Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH
East Riding of Yorkshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 29 January 2025
- Authority
- East Riding of Yorkshire Council
- Inspector
- Cowley R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Adam Newlove
- LPA reference
- 23/02946/PLF
- ONS LPA code
- E06000011
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 17 September 2024
Summary AI
The appeal was dismissed due to the proposed dwelling being of an inappropriate scale and having an urbanising effect on the rural setting. The inspector found no material considerations that indicated the appeal should be determined otherwise than in accordance with the development plan.
PDF text
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision Site visit made on 20 November 2024 by Ryan Cowley MPlan (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 29th January 2025 Appeal Ref: APP/E2001/W/24/3348401 Airfield Farm Bungalow, Clay Lane, Breighton, Selby, East Riding of Yorkshire YO8 6DH • 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 Adam Newlove against the decision of East Riding of Yorkshire Council. • The application Ref is 23/02946/PLF. • The development proposed is erection of new two storey dwelling following demolition of existing bungalow and associated works. Decision 1. The appeal is dismissed. Preliminary Matters 2. During the course of the application, the appellant sought to amend the design of the proposed dwelling from an executive style house with accommodation over two floors to a contemporary style single level dwelling. However, the Council state that full drawing details were not provided and that ultimately the amendments were not formally accepted. The application was therefore determined on the original drawings. 3. Amended plans have been provided as part of this appeal.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision However, the appeal process should not be used to evolve a scheme. The amendments represent a substantial change to the original proposal, they were not formally considered by the Council, and it is not clear whether interested parties were given an opportunity to comment on them. In my determination of this appeal, I have therefore had regard to the original plans considered by the Council only. To do otherwise would give rise to procedural unfairness. 4. On 12 December 2024, a revised National Planning Policy Framework (the Framework) was published. Both main parties have been given an opportunity to provide comments on the revised Framework and the implications for this appeal. I have thus had regard to the revised Framework. 5. The evidence indicates that the Council is in the process of updating the development plan however it is unclear when the new plan is likely to be adopted. Nevertheless, in so far as they relate to this appeal, no material differences between the existing and emerging policies have been highlighted by either party and the Council maintain that the current status of the local plan update has no significant material impact on the appeal.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision I have therefore determined the appeal on the basis of the current development plan. https://www.gov.uk/planning-inspectorate
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision I have therefore determined the appeal on the basis of the current development plan. https://www.gov.uk/planning-inspectorate Appeal Decision APP/E2001/W/24/3348401 Main Issues 6. The main issues are: • Whether the proposed replacement dwelling would be acceptable with regard to the Council’s spatial strategy and its effect on the character and appearance of the area; and • The effect of the proposal on the housing mix. Reasons Whether the proposed replacement dwelling is acceptable 7. The appeal site is located beyond the development limits of Breighton. Policy S4 of the East Riding Local Plan 2012 – 2029 Strategy Document Adopted April 2016 (the Local Plan) supports development in the countryside where it is of an appropriate scale and encourages the re-use of previously developed land, among other provisions. Policy S4 supports replacement dwellings outside of development limits which respect the intrinsic character of their surroundings. The supporting text to Policy S4 clarifies that replacement dwellings will be permitted in the countryside where their design and character reflects the surrounding area and results in an increase of the usable floor area of the original building normally by no more than 50%. 8.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision The submitted Design and Access Statement indicates that the existing dwelling has a floor area of around 112m2, while the proposed dwelling would provide around 225m2 of accommodation over two storeys. This would represent an increase in floor area of over 100%. This would be significantly greater in size than the existing dwelling, far beyond the guidance contained in the supporting text to Policy S4, and therefore not of an appropriate scale. 9. The appeal site sits within a predominantly rural area, with fields on all sides extending up to, and beyond, the village of Breighton to the south and west. Fields are often enclosed by hedgerow, though the flat topography of the area allows long distance views where there are gaps in vegetation. There are some examples of larger, more contemporary designs within Breighton. However, traditional dwellings in the village are of more modest forms and appearance. 10. The site comprises a detached 3-bedroom bungalow and its associated access and curtilage. There is a large two storey workshop building south of the existing dwelling, and significant amounts of hard surfacing. Much of the site is enclosed by a combination of timber fencing, low concrete walls and hedgerows.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision It is partially visible from Clay Lane across the intervening fields. Nevertheless, the modest scale and height of the existing bungalow limits its influence on the character and appearance of the area and preserves the prevailing rural setting of the village. 11. The appeal proposal would replace the existing bungalow with a large two storey dwelling finished in a red facing brick with dark grey concrete roof tiles. It would be of a simple, suburban design. Its elongated front and rear elevations, combined with relatively modest window openings and increased height, would create large expanses of blank brickwork. This would appear bulky in views from the north and south in particular, adding significant mass to the existing development on site. https://www.gov.uk/planning-inspectorate 2
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/24/3348401 12. The proposal would therefore erode the contribution that the existing site makes to the prevailing character and appearance of the countryside in this location and would have an urbanising effect on the predominantly rural setting of the village. Accordingly, the proposal would not respect the intrinsic character of its surroundings. Local Plan Policy S4 would therefore not provide support for a replacement dwelling of this nature. 13. The proposed replacement dwelling would therefore not be acceptable with regard to the Council’s spatial strategy and its effect on the character and appearance of the area. It would conflict with Policies S1, S2, S3, S4 and ENV1 of the Local Plan. These policies, among other provisions, set out the Council’s approach to sustainable development and the settlement hierarchy. They also seek to ensure that all development proposals achieve a high quality of design and contribute to safeguarding and respecting the diverse character and appearance of the area, and that replacement dwellings in the countryside respect the intrinsic character of their surroundings. Housing mix 14.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision The appeal proposal would replace a more modest 3-bedroom bungalow with a large 2-storey dwelling. The plans before me indicate that this would have 5- bedrooms. 15. The supporting text to Policy H1 of the Local Plan states that the size and type of housing should reflect the housing need in the locality, with a particular focus on providing for the needs of older people who have been identified in the Housing Strategy as a key group within the East Riding. It also highlights that The Housing Strategy and SHMA (Strategic Housing Market Assessment) refer to the difficulties that first time buyers face when seeking to purchase a house. There is otherwise little evidence before me with respect to the housing need in this area. 16. The existing bungalow is likely to be more appropriate for older people and first-time buyers, in terms of its size, layout and affordability. There is no compelling evidence that the proposal has taken account of the current need, particularly for older people and first-time buyers, current demand and existing housing stock. 17.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision Based on the evidence before me, the loss of the existing bungalow and replacement with an appreciably larger dwelling would have a detrimental impact on the housing mix. Accordingly, it would conflict with Policy H1 of the Local Plan which, among other provisions, seeks to ensure that new residential development contributes to the overall mix of housing in the locality. Other Matters 18. The proposal would provide a contribution to the supply of larger 2-storey dwellings in the area, albeit at the expense of the supply of smaller, single storey dwellings. The proposal would provide a temporary economic boost during construction and would reuse previously developed land, close to an existing settlement. However, these benefits would be modest given the small scale and context of the development. 19. The submitted structural report recommended that the existing property should be demolished. However, this does not demonstrate that a dwelling of https://www.gov.uk/planning-inspectorate 3
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/24/3348401 the size and form proposed would be an acceptable replacement with regard to the relevant provisions of the development plan. 20. No objections were received in respect of the application, and Bubwith Parish Council indicated their support. However, this does not in itself demonstrate compliance with the development plan or outweigh the identified harm. 21. Other than where set out above, I have not identified conflict with any other relevant parts of the development plan or national policy and guidance. However, the absence of harm or development plan conflict with respect to other relevant matters weighs neither for nor against the proposal. Conclusion 22. The appeal proposal conflicts with the development plan, taken as a whole. I have found no material considerations that indicate the appeal should be determined other than in accordance with the development plan. Consequently, I conclude that the appeal is dismissed.
Airfield Farm Bungalow, Clay Lane, Breighton, SELBY, East Riding of Yorkshire, YO8 6DH — East Riding of Yorkshire Council — Ryan Cowley INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance Against appellant ¶10
The proposed dwelling would create large expanses of blank brickwork, appear bulky in views from the north and south, and add significant mass to the existing development on site.
Character and appearance Against appellant ¶12
The proposal would erode the contribution that the existing site makes to the prevailing character and appearance of the countryside in this location and would have an urbanising effect on the predominantly rural setting of the village.
Housing land supply Against appellant ¶16
The existing bungalow is likely to be more appropriate for older people and first-time buyers, in terms of its size, layout and affordability, and there is no compelling evidence that the proposal has taken account of the current need, particularly for older people and first-time buyers, current demand and existing housing stock.
Planning obligations Against appellant ¶19
The submitted structural report recommended that the existing property should be demolished, but this does not demonstrate that a dwelling of the size and form proposed would be an acceptable replacement with regard to the relevant provisions of the development plan.
Policies relied on
| Reference | Weight |
|---|---|
| Local Plan Policy S4 |
Determinative |
| Policy H1 of the Local Plan |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 29 January 2025 under the Open Government Licence.