Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Site visit made on 24 December 2024 by B Astley-Serougi BA(Hons) LLM MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 4 April 2025 Appeal Ref: APP/H0520/W/24/3346354 Former Dairy Site, High Street, Fenstanton, Cambridgeshire PE28 9BR • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr Darren Perry of Morris Homes against Huntingdonshire District Council. • The application Ref is 23/00346/FUL. • The development proposed is the erection of 7 no. new dwellings with associated garages and parking, on land to the south of Crest Drive, Fenstanton. The proposed development will comprise of 3 and 4 bedroom homes, 5 no. of which will be detached, and 2 no. semi-detached. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal relates to an application for planning permission which was not determined by the Council within the prescribed period. I note that the Council would have refused planning permission should it have made a decision on the proposal.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision I have had regard to the parties’ submissions in establishing the main issues which I set out below. 3. The revised National Planning Policy Framework (the Framework) was published in December 2024. The parties have been provided with the opportunity to comment on the implications of the revisions to their cases. I have taken account of the revised Framework, and any comments made, in my determination of the appeal as necessary. 4. There is no substantial evidence before me to demonstrate that Huntingdonshire’s Local Plan to 2036 (HLP) is out of date. I have therefore determined the appeal before me on the policies referenced in the Council’s decision notice. 5. A Section 106 agreement was submitted during the appeal process. The parties have been provided with the opportunity to comment and I have taken into account any comments made, in my determination of the appeal as necessary. Main Issues 6. The main issues are: • the effect of the proposed development on the character and appearance of the surrounding area arising from the loss of open space. https://www.gov.uk/planning-inspectorate

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Appeal Decision APP/H0520/W/24/3346354 • whether the proposal makes adequate provision for any additional need for affordable housing or open space arising from the development. Reasons Loss of open space including character and appearance 7. The appeal site is located on a wider parcel of land which was once part of the Dairy Crest factory. It mainly consists of grass with a number of young trees and bushes close to the fence boundary. It is currently used as open space for the dwellings which were constructed as part of a previous hybrid planning application1 and results in an open character along Crest Drive. The application separated the 88 dwellings, provision of public open space and associated works (a full planning application) from the provision of 660m2 of commercial and 279m2 of community spaces, the latter of which was subject to an outline application (all matters reserved except access). 8. Whilst the full element of the application was implemented and completed, there were no reserved matters applications within the prescribed time limit. However, a recent application2 has been granted for a single storey village hall which will be located on the land originally earmarked for community use. 9.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Furthermore, there has also been a variation of conditions application3 which amongst other things, granted permission for the omission of the dry pond from the public open space and to replace it with underground cellular storage crates. A deed of variation dated 16th May 2019 was completed alongside the variation of conditions application and did not revise or include a new definition of the green space. The approved layout drawing of the variation of conditions permission4 illustrates the appeal site to encompass both land designated for employment land (indicatively highlighted on the plan as a two-storey commercial floor space and car park) as well as open space when compared against the Green Space Plan5 in the original application6. 10. The appellant considers that the original Section 106 agreement was inherently flawed and could not have delivered the development in the granted planning permission description. Moreover, that the Council in its approval of the variation of condition application accepted its implications for the provision of open space.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision However, given that the aforementioned car park was indicative only and the commercial element was approved only in outline form with appearance, scale, layout and landscaping as reserved matters, it follows that the appeal scheme would encroach upon open space as per the Green Space Plan7 approved in the original application8. 11. The approved open space in the hybrid application measured approximately 3500m2. The Officer report for the variation of conditions application stated that the replacement of the dry pond would result in a usable green space capable of 1 Planning Application Ref: 16/01206/FUL 2 Planning Application Ref: 23/01725/FUL 3 Planning Application Ref:18/00310/S73 4 Drawing No: E977/P/PL01 Rev X 5 Drawing No: Plan 2 Green Space 6 Planning Application Ref: 16/01206/FUL 7 Drawing No: Plan 2 Green Space 8 Planning Application Ref: 16/01206/FUL https://www.gov.uk/planning-inspectorate 2

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Appeal Decision APP/H0520/W/24/3346354 providing safe children’s play provision. This further establishes the classification of the appeal site as open space. 12. Consequently, having regard for the planning history above and on the evidence before me, the appeal site is located on both the land allocated for commercial use as well as open space. 13. The appellant has not adequately demonstrated that the grassed treatment of the appeal site was an interim stage within the phased redevelopment of a brownfield site, given that the full application element of the original hybrid permission has been implemented, which included the appeal site on the Green Space plan. 14. I have identified above that the appeal scheme would encroach upon open space. Accordingly, Policy LP32 of Huntingdonshire’s Local Plan to 2036 (HLP) is relevant to the appeal. It establishes support for developments that lead to the whole or partial loss of an area of open space of public value subject to certain criterion. 15. Regarding the partial loss of open space, the policy requires that not only is the loss minimised but that compensatory measures are also put in place for the remaining open space.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision However, the appellant has not adequately provided any compensatory measures regarding the reduced size of the remaining open space, nor has it demonstrated that the proposed loss of open space has been minimised, especially given that the remaining open space would be reduced in size. 16. Furthermore, in the reasoning of Policy LP32 it states that irrespective of the size, function and accessibility, open spaces contribute to the character of place. Consequently, whilst the appeal site is mainly grass this does not detract from the public value and the positive contribution it makes to the character of the area. Its contribution is significant given that it is the only public open space provided for the existing dwellings which were constructed under the original permission. It therefore not only provides visual relief from the adjacent built form but also serves as a usable green space for the local community. Accordingly, whilst the appeal site is not located in the centre of the existing residential development, it’s relationship with the character of the whole site is not diminished. 17.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Moreover, the appeal site is located within the Fenstanton Character Area 10: Cambridge Road in the Huntingdonshire Landscape and Townscape Supplementary Planning Document 2022 (the HLT SPD). It states that developments should in this area maintain landscaped areas and wherever possible promote opportunities for enhancement of amenity green spaces to provide increased opportunities for recreation. Therefore, the proposal would not accord with this aim, given that it would result in the loss of open space which is likely to be used for recreation. 18. In conclusion, the appeal scheme would result in the loss of open space and the appellant has not adequately demonstrated that it would be minimised or that adequate compensatory measures for the aforementioned loss would be provided. Consequently, it would result in harm to the character and appearance of the surrounding area. Therefore, the proposed development would conflict with Policies LP11, LP12 and LP32 of the HLP insofar as they seek to ensure the design of developments are of a high level and respond positively to the character of the surrounding area whilst protecting open spaces. https://www.gov.uk/planning-inspectorate 3

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Appeal Decision APP/H0520/W/24/3346354 19. It would also fail to accord with the HLT SPD which aims to prevent the loss of open space. Adequate provision of affordable housing or open space 20. The proposed development would introduce seven dwellings and therefore according to Policies LP4 and LP24 of the Developer Contributions 2011 SPD (the DC SPD), seven dwellings would not require a Section 106 contribution. However, the Council states that the appeal scheme should be viewed in conjunction with the dwellings constructed under the original hybrid permission and therefore would require a Section 106 contribution. 21. In the following judgement R (Westminster City Council) v First Secretary of State and Brandlord Limited [2002] EWHC 2725, the court approved a non-exhaustive list of criterion to establish whether two or more development proposals should be aggregated or considered to form part of a larger whole. The non-exhaustive nature of the criterion was further emphasised in New Dawn Homes Limited v SSCLG and Tewksbury BC [2016] EWHC 3314. 22. The first criteria is the issue of ownership. The appeal site was originally under the same ownership as the new build residential development.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision However, the latter was sold by Morris Homes approximately two years ago. Therefore, the sites are not currently under the same ownership. 23. The second criteria is whether the site is a single site for planning purposes. The appeal site formed part of the Dairy Crest factory site and was included in various previous planning applications9. Therefore, given this history and that the appeal site involves land that provides the only public open space for the existing residential development, there is a significant relationship between the sites. It follows therefore, that the appeal site is part of the larger site and thus a single site for planning purposes. Accordingly, the second criteria is met. 24. The third criteria relates to whether the development should be treated as one single site. The appeal scheme would result in the connection of the appeal site to the existing residential development site regarding access and foul and surface water drainage provision. Whilst infill sites may by their nature connect to existing infrastructure, the planning history in this case demonstrates an interdependent relationship and consequent aggregation of the sites. 25.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Given the relationship I have identified above and considering the relevant case law, the appeal site does form part of a single site for planning purposes. Consequently, the developer contributions would need to be calculated accordingly. 26. HLP Policy LP24 requires a 40% affordable housing provision on a site where 11 homes or more are proposed. I have identified above that the appeal site forms part of a single site for planning purposes. Therefore, given that the original permission provided 34 affordable homes, the appeal scheme would trigger the need for approximately three additional affordable homes. Moreover, Policies LP3 and LP4 of the HLP and the DC SPD also require green space land contributions in developments of 10 or more units. This would equate to 9 Planning Application Ref: 16/01206/FUL, 18/00310/S73 and 19/01110/NMA https://www.gov.uk/planning-inspectorate 4

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Appeal Decision APP/H0520/W/24/3346354 approximately 325m2. However, I have identified above the appeal scheme would result in the loss of open space. 27. The appellant refers to the logic of deliberate intention (or lack thereof) of a volume housebuilder selling the major development site to only return later to develop seven dwellings. However, this does not render the relevant policies irrelevant. 28. The appellant has provided a Section 106 agreement which provides a contribution for the provision of the waste storage containers. However, it does not contain adequate contributions regarding affordable housing or green space provision. Had I been minded to allow the appeal the matter of whether a green space provision would meet the tests set out in Regulation 122(2) of the Community Infrastructure Regulations 2010 would have been a matter requiring further consideration. However, as I am dismissing the appeal for other reasons no further consideration is required. 29. The development would be Community Infrastructure Levey (CIL) liable as per the Council’s adopted charging schedule and Policy LP4 of the HLP.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision This is separate from a Section 106 agreement and consequently does not overcome the harm arising from a lack of a comprehensive Section 106 agreement regarding affordable housing and open space provision. 30. In conclusion, the Section 106 agreement would fail to provide adequate affordable housing or open space provision as a result of the appeal scheme. It would therefore be contrary to Policies LP3, LP4 and LP24 of the HLP insofar as they require affordable housing provision and green space land contributions. 31. It would also fail to accord with the DC SPD in so far as it seeks, amongst other things, to ensure green space land contributions for developments of 10 or more units. Other Matters 32. The Council has stated that they are able to demonstrate a housing land supply of 4.03 years according to a revised calculation undertaken as a consequence of the revised Framework. The appellant has calculated that the Council’s housing land supply figure would be 3.31 years. Both are below the housing land supply the Council is expected to deliver in line with the Framework.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Whilst the proposal would deliver seven units this would nonetheless be valuable in boosting the housing stock in circumstances where there is a shortfall. 33. Interested parties have provided support for the appeal scheme because it would filter traffic noise and prevent children from using the space for football and rugby which can result in the balls being kicked in an uncontrolled manner. Whilst the development may filter traffic noise, the original permission was granted with no significant noise concerns. Nevertheless, this would not justify a development which results in the harm I have identified above, nor would the aforementioned concerns regarding recreation and the use of the public open space. 34. The loss of employment land is not a putative reason for refusal and the Council has not indicated any concerns regarding this matter. I find no reason to disagree on this matter. https://www.gov.uk/planning-inspectorate 5

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Appeal Decision APP/H0520/W/24/3346354 35. Regarding flooding, the Council has not raised concerns and the local lead flood authority is satisfied with the details submitted by the appellant regarding surface water drainage. Accordingly, I find no reason to disagree. 36. The appellant has raised concerns regarding interested party comments from people who do not live near to the appeal site. All comments from interested parties are material planning considerations irrespective of the individual’s location and I have therefore had regard to any comments made as necessary. Planning Balance 37. As set out above, the appeal scheme would result in the loss of open space and the Section 106 agreement would fail to provide adequate affordable housing or open space provision. Thus, there would be conflict with Development Plan policies. Due to the Council’s housing land supply position, paragraph 11 d) of the Framework is engaged. Nevertheless, given that the relevant policies accord with the Framework, this conflict attracts full weight in this case. 38. The appeal scheme would result in seven open market dwellings in a District that is falling below the level of housing supply required by national policy.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision They would make a modest but important contribution as indicated by paragraph 73 of the Framework. It would also provide modest economic benefits for the Council such as Council tax, as well as from construction jobs including the supply chain and the wider economy. Additionally, it would result in a modest increase in the use of local services and facilities by future occupants. Also, given its location and accessibility by public transport, it would provide a choice of sustainable travel choices for future occupants. 39. The appellant states that a benefit of the appeal scheme would be the positive contribution it would make to the environment. Furthermore, it cites a benefit regarding the prevention of an indefinite vacancy of the site and consequent inefficient use of the land. However, I have identified above the positive contribution resulting from the open space for the residents of the existing dwellings and the character of the surrounding area. Accordingly, I give the appellant’s claimed benefits limited weight. 40.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — Appeal Decision Even if I were to use the appellant’s housing land supply figure, the adverse impacts I have identified would significantly and demonstrably outweigh the benefits of the proposal when assessed against the Framework policies as a whole. 41. There are no material considerations of such weight or significance to justify a decision otherwise than in accordance with the development plan. Conclusion 42. 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.

Former Dairy Site, High Street, Fenstanton, Cambridgeshire, PE28 9BR — Huntingdonshire District Council — B Astley-Serougi INSPECTOR https://www.gov.uk/planning-inspectorate 6