The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — by E Pickernell BSc MSC MRTPI an Inspector appointed by the Secretary of State Decision date: 21 January 2025

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — Henn Lane, Upper Seagry SN15 5EX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Nick Good against the decision of Wiltshire Council. • The application Ref is PL/2023/09202. • The application sought planning permission for erection of an agricultural building for livestock and machinery storage and associated track without complying with a condition attached to planning permission Ref PL/2021/08755, dated 19 April 2022.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — Henn Lane, Upper Seagry SN15 5EX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Nick Good against the decision of Wiltshire Council. • The application Ref is PL/2023/09202. • The application sought planning permission for erection of an agricultural building for livestock and machinery storage and associated track without complying with a condition attached to planning permission Ref PL/2021/08755, dated 19 April 2022.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — Henn Lane, Upper Seagry SN15 5EX • The condition in dispute is No 2 which states that: The development hereby permitted shall be carried out in accordance with the following approved plans: dwg no.KCC3042/03 09/21pg (location plan), dwg no.KCC3042/04 09/21pg (cross section of track), dwg no.KCC3042/01 09/21pg (proposed elevations and floor plans) [Received by the Local Planning Authority on the 10th of September 2021] & dwg no.KCC3042/05 03/22ec (proposed visibility splay), KCC3042/02A 03/22ec (revised block plan) [Received by the Local Planning Authority on the 4th of March 2022]. • The reason given for the condition is: For the avoidance of doubt and in the interests of proper planning.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. https://www.gov.uk/planning-inspectorate

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. https://www.gov.uk/planning-inspectorate

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. Appeal Decision APP/Y3940/W/24/3343960 Background and Main Issue 4. The application subject to this appeal is made under Section 73 of the Act for minor material amendments. The appellant seeks to erect a building of a revised but not substantially different design to that approved. The appeal seeks the variation of condition 2 to specify the plans that reflect the amended design. 5. The main issue is the effect of the proposed design amendments on the character and appearance of the area. Reasons 6. The appeal site comprises part of a field, accessed from a well landscaped lane which leads to the heart of the village of Upper Seagry. The field is part of a patchwork of fields, interspersed with scattered buildings, hedges and trees which combine to give this part of the village an attractive rural character. The appeal site therefore contributes positively to the character and appearance of the area. 7. The design amendments have not increased the overall height of the eaves or ridge of the building but have increased the overall footprint of the building by moving the walls to the outer edges of the eaves, omitting the overhanging eaves feature, gable, and an open gated area to one corner.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. The external facing materials primarily comprise green metal sheeting with three roller shutter doors and a pedestrian door. 8. The design changes have resulted in a building which has a larger footprint and volume in comparison with the approved building. However, the increase is relatively modest and does not result in a building which is significantly more prominent in the landscape, given it is under a roof of very similar dimensions. 9. In comparison with the approved design, the proposed building is more boxy as a result of the removal of the overhanging eaves, gable and recessed section. It is also more uniform in terms of colour and material whereas the approved design includes a mix of materials, including timber. 10. However, the general appearance of either the approved or proposed scheme would be a functional, utilitarian building, reflective of its use. I acknowledge that the sheeting material will not soften over time in the way timber would, however it is a material which is commonly used in the countryside and is not unexpected or inappropriate in this location. The amended design is simple, responds well to the agricultural character of the area and is not excessive in scale.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. Whilst it lacks some of the articulation of the approved building, I do not find that this results in a harmful impact upon the character and appearance of the area. 11. At my site visit I noted that there is considerable variety in the existing agricultural and commercial buildings which are present near to the site, in terms of design and materials, including the use of metal sheeting. In this context the proposal would not appear incongruous or at odds with the pattern and form of development in the area. 12. Consequently, I conclude that the proposed design amendments would not result in harm to the character and appearance of the area. The proposal therefore accords with Core Policies 51 and 57 of the Wiltshire Core Strategy (Adopted January 2015) and Policy SNP5 of the Seagry Parish Neighbourhood Plan 2019 – 2036 (Made May 2021) (NP). Together these seek to ensure that development achieves https://www.gov.uk/planning-inspectorate 2

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. Appeal Decision APP/Y3940/W/24/3343960 a high standard of design and responds positively to its context including landscape character. Other Matters 13. The NP identifies at Map 8, a ‘Key Break’ between the core of Upper Seagry and a ‘detached cluster’ to the south. Policy SNP6 of the NP states that infill development should be avoided in the key breaks. However, a building in this location has been approved by the Council. The relatively small increase in the footprint and volume of the building would not result in a significantly different effect in terms of the key break. 14. The appeal relates solely to the variation of condition 2 and it is not within my remit to consider whether the building is justified. Concerns have been expressed in relation to highway safety, however the access arrangements onto the lane are not proposed to significantly change as a result of the proposed amendments. Conditions 15. Planning Practice Guidance (PPG) makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. 16. A condition relating to the commencement of development is not necessary as work has started.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. Condition 1 specifies the approved plans in the interests of certainty. At the time of my site visit the building was substantially complete but it was not clear whether the other elements of the proposal including the laying out and surfacing of the access track had been completed. I have therefore imposed the conditions which relate to the construction phase. 17. The appellant contends that suggested condition 8, which relates to the use of the barn is unnecessary. However, this condition was imposed on the original consent and is not the subject of this appeal. I am mindful that the appeal scheme is the subject of significant local interest and interested parties have not had the opportunity to comment on the removal of this condition. It is open for the appellant to pursue this matter through a separate application. I have therefore restated this condition (condition 7). 18. The remainder of the conditions are not in dispute, and it is not necessary for me to change these beyond minor changes for clarity and consistency. Conclusion 19. For the reasons given above I conclude that the appeal should succeed.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — time of my site visit. I will grant a new planning permission without the disputed condition but substituting with a new condition stating the revised drawings. I have restated those undisputed conditions that are still subsisting and capable of taking effect including condition 7 referred to above.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — E Pickernell INSPECTOR https://www.gov.uk/planning-inspectorate 3

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — E Pickernell INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/Y3940/W/24/3343960 Schedule of Conditions 1. The development hereby permitted shall be carried out in accordance with drawing nos KCC3042-03, KCC3042-02B, KCC3042-01A, KCC3042/05 03/22ec. 2. If within a period of 10 years from 19th April 2022, the agricultural use of the building hereby permitted permanently ceases, the building/structure and resulting demolition materials shall be removed and the site shall, within a period of three months from the date of the substantial demolition of the said building/structure, be restored to its condition before the development took place or to such other condition as may be agreed in writing by the Local Planning Authority. 3. The external surfaces of the development hereby permitted shall be constructed in the materials shown on the approved plans, supporting statement and application form. 4. No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays. 5.

The Mount, Upper Seagry, CHIPPENHAM, SN15 5EX — Wiltshire Council — E Pickernell In the event that contamination is encountered at any time when carrying out the approved development, the Local Planning Authority must be advised of the steps that will be taken by an appropriate contractor to deal with contamination and provide a written remedial statement to be followed by a written verification report that confirms what works have been undertaken to render the development suitable for use. 6. No external lighting shall be installed/erected on site unless details of the lighting scheme/location are submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed. 7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re- enacting or amending that Order with or without modification), the barn shall be used solely for agricultural purposes. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 4