Case 3345999

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET

Stratford-on-Avon District Council — appeal dismissed

Outcome
Dismissed
Decision date
28 January 2025
Authority
Stratford-on-Avon District Council
Inspector
Marriott H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Ms J Dooler
LPA reference
24/00094/FUL
ONS LPA code
E07000221
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 July 2024

Summary AI

The appeal for a garage and change of use to garden at Middle Hunscote Farm was dismissed due to the potential harm to the rural character and appearance of the area. The proposed development would extend the domestic curtilage and introduce a large, suburban-style garage that would detract from the agrarian buildings typical of the surrounding area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision Site visit made on 2 December 2024 by H Marriott MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 28 January 2025 Appeal Ref: APP/J3720/W/24/3345999 Middle Hunscote Farm, Charlecote, Warwickshire CV35 9ET • 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 Ms J Dooler against the decision of Stratford-on-Avon District Council. • The application Ref is 24/00094/FUL. • The development proposed is full planning application for the relocation of the consented garage and change of use of land to garden. Decision 1. The appeal is dismissed. Preliminary Matters 2. A separate householder planning application for improvement of the farmhouse and the erection of a detached garage was approved by the Council in 2023 (Council ref: 23/00814/FUL) (original 2023 permission) and relates to land immediately adjacent to the appeal site. Although the main parties have confirmed that this permission has been partly implemented and remains extant, the garage had not been constructed at the time of my site visit. 3.

Page 1 · Chunk 1 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision I also saw during my site visit that the external walls of the garage building subject of the appeal proposal, has commenced construction with the exception of the installation of windows, doors and roof. I have considered the appeal based on the plans before me. 4. A revised National Planning Policy Framework (the Framework) was published on 12 December 2024. In this instance, the issues most relevant to the appeal remain unaffected by the revisions to the Framework. I am therefore satisfied that there is no requirement to seek further submissions on the revised Framework, and that no party would be disadvantaged by this. Main Issue 5. The main issue is whether the proposed change of use of land to garden and the erection of a garage would be suitably located and the effect on the character and appearance of the countryside. Reasons 6. The wider area is characterised by large arable fields with mature verdant boundaries broken up by small pockets of development including various rural farmsteads and isolated dwellings. Middle Hunscote Farm comprises an isolated complex of farm buildings accessed via a long narrow track off Stratford Road https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/24/3345999 which assimilates into the wider rural setting. Agricultural buildings associated with the wider farm, including barns which received planning permission for conversion to residential use (Council ref: 21/00163/FUL) are located adjacent to the appeal site. 7. The appeal site relates to the large dwelling at Middle Hunscote Farm and land adjacent to it, located to its side and front. It is set back a considerable distance from the main road, along an access track defined by hedgerow on both sides. Even though the house has been significantly altered and extended, the spacious and verdant qualities of the surrounding undeveloped land, including land within the appeal site, contributes to the rural character and appearance of the locality. 8. The strategic objective of Policy AS.10 of the Stratford-on-Avon District Core Strategy 2011-2031 (2016) (CS) is to maintain and enhance the rural character of the area and requires all proposals to meet a number of criterion. Most pertinent to the appeal proposal, this policy includes the need to minimise the impact on the character of the local landscape and to avoid the loss of large areas of high-quality agricultural land.

Page 2 · Chunk 3 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision The appeal proposal does not fall within any of the types of development listed as being acceptable in principle under this policy. However, this list is not exhaustive and the policy further states that all other types of development will need to be fully justified, offer significant benefits to the local area and not be contrary to the overall development strategy. 9. The proposed change of use to garden area would represent a significant increase in size over and above the size of the existing garden serving the dwelling. Whilst it would be located on the inside of a hedgerow that functionally separates the appeal site from the agricultural fields beyond, it is physically separated from the dwelling by the existing driveway and visually assists with the transition between the agricultural fields and the dwelling. The domestication of this land including any associated paraphernalia would result in a suburbanising impact on the rural landscape. In the absence of a lawful development certificate, whether or not the appeal site is already in lawful use as garden has had no bearing on my decision which is based on the proposal before me for the change of use of the appeal site to garden. 10.

Page 2 · Chunk 4 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision The garage comprises four-bays with rooms at first-floor level. Its height and massing combined with features such as the dormer windows would have an overly suburban appearance not reflective of the agrarian buildings more typical in the surrounding area. Views would partly be set against the backdrop of higher buildings within the existing farm complex. Even so, the large size of the garage would be appreciable along the access roads on entry into the appeal site and the wider Middle Hunscote farm complex. Even with landscaping, a domestic building of the scale proposed would have an urbanising effect that would project beyond the core shape of the farm complex to the detriment of the rural setting of the appeal site, resulting in significant harm to the character and appearance of the countryside. 11. The appellant suggests that the appeal garage would be more suitably located than the garage approved by the original 2023 permission in terms of its connectivity to the main dwelling. Whilst this would no doubt be more convenient for the appellant, this benefit would not be sufficient to outweigh the harm to the character and appearance of the wider area through the https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/24/3345999 extension of the domestic curtilage and construction of a garage within the open countryside. Moreover, there would be no significant benefits to the local area resulting from the appeal proposal. 12. I conclude that the proposed change of use of land to garden and the erection of a garage would not be suitably located and would result in a harmful effect on the character and appearance of the countryside. In this regard, it would be contrary to Policies AS.10, CS.5 and CS.9 of the CS which require the need for development to be justified and to offer significant benefits to the local area, to maintain landscape character and to reflect the character and distinctiveness of the locality. Other Matters 13. The design, size and materials of the appeal garage would be similar to the garage approved in the original 2023 permission (‘the fallback scheme’). The appellant has confirmed that they propose to construct the appeal garage instead of the fallback scheme.

Page 3 · Chunk 6 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision Even though the fallback scheme remains a realistic fall-back position, and a condition could be imposed to ensure both buildings cannot built, the associated change of use of the land associated with the appeal garage would have a greater harmful effect on the character and appearance of the countryside compared to the extant scheme. As a consequence, this is not a matter that weighs in favour of the appeal proposal. 14. The appellant has submitted a Great Crested Newt Survey (April 2024) (GCN Survey) with the appeal. The GCN Survey appears to have been undertaken in relation to a scheme for an unrelated development on the wider Middle Hunscote Farm site. Whilst the appellant indicates the appeal proposal would be less harmful to GCN’s than the extant garage in the original 2023 permission, a survey specific to the appeal proposal has not been provided to confirm this. It has not been demonstrated that there are any benefits to protected species arising from the appeal proposal and therefore, this is not a matter that weighs in favour of the appeal proposal either. 15. The Grade II Listed Upper Hunscote Farmhouse is located over 500 metres to the east of the application site.

Page 3 · Chunk 7 Appeal Decision

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — Appeal Decision In considering whether to grant planning permission, I have been mindful of my statutory duty under Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) to have special regard to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses. The Council refer to the potential for the proposal to impact on this heritage asset in their report but this is not a matter in dispute. Having considered the separation distance and relationship between the appeal site and this asset, I am satisfied that no harm to significance would arise. Conclusion 16. The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. For the reasons given above the appeal should be dismissed.

Page 3 · Chunk 8 H Marriott

Middle Hunscote Farm, Stratford Road, Charlecote, WARWICK, CV35 9ET — Stratford-on-Avon District Council — H Marriott INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶10

The large size and massing of the garage would have an overly suburban appearance, projecting beyond the core shape of the farm complex and detracting from the rural setting.

Living conditions
Against appellant
¶9

The domestication of the land would result in a suburbanising impact on the rural landscape, with the proposed change of use to garden area representing a significant increase in size and contributing to the loss of large areas of high-quality agricultural land.

Heritage impact
Neutral
¶15

The proposal would not harm the Grade II Listed Upper Hunscote Farmhouse, as it is located over 500 meters away and there would be no impact on its setting or features of special architectural or historic interest.

Other
Against appellant

The appeal proposal would not offer significant benefits to the local area and would be contrary to policies AS.10, CS.5, and CS.9, which require development to be justified and to offer significant benefits to the local area, to maintain landscape character, and to reflect the character and distinctiveness of the locality.

Policies relied on

Reference Weight
AS.10
Determinative
CS.5
Determinative
CS.9
Determinative

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 28 January 2025 under the Open Government Licence.