Case 3344504

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS

Somerset Council — appeal dismissed

Outcome
Dismissed
Decision date
27 January 2025
Authority
Somerset Council
Inspector
Hunter A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Major dwellings
Appellant
Mr. Garry Baird
LPA reference
53/22/00017
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 July 2024

Summary AI

The appeal for outline planning permission for 21 dwellings on the site of existing industrial buildings was dismissed due to several reasons, including the site's location, lack of accessibility, and potential harm to the living conditions of future residents. The inspector also found that the proposed development would not provide a suitable location for residential development and would be contrary to several policies in the Sedgemoor Local Plan and the National Planning Policy Framework.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Site visit made on 12 December 2024 by Adrian Hunter BA(Hons) BTP MRTPI an Inspector appointed by the Secretary of State Decision date: 27 January 2025 Appeal Ref: APP/E3335/W/24/3344504 Springway Industrial Estate, Langport Road, Westonzoyland, Somerset TA7 0JS • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr Garry Baird against the decision of Somerset Council. • The application Ref 53/22/00017, dated 20 October 2022, was refused by notice dated 1 December 2023. • The development proposed is outline planning permission, with some matters reserved, for the erection of 21 dwellings, on site of existing industrial buildings (to be demolished) and formation of access. Decision 1. The appeal is dismissed. Preliminary Matters 2. The planning application is submitted in outline with all detailed matters, except for access, reserved for a subsequent reserved matters application. An indicative layout (drawing OP02) accompanies the outline planning application. I have taken this into account in so far as establishing whether or not it would be possible, in principle, to erect 21 dwellings on the site. 3.

Page 1 · Chunk 1 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision For reasons of precision and clarity, I have taken the description of development from the Council’s Decision Notice. 4. A revised National Planning Policy Framework (the Framework) was published during the consideration of this appeal on 12 December 2024. The references in my decision to the paragraphs in the Framework relate to this new document. Main Issues 5. The main issues in this appeal are: • Whether the appeal site would provide a suitable location for housing, having regard to the proximity of services, the character and appearance of the area and the suitability of the highway network; • Whether the proposed development makes adequate provision for the treatment of surface water; • The effect of the adjoining land uses upon the living conditions of future residents; and • The effect of the proposed development upon users of the highway. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/24/3344504 Reasons Suitability of location 6. The appeal site lies within the open countryside and is currently in employment use. Large parts of the site are hard surfaced, with areas used for open storage of materials, along with a number of relatively low-rise buildings. 7. Policy T3a of the Sedgemoor Local Plan (SLP) supports residential development where it is outside, but well related to the settlement boundary. Policy CO3 of the SLP supports the redevelopment of existing brownfield sites outside of settlement boundaries but requires sites to be well located to an existing settlement, have appropriate access and promote sustainable means of travel. It also requires applications to demonstrate that any existing employment use is no longer viable or is not suitable for the location. Policy D16 supports the re-use of employment sites for non-employment uses, where it can be demonstrated that employment uses are no longer viable. Policy D2 requires new development to deliver high quality, inclusive design and to be responsive to and reinforce local context and character. 8.

Page 2 · Chunk 3 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision The site is located in a rural location and is positioned some distance from the nearest settlements, Westonzoyland to the north-west and Middlezoy to the south-east. It is separated from these settlements by open, undeveloped fields. I therefore consider the appeal site to be within an isolated location and not well located in relation to the surrounding settlement boundaries. 9. The closest services and facilities are located within Westonzoyland. Access to these facilities would be along Springway Lane, which is shared with the neighbouring waste transfer stations and then along Langport Road. There are no pavements along either Springway Lane or Langport Road and neither of these routes are lit. As a consequence, I do not consider that it would make an attractive route for alternative modes of transport, such as walking or cycling. I therefore find that the characteristics of the location to be one that would fail to encourage future residents to use alternative modes of transport or be in a location where alternative modes are a realistic choice. 10.

Page 2 · Chunk 4 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision The appellant has highlighted the presence of a number of public footpaths which provide access to Westonzoyland, however none of these are located in close proximity to the appeal site. As such, I do not consider that their presence would provide a realistic option for residents, in particular those who may be vulnerable, to access local services and facilities. 11. Overall, I do not consider the site to be in a suitable location in terms of accessibility and it is therefore likely that future residents would rely heavily upon private vehicles to access local services and facilities. As such the proposed development would fail to promote sustainable means of travel. 12. In relation to the existing businesses and uses on site, there is no evidence before me to suggest that they are no longer viable or that the location is no longer suitable for their needs. 13. In comparison to the existing development on the site, which is relatively low key, with large parts being open and undeveloped, the proposed development would introduce a substantial amount of new built development into the countryside.

Page 2 · Chunk 5 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Moreover, the proposed development would introduce residential activity, and this, along with the addition of associated residential https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Moreover, the proposed development would introduce residential activity, and this, along with the addition of associated residential https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/24/3344504 paraphernalia, would further detract from the countryside. As a consequence, the proposed development would appear as a substantial urban feature which, notwithstanding the current use of the appeal site, would represent a substantial, incongruous form of development, in an isolated location, harmful to the countryside. 14. For the above reasons I therefore conclude that the proposed development does not provide a suitable location for residential development, and in this respect would be contrary to Policies TA3a, CO1, CO2, D2 and D16 of the SLP and the National Planning Policy Framework (the Framework). Surface water 15. Policy D1 of the SLP seeks to ensure that surface water run off generated from developments is adequately assessed and does not result in a detrimental impact on the wider area and existing water courses. 16. No details to demonstrate how surface water would be managed to ensure the provision of adequate drainage on the site, or to ensure that the proposed development would not increase the risk of flooding elsewhere have been submitted. Whilst the appeal scheme is submitted in outline, I consider that surface water and flooding to be a matter of principle.

Page 3 · Chunk 8 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Without these details it is not possible to conclude that the proposed development accords with Policy D1. 17. For the above reasons, I therefore conclude that the proposed development fails to demonstrate that surface water can be adequately managed and, in this respect, is contrary to Policy D1 of the SLP and the Framework. Living conditions of future residents 18. Immediately to the south of the appeal site are located a number of waste transfer stations. It is likely that the operation of these could potentially generate noise, odour, dust and fumes, which have the potential to effect the living conditions of future residents of the proposed development. No evidence is before me to enable me to conclude that such impacts would not arise, or to demonstrate that if they do, they could be adequately mitigated to protect the living conditions of future residents. 19. As a consequence, without any evidence to the contrary and taking a precautionary approach, I am unable to conclude that the adjoining land uses would not give rise to adverse effects upon the living conditions of future residents of the proposed development.

Page 3 · Chunk 9 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision In this respect, the proposed development would be contrary to Policies D2 and D25 of the SLP and the Framework. Amongst other things, these policies require new development to deliver buildings that are enjoyable to use and that consideration is given to, amongst other things, noise/disturbance, odour, fumes, vibration and living conditions of future occupants. Highways 20. In relation to safe access, from the evidence before me, the appellant considers that the proposed development would generate a similar level of trips during peak hour to the existing use, but overall, on a daily basis it would be less. The Highway Authority disagree and are of the view that the proposed development https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 10 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision In this respect, the proposed development would be contrary to Policies D2 and D25 of the SLP and the Framework. Amongst other things, these policies require new development to deliver buildings that are enjoyable to use and that consideration is given to, amongst other things, noise/disturbance, odour, fumes, vibration and living conditions of future occupants. Highways 20. In relation to safe access, from the evidence before me, the appellant considers that the proposed development would generate a similar level of trips during peak hour to the existing use, but overall, on a daily basis it would be less. The Highway Authority disagree and are of the view that the proposed development https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 11 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/24/3344504 would be likely to generate additional traffic movements, principally due to its rural location. 21. Given my findings in relation to the first issue and my overall conclusion that the site is in an isolated location, with very limited attractive transport alternatives to the use of the private car, I agree with the Highway Authority that the proposed development is likely to generate considerably more traffic movements than those suggested by the appellant. Furthermore, no evidence is before me to demonstrate that sufficient safe access, including the requisite visibility splays at either the junction of Springway Lane and the appeal site or the junction of Springway Lane and Langport Road can be provided to meet the Council’s required standards. 22. At the time of my visit both routes were busy, with Springway Lane being used by a number of HGVs to access the adjoining waste transfer stations. As a result, due to the lack of pavement or pedestrian facilities provided along either Springway Lane or Langport Road, I consider that the proposed development would result in an unacceptable conflict between pedestrians and vehicles using the surrounding road network.

Page 4 · Chunk 12 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision The appellant has suggested that this matter could be addressed by a planning condition. However, in this respect, given the importance placed on ensuring development delivers adequate highway safety in both the development plan and the Framework, I consider the matter to be of such importance that it cannot reasonably be addressed through the imposition of a planning condition. 23. On the basis of the above and taking a precautionary approach, I consider that the proposed development would have an unacceptable impact on highway safety and, in this respect, would be contrary to Policy D14 of the SLP and the Framework. Amongst other things, these policies seek to manage the transport impacts of development. Other Matters 24. The appellant has submitted that all the proposed new dwellings would be affordable homes and, in this respect, would make a contribution towards meeting the identified housing need in the area. Whilst this would be a benefit of the proposed development, there are no details or any mechanism before me to secure the development as affordable. In any event, I do not consider that the provision of affordable homes to be of such a benefit as to outweigh the substantial harm I have found. 25.

Page 4 · Chunk 13 Appeal Decision

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Appeal Decision The appellant has also referred to the updated Framework and the reference within it to grey belt land. The Framework clearly identifies that grey belt land refers to previously developed land within the Green Belt. Therefore, whilst the appeal site may be previously developed land, as it does not lie within the Green Belt, any reference to grey belt land is not relevant to this case. Conclusion 26. For the above reasons, I conclude that the appeal should be dismissed.

Page 4 · Chunk 14 Adrian Hunter

Springway Industrial Estate, Langport Road, Westonzoyland, Bridgwater, TA7 0JS — Somerset Council — Adrian Hunter INSPECTOR https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Other
Against appellant
¶8

The site is located in a rural location, and the closest services and facilities are located within Westonzoyland. Access to these facilities would be along Springway Lane, which is shared with the neighbouring waste transfer stations and then along Langport Road. There are no pavements along either Springway Lane or Langport Road, and neither of these routes are lit. This makes it unlikely that future residents would use alternative modes of transport, and would instead rely heavily on private vehicles.

Other
Against appellant
¶17

No details have been submitted to demonstrate how surface water would be managed to ensure the provision of adequate drainage on the site, or to ensure that the proposed development would not increase the risk of flooding elsewhere. This makes it impossible to conclude that the proposed development accords with Policy D1 of the SLP and the Framework.

Other
Against appellant
¶19

The adjoining land uses, including waste transfer stations, could potentially generate noise, odour, dust and fumes, which have the potential to effect the living conditions of future residents of the proposed development. No evidence is before me to enable me to conclude that such impacts would not arise, or to demonstrate that if they do, they could be adequately mitigated to protect the living conditions of future residents.

Other
Against appellant
¶23

The proposed development would result in an unacceptable conflict between pedestrians and vehicles using the surrounding road network. The appellant has suggested that this matter could be addressed by a planning condition, but I consider the matter to be of such importance that it cannot reasonably be addressed through the imposition of a planning condition.

Policies relied on

Reference Weight
Policy T3a of the Sedgemoor Local Plan
Limited
Policy CO1 of the Sedgemoor Local Plan
Limited
Policy CO2 of the Sedgemoor Local Plan
Limited
Policy D2 of the Sedgemoor Local Plan
Limited
Policy D16 of the Sedgemoor Local Plan
Limited
Policy D1 of the Sedgemoor Local Plan
Limited
Policy D14 of the Sedgemoor Local Plan
Limited
The National Planning Policy Framework
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 27 January 2025 under the Open Government Licence.