 and Policy NE2 of the Calne Community Neighbourhood Plan (NP), made February 2018.

Page 2 · Chunk 4 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision These policies identify the importance of the rural edges of towns and require a positive response, including to landscape features. They also require sensitive design and conservation of the transition at the urban fringe. Framework Paragraph 135 requires that development is visually attractive, including in respect of its layout. As such, I give this conflict substantial negative weight. Other Considerations 10. The proposal would deliver both a children’s nursery and a local convenience store to the area. They would bring appreciable employment benefits both during construction and subsequently. They would also provide an improved retail offer and a nursery facility, thus potentially reducing the need for residents to travel further. The NP identifies the need for local top-up shopping facilities for recent developments in Calne. Its Policy W3 supports proposals that add to the distribution of neighbourhood convenience shops, albeit subject to compliance with other Development Plan policies. 11. Since the publication of the NP, an additional retail facility (Spar) and Post Office has opened at James Avenue, not far away.

Page 2 · Chunk 5 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision The proposal may well affect 1 LPA reference PL/2022/07893 https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision The proposal may well affect 1 LPA reference PL/2022/07893 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/23/3331187 this facility, particularly if additional housing and a nearby employment and industrial allocation is not forthcoming. The Framework seeks to guard against the loss of shops meeting day-to-day needs, but also encourages a competitive economy. Although their customer catchment areas may overlap, the proposal would also provide convenience shopping for other new housing development further from the Spar shop, such as around Sand Pit Road. 12. The Council accepts that there is a need for an additional convenience retail facility. The PSDLP identifies an alternative location for a local centre. However, it is at an early stage. Having regard to Framework paragraphs 48 to 50, I give the PSDLP only limited weight. The proposal would not be so significant as to undermine the plan-making process and so prematurity does not apply. Consequently, for the reasons given above, I give moderate positive weight to the retail and economic benefits of the proposal. I also give limited positive weight to its ecological benefits. 13. Consistency of decision-making is important. At pre-application stage and during the application itself, the Council and its officers were supportive of the proposal.

Page 3 · Chunk 8 Appeal Decision

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — Appeal Decision However, the circumstances have changed somewhat since then with regard to the surrounding land. In any case, I have reached my own conclusions on the proposal. The Council’s handling of the application has not therefore had a bearing on my decision. Planning Balance and Conclusion 14. For the reasons given, I have found conflict with the Development Plan as a whole. The material considerations in this case do not indicate a decision other than in accordance with the Development Plan. This leads me to conclude that the appeal should be dismissed.

Page 3 · Chunk 9 O Marigold

Land south of Abberd Lane and east of Spitfire Road, Calne, Wiltshire, SN11 8GA — Wiltshire Council — O Marigold 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

Character and appearance
Against appellant
¶5

The proposal's design and materials are intended to reflect the new housing opposite, but its layout would fail to reflect the existing natural landscape features, making it appear as an arbitrary and jarring incursion into the field.

Character and appearance
Against appellant
¶7

The proposal's scale and mass would appear as an arbitrary and jarring incursion into the field, failing to reflect the existing natural landscape features.

Character and appearance
Against appellant
¶8

The proposal's negative landscape and visual effects would be of medium magnitude, as it would be visible from the access point, car park, and turning areas, and would conflict with WCS policies 51 and 57 and Policy NE2 of the Calne Community Neighbourhood Plan.

Other
For appellant
¶11

The proposal would deliver both a children's nursery and a local convenience store, bringing appreciable employment benefits and providing an improved retail offer.

Other
For appellant
¶12

The proposal would provide convenience shopping for other new housing development further from the Spar shop, and would not undermine the plan-making process.

Policies relied on

Reference Weight
WCS policies 51 and 57 and Policy NE2 of the Calne Community Neighbourhood Plan
Substantial
Framework Paragraph 135
Substantial
PSDLP
Limited

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 29 April 2024 under the Open Government Licence.