Case 3347121

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH

Tewkesbury Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
11 February 2025
Authority
Tewkesbury Borough Council
Inspector
Wilson D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr & Mrs D. Cross
LPA reference
23/00831/PIP
ONS LPA code
E07000083
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 August 2024

Summary AI

The inspector determined that the site is not suitable for residential development due to its location and the potential harm to the Cotswolds National Landscape. The proposal was considered contrary to several policies, including those related to protecting landscape character and conserving the natural beauty of the Cotswolds National Landscape.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision Site visit made on 21 January 2025 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 11 February 2025 Appeal Ref: APP/G1630/W/24/3347121 Braemar, Butts Lane, Woodmancote, Tewkesbury GL52 9QH • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Mr & Mrs D. Cross against the decision of Tewkesbury Borough Council. • The application Ref is 23/00831/PIP. • The development proposed is erection of two dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The proposal is for permission in principle. Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing-led development. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second (‘technical details consent’) stage is when the detailed development proposals are assessed. This appeal relates to the first of these 2 stages. 3.

Page 1 · Chunk 1 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted1. All other matters are considered as part of a subsequent Technical Details Consent application if permission in principle is granted. I have determined the appeal accordingly. Main Issue 4. The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development. Reasons 5. The appeal site is a large parcel of land that forms part of the garden to the side of Braemar. The site is grassed and bordered by a dense row of trees and hedges. The wider area is predominantly residential with development concentrated on the opposite side of the road to the appeal site, dwellings along Butts Lane are mostly large and occupy substantial plots. Development on the same side of the road as the appeal site is mostly sporadic and well-spaced apart with open fields and areas of woodland. 1 PPG Paragraph: 012 Reference ID: 58-012-20180615 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/24/3347121 6. The site is located beyond the recognised settlement boundary of Woodmancote and is therefore located within the open countryside. Policy SP2 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy 2011-2031 Adopted December 2017 (CS) provides the spatial strategy for how development will be distributed and delivered and on the basis of the sites location, part 6 is relevant which states that Policy SD10 of the CS will apply for residential developments. 7. Policy SD10 directs that for housing proposed in areas that are not allocated, nor within previously developed land subject to certain criteria which the proposed development would not meet. Policy RES3 of the Tewkesbury Borough Plan 2011- 2031 Adopted Version (BP) concerns new housing outside settlement boundaries the principle of new residential development will be considered acceptable subject to certain criteria which the proposed development would also not meet. 8. The appeal site is located within the Cotswolds National Landscape.

Page 2 · Chunk 3 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision Paragraph 187 of the National Planning Policy Framework 2024 (the Framework) seeks to ensure that planning policies and decisions should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Paragraph 189 requires that great weight should be given to conserving and enhancing landscape and scenic beauty in National Landscapes. 9. The appeal site forms part of the garden of Braemar, however, its large size which is mostly grassed contributes positively to the open and rural character of the surrounding area which is predominantly open fields on the same side of the road as the appeal site. The opposite side of the road contains a line of dwellings and is linked with the dense settlement and therefore has the visual appearance of forming its edge. This is illustrated in viewpoint 1 of the appellants Statement of Case: Landscape and Visual Matters, where the dwellings on the opposite side of the road form a clear line with Braemar being separate and more closely linked with the open and rural character of the area. 10. The proposal would result in two dwellings on the appeal site which would erode its open character and appearance.

Page 2 · Chunk 4 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision The closeness to Braemar would also give the appearance of a cluster of three houses which are not common on this side of the road. 11. To the rear of the appeal site is an escarpment which rises beyond the appeal site which is identified within the Cotswolds Area of Outstanding Natural Beauty Management Plan 2018-2023 (Cotswolds Management Plan) as a special quality of the Cotswolds National Landscape. The appeal site’s location, beyond the settlement edge is predominantly open and allows for mostly unrestricted views towards the escarpment which the provision of two dwellings would restrict. The two dwellings within proximity to Braemar would also fail to maintain the open, dramatic and sparsely settled character of the escarpment. 12. The proposal would therefore not conserve or enhance the natural beauty of the Cotswolds National Landscape, nor its character or special qualities. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/24/3347121 13. For the above reasons, I consider that the site would not be suitable for residential development, having regard to its location within the open countryside and Cotswolds National Landscape. It would be contrary to Policies SP1, SP2, SD6, SD7 and SD10 of the CS, Policies of RES3, RES4 and LAN2 of the BP, Policy 1 and 3 of the Woodmancote Neighbourhood Development Plan 2020-2031 Made Version June 2023 (NP) and Policy DTP1 of the Cotswolds Management Plan. Amongst other things, these seek to ensure that development protects landscape character for its own intrinsic beauty and conserves and, where appropriate, enhances the landscape and scenic beauty of the Cotswolds National Landscape. Other Matters 14. The appellant has referred to other developments and appeals in an attempt to justify the appeal proposal. I do not have the full details in respect of such examples so I cannot be sure of the circumstances. In any case, I have determined the appeal on its own merits, based on the evidence before me. 15.

Page 3 · Chunk 6 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision In regard to Box Farm this relates to a permission in principle for a single dwelling and I have not been provided with any plans to establish its proximity in connection with the appeal site. However, while I note that it was considered that the proposal would follow the general pattern of development and would not appear as a strident addition to this part of the Cotswolds National Landscape, this differs from my findings in the appeal before me. 16. In relation to Land between Southrise and Kerrs Hill2 which relates to a single dwelling, it was found that the proposal was located within an established ribbon development which differs from the appeal before me. 17. I am aware that the site is proximate to the Grade ll listed building Brook Cottage. Mindful of the statutory duty set out in s66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), I have had special regard to the desirability of preserving its setting. The open backdrop of the appeal site positively contributes to its significance.

Page 3 · Chunk 7 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision Nevertheless, given the location of the proposed development which is some distance away and well obscured by trees, only glimpsed views would be possible, I consider that it would preserve the setting of this listed building and the contribution it makes to its significance. I note the Council had no concerns in this regard either. Planning Balance 18. The proposal would be contrary to Policies SP1, SP2, SD6, SD7 and SD10 of the CS, Policies of RES3, RES4 and LAN2 of the BP, Policy 1 and 3 of the NP and Policy DTP1 of the Cotswolds Management Plan. These Policies are consistent with the Framework in seeking to direct new development within settlement boundaries and ensuring that proposals enhance the natural and local environment by protecting and enhancing valued landscapes. 2 APP/G1630/W/22/3308688 https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/24/3347121 19. The Council is unable to demonstrate a 5-year supply of deliverable housing sites in accordance with Paragraph 72 of the Framework. The appellant states that the Council are only able to demonstrate a 3.39 year supply, which is not disputed by the Council. This represents a significant undersupply. Paragraph 11 d) of the Framework indicates that, in such circumstances where the requisite housing land supply cannot be shown, the Policies which are important for determining the application should be deemed out-of-date and permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the Policies in the Framework taken as a whole. 20. Having regard to the areas of harm identified, Paragraph 11 d) of the Framework indicates that, in such circumstances where the requisite housing land supply cannot be shown, the Policies which are important for determining the application should be deemed out-of-date and permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the Policies in the Framework taken as a whole. 21.

Page 4 · Chunk 9 Appeal Decision

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — Appeal Decision The proposed development would contribute to the supply of new homes in a situation where there is a shortfall. This attracts significant weight in favour of the proposed development. 22. The proposal would also support the creation of jobs directly and indirectly during construction and result in future occupiers spending in the locality. Although these benefits are tempered by the fact that the proposal is only for two dwellings. 23. In this instance, the unsuitable location for the development proposed as well as the harm to the Cotswolds National Landscape, which I must give great weight, would significantly and demonstrably outweigh the benefits. As such, the proposal would not constitute a sustainable form of development in terms of the Framework. 24. Consequently, when assessed against the Policies in the Framework when taken as a whole the adverse impacts identified above would significantly and demonstrably outweigh the benefits. Conclusion 25. For the reasons given above the appeal should be dismissed.

Page 4 · Chunk 10 D Wilson

Braemar, , Butts Lane, Woodmancote, Tewkesbury, GL52 9QH — Tewkesbury Borough Council — D Wilson 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

Green belt
Against appellant
¶13

The site is located within the open countryside and Cotswolds National Landscape, and the proposal would harm the landscape's character and scenic beauty.

Flood risk
Neutral
¶9

The site's location beyond the settlement edge and its open and rural character suggest that it is not prone to flooding.

Ecology and biodiversity
Against appellant
¶11

The proposal would result in two dwellings on the appeal site, which would erode its open character and appearance, and restrict views towards the escarpment.

Heritage impact
Neutral
¶17

The proposed development would not harm the setting of the Grade II listed building Brook Cottage, as it is some distance away and well obscured by trees.

Affordable housing
Against appellant
¶23

The proposal would not contribute to the supply of affordable housing, as it is only for two dwellings.

Planning obligations
Neutral
¶19

The Council is unable to demonstrate a 5-year supply of deliverable housing sites, and the proposed development would contribute to the supply of new homes in a situation where there is a shortfall.

Policies relied on

Reference Weight
Policies SP1, SP2, SD6, SD7 and SD10 of the CS
Determinative
Policies of RES3, RES4 and LAN2 of the BP
Substantial
Policy 1 and 3 of the NP and Policy DTP1 of the Cotswolds Management Plan
Moderate

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 11 February 2025 under the Open Government Licence.