Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision Site visit made on 29 October 2024 by Juliet Rogers BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 18 November 2024 Appeal Ref: APP/Y3940/W/24/3339371 Woodlands, 20 Smallbrook Lane, Warminster, Wiltshire BA12 9HP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Mr F Tieman against the decision of Wiltshire Council. • The application Ref is PL/2023/07590. • The development proposed is the erection of a dwellinghouse. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal scheme is for outline planning permission with all matters reserved for future approval except for access. As a result, I have treated any details relating to layout, scale, appearance and landscaping submitted with the application, including on the plans, as indicative only. Main Issue 3. The main issue is the effect of the proposal on the safety of users of Smallbrook Lane and Boreham Road. Reasons 4.

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision The appeal site is accessed via Smallbrook Lane, a single-width road which serves several dwellings including the property known as Woodlands, located immediately adjacent to the site. Between 18 Smallbrook Lane (No.18) and Woodlands, hedgerows and mature trees define the boundary between the lane and fields beyond. Combined with narrow grassy verges to both sides of the carriageway, these landscape features enclose this stretch of the lane and limit the locations where pedestrians could move to a safe position should a vehicle be approaching. 5. The lane terminates for vehicles alongside the appeal site where it becomes a Public Right of Way (PRoW). Whilst a snapshot in time, several people were using the lane and PRoW for walking, with and without a dog, and jogging during my site visit. Whilst these may be residents or locals, and their visitors, who may be familiar with the conditions of the lane, this is not guaranteed. Moreover, an awareness of the conditions of the lane does not negate the need to ensure development does not harm the safety of the users of the lane. 6.

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision Whilst the number of additional daily vehicle trips anticipated from the proposal is low and the width of the lane limits traffic speeds, nevertheless any increase would also lead to a heightened potential for conflict between https://www.gov.uk/planning-inspectorate

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision Whilst the number of additional daily vehicle trips anticipated from the proposal is low and the width of the lane limits traffic speeds, nevertheless any increase would also lead to a heightened potential for conflict between https://www.gov.uk/planning-inspectorate

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3339371 pedestrians and vehicles. Even if there have been no recorded accidents along the lane, nonetheless, additional traffic movements would be detrimental to the safety of other users. This is particularly the case within the section between No.18 and Woodlands where refuge places are lacking. 7. Similarly, the absence of formal or informal bays in this part of the lane also restricts vehicles from passing without driving on the verge or reversing to where verges are not present. Such manoeuvres could also be hazardous to pedestrians. Consequently, whilst this would not lead to severe residual cumulative impacts on the road network, the impact on highway safety would, nevertheless, be unacceptable and contrary to the principles set out in the National Planning Policy Framework (the Framework). 8. Irrespective of any conclusion on the turning space provided for vehicles on the site or the fact that vehicles already use the lane to access Woodlands, these are not reasons to permit unacceptable development. Even if I were to conclude that the access on to the appeal site from the lane is acceptable, this would not weigh in favour of the appeal scheme. 9.

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision I have been referred to an appeal1 for another proposal along the lane which was dismissed as the Inspector concluded the safety of users of the junction between Smallbrook Lane and Boreham Road would have been unacceptably reduced. The evidence before me, however, indicates that alterations have been made to this junction since this decision, including a reduction in the speed limit along the main road and the introduction of formal on-street parking spaces. Whilst vehicles parked in the on-street bays during my site visit does partially restrict visibility when leaving the lane, this was to a small degree which did not prevent drivers from making a safe exit. As such, the proposal would not harm the safety of users of Boreham Road. 10. Despite this, I conclude that the proposal would harm the safety of users of Smallbrook Lane and is contrary to policies 60 and 61 of the Wiltshire Core Strategy. In combination, these policies support and encourage the sustainable, safe and efficient movement of people within Wiltshire by ensuring development is capable of being served by safe access to the highway network, amongst other provisions. Other Matters 11.

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision The proposal would provide social and economic benefits from the construction and occupation of an additional dwelling, which supports the Framework’s objective of significantly boosting the supply of housing. Whilst small-scale sites can have a meaningful impact in contributing towards this objective, nevertheless, the benefits from a net gain of one dwelling would be limited. No details of any environmental benefits which could be derived from the appeal scheme have been provided as part of the outline planning application. Therefore, no weight is attributed to this aspect, with limited weight given to the social and economic benefits of the appeal scheme. 12. Although the Council is unable to demonstrate a five-year supply of deliverable housing sites, the status of the emerging Local Plan2 means that a minimum of four, rather than five, years’ worth of housing supply is required by the Framework. The evidence before me indicates that the current position is 1 APP/F3925/A/02/1088646 2 Regulation 19 https://www.gov.uk/planning-inspectorate 2

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3339371 approximately 4.6 years. This is not disputed by the appellant and I have no reason to disagree. Any contribution to the supply of housing would be minimal and the presumption is favour of sustainable development does not apply. 13. The appeal site is located within the catchment of the River Avon Special Area of Conservation (SAC), a European Designated Site afforded protection under the Conservation of Habitats and Species Regulations 2017. The Council have indicated that sufficient information has now been provided by the appellant as part of the appeal to satisfy their concerns regarding the proposal’s impact on the SAC. Nonetheless, if the circumstances leading to the grant of planning permission had been present, it would have been my duty, as the competent authority, to consider if the proposal would be likely to have a significant adverse effect on the integrity of the SAC. However, as I am dismissing the appeal on the main issue above, I have not found it necessary to consider this matter further. Conclusion 14.

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Appeal Decision The proposal conflicts with the development plan when taken as a whole and there are no material considerations, either individually or in combination, which indicate that a decision should be made other than in accordance with it. Therefore, I conclude that the appeal should be dismissed.

Woodlands, 20 Smallbrook Lane, WARMINSTER, BA12 9HP — Wiltshire Council — Juliet Rogers INSPECTOR https://www.gov.uk/planning-inspectorate 3