Case 3339426

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT

Cotswold District Council — appeal dismissed

Outcome
Dismissed
Decision date
5 September 2024
Authority
Cotswold District Council
Inspector
Cuthbert L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr and Miss Mark and Rebecca Pope and Arnold
LPA reference
22/00393/FUL
ONS LPA code
E07000079
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 May 2024

Summary AI

The appeal for a 5-holiday lodge development in open countryside was dismissed due to conflict with policy EC11 of the Local Plan. The inspector considered the proposal's conflict with the development plan and the lack of policy support outweighed the economic benefits.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision Site visit made on 22 August 2024 by Laura Cuthbert BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 5th September 2024 Appeal Ref: APP/F1610/W/24/3339426 Land at Oakleaze, South Cerney Road, Siddington, Cirencester GL7 6HT • 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 Mark Pope and Miss Rebecca Arnold against the decision of Cotswold District Council. • The application Ref is 22/00393/FUL. • The development proposed is Erection of 5 Holiday lodges (sui generis) and associated works. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have been provided with an electronic link to watch the relevant Planning and Licensing Committee meeting at which the appeal application was discussed. I have not watched this as I cannot be sure that all relevant interested parties have access to the facilities to watch it. It does not bear directly on the planning merits of the case and therefore does not materially affect my judgement of the appeal. 3.

Page 1 · Chunk 1 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision The appellant has also raised concerns in regard to the discussions and subsequent voting at the relevant committee meeting, which related to the participation of one of the Councillors. However, the appropriate channel to resolve this matter would be through the Council’s Monitoring Officer. This does not affect the merits of the proposal before me now. Main Issue 4. The main issue is whether the site is a suitable location for the proposed development, having regard to the development strategy for the area. Reasons 5. The appeal site relates to a parcel of land situated to the south of the property known as Oakleaze. It is situated outside any identified settlement development limits, with the nearest village being South Cerney, and is therefore classified as open countryside. The site has previously been used for the siting of 5 touring caravans, ran as a Caravan Club Certificated Site. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/24/3339426

Page 2 · Chunk 2 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision Whilst the former caravan bays are still visible on site, this use is no longer operating. The Council advises that the use ceased ‘in excess of 10 years ago’. 6. Policy EC11 of the Cotswold District Local Plan 2011 – 2031 (Local Plan) (adopted 2018) relates to the circumstances where new tourist accommodation will be supported. Criteria 3 and 4 of Policy EC11 relates to Self-Catering accommodation1 and would be applicable to the proposed holiday lodges. However, the proposal would fail to comply with criterion 3 as the proposed self-catering accommodation would not be provided through the conversion of existing buildings nor would the proposal be located within the development boundary. 7. In regard to criterion 4 of Policy EC11, I have no substantive evidence before me to demonstrate that it is essential to locate holiday accommodation on the site in order to sustain the viability of a tourist attraction.

Page 2 · Chunk 3 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision I acknowledge several tourist attractions and leisure opportunities that are available in the Cotswolds area, including the Water Park, Cirencester, Malmesbury, Tetbury, Lechlade, Bibury and Bourton-on-the-Water, and the extensive walking and cycling routes available, including the National Cycle Road which runs along South Cerney Road. However, the proposal would not be associated with a specific tourist attraction. Therefore, there is no policy support for the proposal under Policy EC11, most notably it would fail to comply with criteria 3 and 4. 8. There are some similarities, as the appellant notes, between the previous use for 5 touring caravans and the proposal before me now. They would both provide self-catering accommodation, they are both for intermittent use and not permanent dwellings, both would be subject to occupancy conditions, and both uses would be served by electrical power, water supplies, foul and wastewater drainage, and sustainable surface water drainage. I also recognise that the previous use was an award winning caravan site.

Page 2 · Chunk 4 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision However, unlike the touring caravans, which would have operated through a license granted by the Caravan Club and not through the granting of planning permission, the proposal would represent new build, permanent holiday lodges which require planning permission and assessment against the development plan. Given this notable difference, I am not satisfied that the historic use of the land for the siting of touring caravans would be sufficient to outweigh the clear conflict with the development plan in these circumstances. 9. I acknowledge the ‘year round’ economic benefits associated with the proposal, including the additional business the proposed holiday lodges would bring to local public houses and restaurants, particularly in the quieter months. I recognise that local businesses would benefit from the work associated with the servicing of the lodges in regard to ‘daily cleaning, linen laundry and preparation, together with the maintenance of the site which includes grass cutting and landscaping, lodge maintenance including plumbing, heating and building fabric maintenance’. I also note that paragraph 88 of the National Planning Policy Framework supports a prosperous rural economy.

Page 2 · Chunk 5 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision However, I do not consider that in these circumstances the economic benefits would outweigh the conflict with the development plan outlined above. 1 Paragraph 9.11.5 of the Local Plan confirms that ‘self-catering accommodation’ is taken to include holiday lodges. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/24/3339426

Page 2 · Chunk 6 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision However, I do not consider that in these circumstances the economic benefits would outweigh the conflict with the development plan outlined above. 1 Paragraph 9.11.5 of the Local Plan confirms that ‘self-catering accommodation’ is taken to include holiday lodges. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/24/3339426 10. Therefore, for the reasons given above, the site would not be in a suitable location for the proposed development, having regard to the development strategy for the area. The proposal would conflict with Policy EC11 of the Local Plan which only supports self-catering accommodation in certain circumstances. Other Matters 11. I note that the Council have not alleged any harm to the character and appearance of the area, and I recognise the lack of objection from the statutory consultees including the Drainage Engineer, Natural England, Ecologist, Landscape Officer and Highways Officer. I also acknowledge the additional supporting documentation and survey work that has been undertaken by the appellant in the time the application was being considered. However, these matters do not alter or outweigh the harm I have identified. Conclusion

Page 3 · Chunk 7 Appeal Decision

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Appeal Decision | The development conflicts with the development plan as a whole. There are | | --- | | no material considerations worthy of sufficient weight that would indicate a | | decision otherwise than in accordance with it. The appeal is therefore | | dismissed. |

Page 3 · Chunk 8 Laura Cuthbert

Oakleaze Cirencester Road, South Cerney, CIRENCESTER, GL7 6HT — Cotswold District Council — Laura Cuthbert INSPECTOR https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/24/3339426

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Green belt
Against appellant
¶4

The site is in open countryside outside any identified settlement development limits, and the inspector considered it not a suitable location for the development.

Planning obligations
Against appellant
¶9

The inspector considered the economic benefits of the development, including additional business for local public houses and restaurants, but determined they were outweighed by the conflict with the development plan.

Heritage impact
Against appellant
¶10

The inspector determined the site would not be in a suitable location for the proposed development, having regard to the development strategy for the area.

Policies relied on

Reference Weight
Policy EC11 of the Cotswold District Local Plan 2011 – 2031 (Local Plan)
Determinative

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 5 September 2024 under the Open Government Licence.