Case 3345679

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD

Lancaster City Council — appeal dismissed

Outcome
Dismissed
Decision date
3 January 2025
Authority
Lancaster City Council
Inspector
Francis M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr David Platts
LPA reference
24/00089/FUL
ONS LPA code
E07000121
Jurisdiction
Transferred
Link status
Not Linked
Start date
30 July 2024

Summary AI

The appeal for the proposed development of an agricultural livestock building, silage clamp, and midden on Greenbank Farm was dismissed due to significant visual harm to the character and appearance of the area and failure to conserve and enhance the natural beauty of the Forest of Bowland National Landscape.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision Site visit made on 21 November 2024 by M J Francis BA (Hons) MA MSc MClfA an Inspector appointed by the Secretary of State Decision date: 3 January 2025 Appeal Ref: APP/A2335/W/24/3345679 Greenbank Farm, Hornby Road, Claughton, Lancashire LA2 9JD • 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 David Platts against the decision of Lancaster City Council. • The application Ref is 24/00089/FUL. • The development proposed is erection of an agricultural livestock building, silage clamp and midden. Decision 1. The appeal is dismissed. Preliminary Matters 2. Whilst the appellant had agreed to undertake an air quality assessment and retain the existing hedgerow, the assessment and amended drawing had not been submitted to the Council before the determination of the application. Therefore, the appeal has been determined on the basis of the information submitted with the original application. 3. A revised version of the National Planning Policy Framework (the Framework) was published in December 2024.

Page 1 · Chunk 1 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision However, the principles relevant to this decision remain the same, and it has not been necessary to request observations from the main parties upon any implications of the revised Framework’s publication. Main Issues 4. The main issues are the effect of the proposal on i) the character and appearance of the area, including on the Forest of Bowland National Landscape1; ii) the integrity of designated and European sites; and iii) historic hedgerows. Reasons Character and appearance and effect on National Landscape 5. Greenbank Farm is located adjacent to the A683. The farmstead is sited higher than the road and overlooks the flat river valley floor of the River Lune. Behind the farmstead the land rises steeply. Small trees and bushes, the surviving remnants of hedgerows, are dotted around the fields, with larger trees visible 1 Previously the Forest of Bowland Area of Outstanding Natural Beauty https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/24/3345679 on the skyline at the top of the slope. Adjacent to the proposed buildings, the ground slopes down into a gully with a small stream. 6. The farmstead consists of a small range of buildings, including older, stone buildings, and modern blockwork buildings, sited to the rear and side of the traditional stone farmhouse. Those I saw were used for storing equipment, or had cattle pens containing calves. 7. The site is within the Forest of Bowland National Landscape (NL). National Landscapes are designated for the purposes of conserving and enhancing natural beauty. The NL consists of open moorland and high fells, as well as areas of lower lying landscapes. Section 245 of the Levelling-up and Regeneration Act 2023 places a duty upon me to seek to further the statutory purposes of protected landscapes, in this case the NL, in this decision. The site is described as within an area characterised as undulating lowland farmland with wooded brooks and a patchwork of pasture fields, deeply incised by wooded troughs and gorges. Field boundaries are either stone walls, or in this case, hedgerows. 8.

Page 2 · Chunk 3 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision Policy DM46 of the Lancaster District Local Plan 2011-2031 Part Two2, 2020, (DMDPD), states that the Council attaches great weight to the protection of nationally important designated landscapes. Furthermore, paragraph 189 of the National Planning Policy Framework (the Framework) advises that great weight should be given to conserving the landscape and scenic beauty of National Landscapes. 9. The proposed development would be in a field, where the boundary adjacent to the appeal site is marked by a post and wire fence and the remains of an old hedgerow. It would be reached by an existing access through the farmyard and would be located next to the existing farmstead. 10. The proposal is for two adjoining buildings. The livestock building would provide loose housing for cattle and replace the existing cow shed which does not provide the required space standards and current Red Tractor Assurance Standards, as the farm intends to rear calves between 0 and 36 months, a longer period than currently. The second building would contain a midden and a silage clamp for storing grass to feed cattle on the farm in the winter.

Page 2 · Chunk 4 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision A covered building for this purpose is encouraged by Natural England to reduce water run-off into vulnerable sites and watercourses. Moreover, allowing the grass taken from the farm to be stored and kept dry, reduces losses of the crop and avoids storage in plastic bales. 11. The surrounding land levels constrain the location of buildings, and it is acknowledged if the buildings were reorientated so that the gable elevations were visible from the road, it would require greater excavation into the adjoining hillside. However, the existing farmstead is relatively compact, with the differing roof forms of the farm buildings being low in height and clustered around the farmhouse. Instead, the proposal, despite the materials reflecting the colour of existing buildings, would be linear and homogenous in form, extending the building line and farmstead into the adjoining field. Whilst avoiding the construction of further tracks or hardstanding, and not affecting adjoining residential properties, the proposal would result in elevations stretching for 36.5 metres, encroaching into the designated landscape. 2 Review of the Development Management DPD https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/24/3345679 12. Whilst acknowledging that the proposed height of the buildings is determined by the need for trailers to be tipped at full height to comply with safe working guidance3, the buildings would, nevertheless, be a dominant and intrusive addition into this rural and attractive landscape. Although not originally proposed, the appellant has stated that they would be prepared to do tree planting to screen the buildings from the A683. However, the existing landscape in this location is relatively open in character and trees would take a considerable time to grow to the extent that they would screen the proposed buildings. Notwithstanding this, the buildings would be within an open field and highly visible from the road to the north-west, as well as the footpath which runs alongside it. It would be an intrusive addition to the landscape in this location and visually detrimental to the character and appearance of the area and the NL. 13. I therefore conclude that it would result in significant visual harm to the character and appearance of the area, and it would fail to conserve and enhance the natural beauty of the NL. 14.

Page 3 · Chunk 6 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision It would not accord with Policies EN2 and EN3 of the Lancaster Local Plan 2011-2031 Part One4, 2020 (LADPD) and Policies DM29 and DM46 of the DMDPD. Collectively these policies seek to contribute positively to the character of the area and open countryside, as well as attaching great weight to the protection of nationally important designated landscapes, including the NL5. It would also not accord with Policies CL2 and CL8 of the Caton-with Littledale Neighbourhood Development Plan (2021 to 2031) (CLNP) which seeks to ensure development conserves and enhances the landscape of the AONB6. Designated and European sites 15. The proposed buildings would be used for livestock, and as a midden and silage clamp. However, manure stores and livestock sheds are a major source of ammonia emissions, toxic to vegetation and a major contributor to nitrogen deposition which reduces habitat biodiversity. 16.

Page 3 · Chunk 7 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision The appeal site is within the impact risk zone of several designated sites: Artle Dale Site of Special Scientific Interest (SSSI), Burton Wood SSSI, Bowland Fells SSSI and Special Protection Area (SPA), Calf Hill and Cragg Woods SSSI and Special Area of Conservation (SAC), Morecambe Bay SSSI, SAC, SPA and Ramsar site, and Morecambe Bay and Duddon Estuary SPA. These sites could be sensitive to aerial pollutants resulting from the proposed development. I must therefore have regard to the Conservation of Habitats and Species Regulations 2017 (as amended) (the Regulations), and as advised by Natural England, a Competent Authority must consider the implications of the development on these habitat sites. 17. However, as there is no screening for air quality impacts, it has not been demonstrated that the proposal would not have a detrimental impact on these internationally designated sites. Applying the precautionary principle, and as I have no evidence to suggest otherwise, I can only conclude that the proposal would adversely impact the designated sites, contrary to the Regulations.

Page 3 · Chunk 8 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision 3 Health and Safety Executive 4 Strategic Policies and Land Allocations DPD 5 Previously the Forest of Bowland Area of Outstanding Natural Beauty 6 Now the Forest of Bowland National Landscape https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 9 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision 3 Health and Safety Executive 4 Strategic Policies and Land Allocations DPD 5 Previously the Forest of Bowland Area of Outstanding Natural Beauty 6 Now the Forest of Bowland National Landscape https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/24/3345679 18. It would also not accord with DMDPD Policy DM31 which requires development to not worsen any emissions or air pollutants in areas that could result in a breach of or worsen ecosystems within relevant internationally designated nature conservation sites during both construction and operational phases. Furthermore, it would not accord with DMDPD Policy DM44 and CLNP Policy CL4 which supports the protection and enhancement of biodiversity including development affecting nationally and internationally designated sites. Historic hedgerow 19. The proposal includes the removal of a hedgerow adjacent to the proposed buildings, and a new hedgerow to be planted to the north of it. The hedgerow, which is shown on the 1847 Ordnance Survey map, is, therefore, of historic importance, and contributes to the character of the area. However, no substantive evidence has been provided of the species within the hedgerow and proposals for its future management. On this basis, I conclude that the proposed development would harm the historic hedgerow.

Page 4 · Chunk 11 Appeal Decision

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — Appeal Decision It would not accord with DMDPD Policies DM45 and DM46, LADPD Policies EN2 and EN3 and CLNP Policy CL2 which collectively supports the protection of hedgerows and the protection, conservation and enhancement of designated landscapes and the open countryside. Other Matters 20. The development proposal has been screened7 which identified that it was not likely to have significant effects on the environment and that it is not Environment Impact Assessment (EIA) development. Therefore, this matter does not need to be considered further. 21. The Forest of Bowland is an important agricultural production area, with sheep and beef farming dominating the upland areas. Whilst I am aware that it is a working landscape for those who live there, the construction of the proposed buildings for the farm does not outweigh the harm that I have identified. Conclusion 22. The proposed development conflicts with the development plan when considered as a whole and there are no material considerations, including the Framework, that outweigh the identified harm and warrant a decision other than in accordance with the development plan. 23. For the reasons given above, I conclude that the appeal is dismissed.

Page 4 · Chunk 12 M J Francis

Greenbank Farm Hornby Road, Claughton, LANCASTER, LA2 9JD — Lancaster City Council — M J Francis INSPECTOR 7 Town and Country Planning (Environmental Impact Assessment) Regulations 2017 https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Character and appearance
Against appellant
¶12

The proposed development would be a dominant and intrusive addition to the rural and attractive landscape, stretching for 36.5 metres and encroaching into the designated landscape.

Heritage impact
Against appellant
¶19

The proposed development would harm the historic hedgerow by removing it and planting a new one without providing substantive evidence of the species within the hedgerow and proposals for its future management.

Flood risk
Against appellant
¶16

The proposed development could have a detrimental impact on designated sites due to ammonia emissions and nitrogen deposition, contrary to the Conservation of Habitats and Species Regulations 2017.

Ecology and biodiversity
Against appellant
¶16

The proposed development could have a detrimental impact on designated sites due to ammonia emissions and nitrogen deposition, contrary to the Conservation of Habitats and Species Regulations 2017 and the Lancaster Local Plan 2011-2031 Part One.

Planning obligations
Against appellant
¶20

The development proposal has not adequately addressed the potential impact on designated sites and has not been screened for air quality impacts.

Policies relied on

Reference Weight
EN2 and EN3 of the Lancaster Local Plan 2011-2031 Part One, 2020 (LADPD)
Determinative
DM29 and DM46 of the DMDPD
Determinative
CL2 and CL8 of the Caton-with Littledale Neighbourhood Development Plan (2021 to 2031) (CLNP)
Determinative
DM31 of the DMDPD
Determinative
DM44 of the DMDPD
Determinative
CL4 of the CLNP
Determinative
DM45 and DM46 of the DMDPD
Determinative
EN2 and EN3 of the LADPD
Determinative
CL2 of the CLNP
Determinative

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 3 January 2025 under the Open Government Licence.