Case 3347880

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS

Cheshire East — appeal dismissed

Outcome
Dismissed
Decision date
27 November 2024
Authority
Cheshire East
Inspector
Bennett T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Terence Cummins
LPA reference
23/4490M
ONS LPA code
E06000049
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 August 2024

Summary AI

The appeal for stables in the Green Belt was dismissed due to harm to openness and the Green Belt purpose. The inspector considered the proposal to be inappropriate development, and the harm was not outweighed by other considerations.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Site visit made on 4 November 2024 by T Bennett BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 27th November 2024 Appeal Ref: APP/R0660/W/24/3347880 Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow SK9 5LS • 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 Terence Cummins against the decision of Cheshire East Council. • The application Ref is 23/4490M. • The development proposed is the erection of domestic stables. Decision 1. The appeal is dismissed. Preliminary Matters 2. As part of the appeal, a scheme of hard and soft landscaping was submitted which details a change in the positioning and length of hedging. Considering established case law1, the change is a minor alteration and does not represent a substantial difference or fundamental change. While the Council have not directly commented on the landscaping plans, they have referenced the drawings in a list of suggested conditions that they provided in the event of the appeal succeeding.

Page 1 · Chunk 1 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision I do not consider that there would be unfairness to any other interested party by my determining of the appeal having regard to these landscaping plans. 3. It is clear that during the course of the application, amendments to the original plans were submitted which changed the position of the stables to overcome heritage officer concerns. Following submission of the amended plans, the heritage officer withdrew their objection. For clarity, I have taken drawing no SHF/SB/002c to be the block, layout and elevation plan that the Council based their decision on. This plan has also been referenced in suggested conditions from the Council. Main Issues 4. The main issues are: • whether the proposal would be inappropriate development in the Green Belt having regard to National Planning Policy Framework (the Framework) and any relevant development plan policies, taking into account its effect on the openness of the Green Belt; and 1 Holborn Studios Ltd v The Council of the London Borough of Hackney (2018) https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/24/3347880 • if the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development. Reasons Whether inappropriate development 5. The appeal site is located within the Green Belt. Paragraph 154 of the Framework outlines that the construction of new buildings, other than specific exceptions, should be regarded as inappropriate in the Green Belt. One such exception, set out at paragraph 154b, is the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport and recreation, as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. Policy PG3 of the Cheshire East Local Plan Strategy (CELPS) (2017) reiterates this. Outdoor sport and recreation 6.

Page 2 · Chunk 3 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision While both Policy PG3 and the Framework do not define what constitutes an appropriate facility for outdoor sport and recreation, the Equestrian Facilities Supplementary Planning Guidance (2006) (SPG) outlines that small structures relating to horse-riding can be appropriate within the Green Belt, defining a small structure as development up to and including 3 bays and an extra bay for storage. Whilst the SPG provides useful guidance, it is not part of the development plan.The weight it carries therefore primarily goes to the robustness and appropriateness of the guidance it provides. In my mind, stables for private domestic use can be considered to be an appropriate facility for outdoor sport and recreation, in-principle. In this instance, it would be timber with a natural slate roof, which are materials that would be appropriate for its rural setting and intended use as a facility for outdoor sport and recreation. Openness 7. The Framework explains that such development must preserve the openness of the Green Belt and not conflict with the purposes of including land within it. The SPG broadly reflects this with its requirement for the structures to be small. 8.

Page 2 · Chunk 4 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision The Framework states that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. The essential characteristics of Green Belts are their openness and their permanence. Planning Practice Guidance (PPG) provides advice on the factors that can be taken into account when considering the potential impact of development on the openness of the Green Belt, with openness being capable of having both spatial and visual aspects. 9. The development would comprise a sizeable building of an L-shaped layout. It would consist of 9no stables, including 2no storerooms, a hay store, a tack room and covered walkway. The stables would be of a modest height. 10. The submitted information suggests there are 4no containers and a field shelter of various sizes around the wider site which would be removed should https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/24/3347880 the stables be approved. I have had regard to these. On my visit, I observed 1 of the containers in the field where the stables are proposed. 11. The field where the stables would be located is set away, but still visible from, a nearby barn to the north which has permission for residential conversion. The appeal site is also close to Saltersley Hall Farmhouse, also to the north, although this is more visually separate due to intervening mature vegetation. With the exception of the above, the appeal site itself is of an undeveloped nature and I consider the appeal site contributes to the openness of the Green Belt as a whole. Moreover, the openness of the Green Belt is readily apparent in the area surrounding the site, particularly the open fields to the south and west. 12. Given the lower land levels to the east of the appeal site, the proposal would not be visible from the public footpath that traverses the eastern boundary. Proposed landscaping would provide some screening from the public footpath near the southern boundary, but due to the scale of the proposal, it would still be partially visible from this footpath. 13.

Page 3 · Chunk 6 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Overall, because of the screening as part of the landscaping plan, the proposed stables would have a limited visual impact on openness. Nevertheless, because of the size of the development, it would represent a substantial mass of permanent built development, in a location where there is currently none. I have had regard to the judgement in the appellants referenced caselaw2, which in summary, is to consider the impact or harm, if any, wrought by the change to the openness of the Green Belt. The spatial effect on openness would be greater than that of the existing containers combined, that the appellant has referenced, with the proposed development substantially larger in both footprint and volume. As such, I consider it would have a significant and harmful eroding effect on the spatial openness of the Green Belt at this location, even considering the nearby existing brick barn and farmhouse. Green Belt purposes 14. The Framework sets out five purposes of the Green Belt, one of which is to assist in safeguarding the countryside from encroachment. The scheme’s additional built-form encroachment into the site would be harmful to the Green Belt purpose of safeguarding the countryside. Overall 15.

Page 3 · Chunk 7 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision For the above reasons, whilst it would be appropriate sport and recreation development, the proposal would conflict with the Green Belt purpose of safeguarding the countryside from encroachment and would fail to preserve the openness of the Green Belt. I therefore conclude that the appeal proposal represents inappropriate development within the Green Belt and is contrary to Policy PG3 of the CELPS. This seeks to prevent inappropriate development in the Green Belt. The harm to the Green Belt is a matter to which I attach substantial weight. 2 Euro Garages Ltd v SSCLG & Anor [2018] EWHC 1753 (Admin) https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 8 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision For the above reasons, whilst it would be appropriate sport and recreation development, the proposal would conflict with the Green Belt purpose of safeguarding the countryside from encroachment and would fail to preserve the openness of the Green Belt. I therefore conclude that the appeal proposal represents inappropriate development within the Green Belt and is contrary to Policy PG3 of the CELPS. This seeks to prevent inappropriate development in the Green Belt. The harm to the Green Belt is a matter to which I attach substantial weight. 2 Euro Garages Ltd v SSCLG & Anor [2018] EWHC 1753 (Admin) https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/24/3347880 Green Belt balance 16. The proposed development would be inappropriate development in the Green Belt. The Framework identifies that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in ‘very special circumstances’. Very special circumstances will not exist unless the harm to the Green Belt and any other harm is clearly outweighed by other considerations. Other considerations 17. The appellant contends that they are in desperate need for the stables as they currently have nowhere to be stabled properly on site. However, I have little substantive evidence to demonstrate that a suitable site elsewhere would not be feasible. This consideration therefore attracts limited weight. 18. The lack of objections from technical consultees and the Parish and town council is noted. However, I am required to assess the proposal on its planning merits and the absence of objections does not alter my findings with regards to the harm identified. 19. The appellant suggests that the proposal complies with requirements set out in Policy RUR 6 and RUR 7 of the Cheshire East Site Allocations and Development Policies Document (2022) (DPD).

Page 4 · Chunk 10 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Policy RUR 6 supports proposals for outdoor sport, leisure and recreation subject to a number of criteria and Policy RUR 7 supports equestrian development in the open countryside where it accords with a number of criteria. One such criteria for Policy RUR 7 is that the proposal is restricted to the minimum level reasonably required for the operation of the facility. 20. Nine horse passports have been provided detailing the presence of nine horses, however, no information has been provided as to the size of the horses and I am mindful of DEFRA guidance3. This confirms that an average stable size should measure 3.65 metres by 3.65 metres and for a large horse measure 3.65 metres by 4.25 metres. Given the proposed stables all measure more than the average size and that limited justification has been put forward to explain why the stables need to be in excess of this, I cannot be satisfied that the proposal as a whole has been restricted to the minimum level required as set out in Policy RUR 7. 21.

Page 4 · Chunk 11 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision However, even if I considered the proposal accorded with the various sub clause requirements of policies RUR 6 and RUR 7, these policies clearly state that proposals can only be supported where they accord with other policies within the development plan. Given I have found conflict with Policy PG3 of the CELPS, the proposal falls into conflict with both Policy RUR 6 and RUR 7 of the DPD. Harm 22. The Framework requires that the harm by reason of inappropriateness be given substantial weight. I also place substantial weight on the harm to openness and to the Green Belt purpose regarding encroachment into the countryside that I have identified. 3 Code of Practice for the Welfare of Horses, Ponies, Donkeys and their Hybrids (2017, Defra). https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 12 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/24/3347880 Very special circumstances 23. Having taken into account the other considerations, I consider the benefits of the proposal to be limited and do not clearly outweigh the development’s harm. Thus, the very special circumstances necessary to justify the proposal do not exist. Other Matters 24. Saltersley Hall Farmhouse is a Grade II listed building, with the listing extending to pre-1948 buildings within its curtilage and thus includes the associated 19th century barn with later additions. I have a statutory duty under Section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 25. The significance of the farmhouse is in part derived from its age and architectural interest resulting from the materials. According to the listing description and submitted information, the farmhouse dates from the 17th century with 19th and 20th century additions.

Page 5 · Chunk 13 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision It has part sandstone elevations that conceal the timber framing inside, with exposed timber ridge beam and purlins on the gable ends along with a prominent chimney stack. The setting of the group of buildings is characterised by its rural location. 26. The stables were originally to be located directly adjacent to the 19th century barn buildings. However, following concerns raised by the heritage officer during the course of the application, the siting of the stables was moved further away from the heritage assets. The new location would be physically separate from the farmhouse and barn. The visual connection would be tempered owing to the distance between the proposal and heritage assets. There would be very limited views to or from the Farmhouse and the appeal site due to the intervening barn and mature trees. Whilst there would be a stronger visual connection between the barn and appeal site, given the use of timber and slate they would maintain the rural character of the setting of the heritage asset and would not compromise it. Accordingly, I agree with the Council’s assessment that the proposal would preserve the setting of the heritage asset, resulting in no harm to its significance. 27.

Page 5 · Chunk 14 Appeal Decision

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — Appeal Decision The appellant’s concerns about the Council’s handling of the application are a separate matter between the parties. It is not for me to comment in my determination of this appeal, which is focused on the planning merits of the case. Conclusion 28. I conclude that the proposed development would conflict with the development plan and the Framework which seek, amongst other things, to protect the Green Belt from inappropriate development. There are no other material considerations that would indicate that the proposal should be determined other than in accordance with the development plan. The appeal is therefore dismissed.

Page 5 · Chunk 15 T Bennett

Saltersley Hall Farm, Saltersley Lane, Cheshire East, Wilmslow, SK9 5LS — Cheshire East — T Bennett 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

Green belt
Against appellant
¶14

The inspector considered the proposal to conflict with the Green Belt purpose of safeguarding the countryside from encroachment, and would have a significant and harmful eroding effect on the spatial openness of the Green Belt.

Ecology and biodiversity
Against appellant
¶15

The inspector found that the proposed development would fail to preserve the openness of the Green Belt, which would be harmed by the eroding effect of the substantial mass of permanent built development.

Planning obligations
Against appellant
¶20

The inspector found that the proposal did not meet the requirements of Policy RUR 7, as the stables were not restricted to the minimum level reasonably required for the operation of the facility.

Green belt
Against appellant
¶23

The inspector considered the harm to the Green Belt and openness to outweigh any benefits, and that very special circumstances did not exist to justify the proposal.

Policies relied on

Reference Weight
NPPF 154
Substantial
Policy PG3 of the Cheshire East Local Plan Strategy (CELPS)
Substantial
Policy RUR 6 and RUR 7 of the Cheshire East Site Allocations and Development Policies Document (DPD)
Limited

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.