Case 3344690

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR

Wiltshire Council — appeal allowed

Outcome
Allowed
Decision date
27 November 2024
Authority
Wiltshire Council
Inspector
Rogers J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor general industry/storage/warehousing
Appellant
Mr Brendan Smith
LPA reference
PL/2023/10440
ONS LPA code
E06000054
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 July 2024

Summary AI

The appeal is made against a refusal to grant planning permission for 22 storage containers at Greenhill Farm, Codford. The Inspector concluded that the development would not harm the character and appearance of the area or the living conditions of existing nearby occupiers.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — 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: 27 November 2024 Appeal Ref: APP/Y3940/W/24/3344690 Greenhill Farm, Green Lane, Codford, Warminster BA12 0NR • 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 Brendan Smith against the decision of Wiltshire Council. • The application Ref is PL/2023/10440. • The development proposed is 22no storage containers. Decision 1. The appeal is allowed and planning permission is granted for 22no. storage containers at Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR in accordance with the terms of the application, Ref PL/2023/10440, subject to the following conditions: 1) The development hereby permitted shall be carried out in accordance with drawing nos: AK_162_01 Site + Location Plan AK_162_02 Container Detail Preliminary Matters 2. The application form confirms that the development was completed before submission. The Council have assessed the scheme retrospectively. During my site visit I observed that the storage containers were positioned on the appeal site.

Page 1 · Chunk 1 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Therefore, I have determined the appeal scheme retrospectively. 3. I have removed the details that are not development from the description in the banner head and decision above. 4. It has been indicated that a temporary permission would be acceptable to the appellant. However, this is not the basis upon which the Council determined the planning application and no information has been provided regarding the length of time sought for a temporary permission. Consequently, I have considered the development as permanent and determined the appeal accordingly. Main Issues 5. The main issues are the effect of the development on: • the character and appearance of the area, with particular regard to the Cranborne Chase National Landscape (CCNL); and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3344690 • the living conditions of existing occupiers of 8 and 10 Church Acre (No.8 and No.10) in respect to outlook and all properties in Church Acre with respect to noise and light pollution. Reasons Character and appearance 6. The appeal site is located within the CCNL, a nationally important area designated due to its high scenic quality. As a result, I have had regard to the National Planning Policy Framework’s (the Framework) requirement that great weight should be given to conserving and enhancing the natural beauty of the area, reflecting its statutory purpose. Policy 51 of the Wiltshire Core Strategy (WCS) is consistent with this approach, by stipulating that great weight will be afforded to conserving and enhancing landscape and scenic beauty. 7. The significance of the CCNL, as set out in the Cranborne Chase Partnership Management Plan 2019-2024, relates to the dominant chalk downland that transitions sharply to escarpments and terraces, or more gently to valleys and clay vales. The appeal site is located within the Wylve Chalk River Valley landscape type in Codford, a settlement located close to the base of the valley, where the land, including the site, is relatively flat. 8.

Page 2 · Chunk 3 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision The containers are positioned within a larger, triangular shaped site which is currently used for coach parking and an associated wash down area, plus various business units. Existing development adjoins two sides of the larger site, including residential development off Church Acre and dwellings on the opposite side of New Road. The eastern boundary is defined by Green Lane, with open, relatively level, pastures beyond. Therefore, although located in the open countryside for the purposes of the Local Plan, the relationship of the appeal site to other built form and the historical commercial use of the wider site has a significant influence on its character. Further away from the site, the valley slopes more steeply to a wooded hilltop beyond Chitterne Road. 9. The containers have been sited in a u-shape comprising four rows, each with a differing number of containers. They are no taller than the existing structures on the wider site and, in the case of the pitched roofed barn which accommodates the business units, lower than its eaves. When viewed from the public highways in the surrounding area, the containers are experienced as part of the wider site.

Page 2 · Chunk 4 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Given their size, dark green colour which matches the existing structures on the site and flat roofs, they are not intrusive features in close views. 10. Additionally, when viewed from longer distances, including the open countryside away from Codford, the containers are not readily identifiable, either being screened by existing boundary features and development, or against the backdrop of other built form. This backdrop includes the numerous coaches parked on the wider site of various sizes and colours which, as features not commonplace in rural areas, draw the eye. As such, the size, siting and appearance of the containers protect and conserve the CCNL. 11. I conclude that the development would not harm the character and appearance of the area, with particular regard to the CCNL, in accordance with Policy 51 of the WCS which requires development to protect, conserve and where possible enhance landscape character. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3344690 Living conditions 12. A row of nine containers is positioned along the boundary with the gardens of No.8 and No.10. As the garden depth of No.8 is modest, part of this row is sited close to the rear elevation of the dwelling. Nonetheless, although the containers form part of the outlook from the ground floor window and door, and the two first floor windows, views are not obstructed or unacceptably restricted. 13. Given No.10 is orientated towards Green Lane, its side elevation faces the containers. With a single, medium sized window serving a second-floor room in the gable end, the outlook experienced by existing occupants of No.10 is not restricted by the containers, despite their proximity. 14. Their dark green colour, linear alignment and vertical lines created by the corrugated effect of the back panels, provide a degree of uniformity to the industrial character of the containers. Their appearance is not dissimilar to a close boarded fence typically found within a residential environment. Therefore, whilst taller than the existing boundary fencing, they would not have an overbearing effect on the existing occupants of No.8 and No.10 when using their gardens.

Page 3 · Chunk 6 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Consequently, I see no reason to conclude planting along this boundary is necessary. 15. The Council and interested parties have raised concerns regarding the noise and light pollution that results from the use of the containers for storage. Noise would be generated by vehicles being driven, doors open and closed, people talking, vehicle alarms, opening and closing the container doors and loading or unloading items to store. Such noise would be unlikely to be distinguishable from coaches being manoeuvred or cleaned with power washing equipment during the working hours of the wider active commercial site. Even if customers were to access their container outside working hours, any noise is likely to be short lived. 16. Notwithstanding this, no substantive evidence has been provided to demonstrate noise levels will exceed those associated with usual comings and goings of a typical residential environment. In addition, given the nature of a self-storage business is to provide a facility to store items primarily on a temporary basis, customers would, in all probability, access their rented container infrequently. 17.

Page 3 · Chunk 7 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Any light pollution resulting from customers accessing their containers would be similarly short lived and limited to vehicle headlights and the use of torches during hours of darkness. Approval for lighting is not sought as part of the planning application and, at the time of my site visit, no lighting was installed on or near the containers. Moreover, I observed existing lighting on the wider site to be limited to security lights on the business unit building. As a result, I have no compelling reason before me to conclude that any light pollution as a result of the development would be detrimental to those living in Church Acre. 18. I conclude that the development does not harm the living conditions of occupants of No.8 and No.10, with particular regard to outlook, or the occupants of all properties in Church Acre with respect to noise and light pollution. It therefore accords with Policy 57 of the WCS which requires development to achieve a high quality of design through having regard to the https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3344690 compatibility of adjoining uses, including the impact on the amenities (living conditions) of existing occupants, amongst other provisions. Other Matters 19. The evidence before me indicates that there has been a commercial/industrial use of the wider site for several decades. The wider site also benefits from planning permissions1 for a new vehicle repair workshop, coach maintenance and parking area, and business units. At the time of my site visit this development had commenced but was not complete nor were any of the buildings occupied. 20. My attention has been drawn to the Landscaping Plan/Scheme2 approved as part of the above development. This scheme includes a paddock and additional planting on land which is currently occupied by the containers. 21. I am mindful that, in allowing this appeal, more than one planning permission would exist on the same plot of land. However, there is nothing that prevents this approach and it would be for the appellant to decide which permission to implement. Conflict between these overlapping permissions would only exist where one development prevents the implementation of the other.

Page 4 · Chunk 9 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Whether the appellant implements all the elements of the approved scheme, including the business units building, is not a matter for this decision. 22. In this case, the implementation of the soft landscaping is, as required by condition 11 of the varied permission, is to be carried out in the first planting and seeding season following the first occupation of the approved buildings or the completion of the development, whichever is sooner. Neither of these points in time have been reached. Notwithstanding this, whether this, or any other condition imposed on the approved permissions have been breached is not a matter for this decision. 23. Whether or not the wider site area has been neglected or mismanaged, is not a matter for this decision. Given the number of containers in the scheme, I have no reason to conclude that vehicle movements would result in a significant increase in traffic, nor that it would have a detrimental impact on the safety of users of Green Lane. Conditions 24. As the containers are already in place, there is no need for me to impose the standard time limit condition.

Page 4 · Chunk 10 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision A condition which lists the approved plans has been imposed for the avoidance of doubt and in the interests of clarity, character and appearance, and the living conditions of neighbouring occupiers. 25. As the colour and size of the containers is shown on the Container Detail plan, it is no necessary for me to impose separate conditions regarding these details. 26. As I have concluded that the development would not harm the character and appearance of the area or the living conditions of existing nearby occupiers, it is not necessary for me to consider whether a condition requiring the containers to be removed after a specific timescale would be appropriate. Similarly, given my conclusions on the noise and light from customers coming 1 Ref: 15/09456/FUL and subsequent variation Ref: 18/11919/VAR 2 Drawing Ref: 18/11919/VAR https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 11 Appeal Decision

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3344690 and going, it has not been demonstrated that a condition limiting the hours containers can be accessed is necessary. Conclusion 27. For the reasons given above the appeal should be allowed.

Page 5 · Chunk 12 Juliet Rogers

Greenhill Farm, Green Lane, Codford, Warminster, BA12 0NR — Wiltshire Council — Juliet Rogers INSPECTOR https://www.gov.uk/planning-inspectorate 5

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

Main issues and findings

Character and appearance
Against appellant
¶6

The development would not harm the character and appearance of the area, with particular regard to the CCNL, in accordance with Policy 51 of the WCS.

Living conditions
Against appellant
¶12

The containers would not obstruct or unacceptably restrict views from the ground floor window and door, and the two first floor windows of No.8, and the outlook experienced by existing occupants of No.10 is not restricted by the containers.

Living conditions
Against appellant
¶18

The development does not harm the living conditions of occupants of No.8 and No.10, with particular regard to outlook, or the occupants of all properties in Church Acre with respect to noise and light pollution.

Policies relied on

Reference Weight
Policy 51 of the WCS
Determinative
Policy 57 of the WCS
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 27 November 2024 under the Open Government Licence.