Case 3342939

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ

South Gloucestershire Council — appeal allowed

Outcome
Allowed
Decision date
25 November 2024
Authority
South Gloucestershire Council
Inspector
Robinson N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr and Mrs Caroline and Gerry Leflaive
LPA reference
P23/02851/PIP
ONS LPA code
E06000025
Jurisdiction
Transferred
Link status
Not Linked
Start date
29 May 2024

Summary AI

The appeal was allowed due to the site's suitability for residential development, having regard to its location, proposed land use, and amount of development. The site is well-located, accessible to basic local amenities, and has a range of travel options available to its occupants.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — Appeal Decision Site visit made on 19 November 2024 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date:25 November 2024 Appeal Ref: APP/P0119/W/24/3342939 Land adjacent to Dalarna, Tanhouse Lane, Engine Common, Yate BS37 7PZ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Caroline and Gerry Leflaive against the decision of South Gloucestershire Council. • The application Ref is P23/02851/PIP. • The development proposed is Stage 1 permission in principle application for development of 4no dwellings and associated works. Decision 1. The appeal is allowed and permission in principle is granted for development of 4no dwellings and associated works at land adjacent to Dalarna, Tanhouse Lane, Engine Common, Yate BS37 7PZ in accordance with the terms of the application, Ref P23/02851/PIP. Preliminary Matters 2. The proposal is for permission in principle. Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing-led development.

Page 1 · Chunk 1 Appeal Decision

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — Appeal Decision The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) (PiP) establishes whether a site is suitable in-principle, and the second (technical details consent) (TDC) stage is when the detailed development proposals are assessed. This appeal relates to the first of these 2 stages. 3. The scope of the considerations for PiP is limited to location, land use and amount of development1. All other matters are considered as part of a subsequent TDC application if PiP is granted. The application was supported by a plan showing an indicative site layout which I have treated as being for illustrative purposes only. 4. The Council has confirmed that the first reason for refusal relating to the rural location of the development was included in error. Based on the Council’s Statement of Case I have no reason to take an alternative view. This matter does not therefore form one of the main issues. 1 PPG Paragraph: 012 Reference ID: 58-012-20180615 https://www.gov.uk/planning-inspectorate - Appeal Decision APP/P0119/W/24/3342939

Page 2 · Chunk 2 Appeal Decision

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — Appeal Decision Main Issues 5. The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and amount of development. Reasons Location 6. The site is situated outside of the settlement boundary of Engine Common. Nonetheless, the site’s location is physically well-related to this settlement and benefits from accessibility to some basic local amenities within a convenient distance from the site, with further facilities and services in nearby Yate. Whilst routes to nearby settlements would include unlit single-track lanes with no pedestrian facilities, traffic levels along these routes appear to be relatively low and I have no particular evidence that they would be unsuitable for journeys on foot or by cycle. Indeed, Tanhouse Lane forms part of the Avon cycleway and would appear to be suited to journeys by cycle. Furthermore, the distances involved do not preclude some of these journeys being undertaken on foot or by cycle. 7. In light of the above, future occupants of the dwellings would not necessarily be reliant on private motor vehicles which are the least sustainable form of transport.

Page 2 · Chunk 3 Appeal Decision

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — Appeal Decision The proposal would be small scale and would not generate significant additional demand for travel and there is no evidence that the development would result in conflict with other road users. Land use and amount 8. As a proposal for housing which would be located adjacent to another residential property, there is little reason in principle to anticipate a conflict in land uses. The site is big enough to accommodate 4 dwellings of a size commensurate with those nearby. Therefore, I find the proposed use and amount acceptable. Conclusions on site suitability 9. The site is well located in relation to services and facilities. Therefore, the site would be suitable for the residential development proposed having regard to the location, land use and amount.

Page 2 · Chunk 4 Appeal Decision

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — Appeal Decision It would comply with South Gloucestershire Local Plan: Core Strategy (2013) (SGCS) Policy CS8 and South Gloucestershire Local Plan: Policies, Sites and Places Plan (2017)(LP) Policy PSP11 which seek to ensure that residential development is located on safe, useable walking and, or cycling routes, that are an appropriate distance to key services and facilities and that priority be given to providing the users of new development with a range of travel options other than the private car. I find no conflict with the wider aims of SGCS Policy CS5 insofar as they seek to achieve a sustainable dispersal of development throughout the district and reduce the need to travel and commute. Moreover, it would accord with the Framework, being accessible to a genuine choice of modes of transport. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/P0119/W/24/3342939

Page 3 · Chunk 5 Appeal Decision

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — Appeal Decision Other Matters 10. Details of matters including drainage would need to be considered and approved at TDC stage. However, I have been presented with no evidence which would lead me to conclude that acceptable arrangements could not be implemented. Conditions 11. The PPG makes it clear that it is not possible for conditions to be attached to a grant of PiP, whose terms may only include the site location, the type and amount of development. Conclusion 12. For the reasons set out above, I conclude that the appeal should be allowed.

Page 3 · Chunk 6 N Robinson

Land adjacent to Dalarna, Tanhouse Lane, Yate BS37 7PZ, BS37 7PZ — South Gloucestershire Council — N Robinson INSPECTOR https://www.gov.uk/planning-inspectorate - Appeal Decision APP/P0119/W/24/3342939

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

Main issues and findings

Living conditions
For appellant
¶9

The site's location is physically well-related to Engine Common, and it benefits from accessibility to local amenities and services within a convenient distance. The proposal would not generate significant additional demand for travel, and there is no evidence that it would result in conflict with other road users.

Living conditions
For appellant
¶8

The site is big enough to accommodate 4 dwellings of a size commensurate with those nearby. Therefore, there is little reason in principle to anticipate a conflict in land uses.

Living conditions
For appellant
¶7

Future occupants of the dwellings would not necessarily be reliant on private motor vehicles, which are the least sustainable form of transport. Tanhouse Lane forms part of the Avon cycleway, and would appear to be suited to journeys by cycle.

Policies relied on

Reference Weight
SGCS Policy CS8
Determinative
LP Policy PSP11
Determinative
SGCS Policy CS5
Moderate

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 25 November 2024 under the Open Government Licence.