Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Site visit made on 7 January 2025 by L C Hughes BA (Hons) MTP MRTPI an Inspector appointed by the Secretary of State Decision date: 24th January 2025 Appeal Ref: APP/U2370/W/24/3348585 Land North East Of Bay Court, Links Gate, Thornton Cleveleys FY5 5JX • 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 Paul Fox against the decision of Wyre Borough Council. • The application Ref is 24/00209/PIP. • The development proposed is Permission in principle for the erection of one detached dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. On the 12 December 2024 the Government published a revised National Planning Policy Framework (the Framework). The revised Framework is a material consideration which should be taken into account from the day of publication. Both main parties have had the opportunity to comment on any implications for the appeal, and I have taken comments received into account. Where references are made to paragraph numbers of the Framework, these are references to the most recent version. 3. The proposal is for permission in principle.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Planning Practice Guidance 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 where the detailed development proposals are assessed. This appeal relates to the first of these 2 stages. 4. The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. 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 5. 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 proposed, with particular reference to: • whether the proposal would be inappropriate development in the Green Belt, including the effect on the openness of the Green Belt, having regard to the Framework and any relevant development plan policies; https://www.gov.uk/planning-inspectorate

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Appeal Decision APP/U2370/W/24/3348585 • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal. Reasons Inappropriateness 6. The appeal site lies within the Green Belt. The Framework states that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. 7. Paragraph 154 of the Framework sets out that development in the Green Belt should be regarded as inappropriate, other than in a few exceptions. One exception is limited infilling within a village. Neither ‘village’ nor ‘limited infilling’ are defined in the Framework, and, in light of caselaw, whether or not a settlement is a village is a matter of planning judgement. 8. The appeal site lies a short distance outside of the settlement boundary of Thornton as defined by the adopted Wyre Local Plan 2011-2031 (incorporating partial update of 2022) (2023) (LP).

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Thornton has a distinct identity and a consistent form of development along with a range of services and facilities, and therefore it comprises a village for the purposes of the Framework. 9. Whilst a settlement boundary is not necessarily definitive in determining whether a location forms part of a village or not, from my observations on the ground, the properties along Tarn Road distinctly define the developed edge of the village, where there is a change in character. The appeal site is detached from the main area of development at Thornton, which is characterised by regimented, higher density housing. Development outside of the village is looser in grain, and the location of the appeal site is physically separated from Thornton by large undeveloped gaps of open land. 10. In contrast to the formal built up character of the settlement, the appeal site has a more rural feel, with the road leading to it being devoid of footways and regular streetlighting. Whilst the appeal site would be within a loose cluster of properties along Links Gate, these properties do not constitute a village.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Whilst these properties might rely upon the range of services in Thornton, there is little sense of a strong visual or physical link to the settlement, and the appeal site has a greater affinity to its rural setting than the built-up form of Thornton, despite its relative closeness. 11. My attention has been drawn to several successful appeal decisions relating to limited infill development elsewhere in the Green Belt.1 Some examples, such as those at Chain House Lane, Potters Lane and Bedmond Road are clearly located within a settlement, and there was no dispute that the appeal at Chapel Lane was within a village. Others, such as those at Park Avenue and Royalty Avenue were adjacent to the defined settlement boundary, rather than being physically separate. The appeal site at Midge Hall Lane was close to significant residential properties and commercial premises.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision The sites relating to the appeal decisions therefore have a different degree of visual and physical association with the relevant village 1 APP/D2320/W/21/3283978; APP/F2360/W/19/3238776; APP/F2360/W/20/3244797; APP/F2360/W/21/3274471; APP/F2360/W/21/3284681; APP/F2360/W/22/3306867; APP/P1940/W/17/3183388; APP/B3438/W/18/3211000 https://www.gov.uk/planning-inspectorate 2

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision The sites relating to the appeal decisions therefore have a different degree of visual and physical association with the relevant village 1 APP/D2320/W/21/3283978; APP/F2360/W/19/3238776; APP/F2360/W/20/3244797; APP/F2360/W/21/3274471; APP/F2360/W/21/3284681; APP/F2360/W/22/3306867; APP/P1940/W/17/3183388; APP/B3438/W/18/3211000 https://www.gov.uk/planning-inspectorate 2

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Appeal Decision APP/U2370/W/24/3348585 areas. These examples are therefore different from the case before me, which I have considered on its own merits and site-specific circumstances. 12. The proposal would be for a single detached dwelling, and would infill a gap between two buildings. It would therefore be limited infill in the context of Paragraph 154e of the Framework. However, it would not be located within a village for the purposes of the Paragraph 154e exception, and would not therefore comply with the requirements of the Framework in this regard. 13. The updated Framework has introduced the concept of grey belt land. Even if I were to accept that the appeal site does not strongly contribute to the purposes of the Green Belt relating to unrestricted sprawl, the merging of towns or the setting of historic towns, in order for development not to be regarded as inappropriate Paragraph 155 of the Framework refers to the use of grey belt land satisfying a demonstrable unmet need for the type of development proposed.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision No evidence has been submitted to demonstrate that there is a lack of a five-year housing supply of deliverable housing sites in Wyre or that the Housing Delivery Tests was below 75% of the housing requirement over the previous three years. Consequently, this paragraph does not render the development not inappropriate. 14. Paragraph 154g of the Framework relates to the limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use, which would not cause substantial harm to the openness of the Green Belt. The site is partly previously developed in that an area of hardstanding and a garage occupies part of the site. The garage is of a permanent construction, although modest in scale. 15. The concept of Green Belt openness has both a spatial and visual dimension. The specific location within the site, and design of the proposed residential development are ultimately matters for the technical details stage. However, notwithstanding the garage and hardstanding, the appeal site is largely free from development.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Erecting a house larger than the existing building at the site would introduce new built form into the Green Belt which would result in a spatial loss of openness. The proposal would also be seen from surrounding residential properties and from vantage points along Links Gate. Introducing new built form would therefore also result in a visual loss of openness. 16. Compared to the existing situation openness would therefore, both spatially and visually, be reduced by the introduction of a dwelling at the appeal site. While the loss would be relatively localised, it would, nonetheless, impact on the openness of the Green Belt and would therefore conflict with the objectives of the Framework in keeping Green Belt land permanently open. 17. For these reasons, I conclude that the proposal would not constitute one of the exceptions listed in the Framework and is therefore inappropriate development in the Green Belt. Accordingly, the appeal site is not suitable in principle for residential development, having regard to its location, the proposed land use and the amount of development.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision The proposed development would conflict with Policies SP1 and SP3 of the LP which seek to direct development to within defined settlement boundaries and state that within the Green Belt, planning permission will not be granted for inappropriate development as defined in national policy except in very special circumstances. https://www.gov.uk/planning-inspectorate 3

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision The proposed development would conflict with Policies SP1 and SP3 of the LP which seek to direct development to within defined settlement boundaries and state that within the Green Belt, planning permission will not be granted for inappropriate development as defined in national policy except in very special circumstances. https://www.gov.uk/planning-inspectorate 3

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision Appeal Decision APP/U2370/W/24/3348585 Other considerations 18. The Government is seeking to significantly boost the supply of housing. The Framework recognises that small sites can make an important contribution to the Council’s housing supply. Although the proposed development is for just one dwelling, this would contribute positively to the Council’s housing land supply and would provide social benefits. There would also be economic benefits in terms of the generation of economic activity during the construction of the house and the provision of a home to residents who would contribute to the local economy. However, due to the small scale of the proposed development, these benefits would be limited. Other Matters 19. Given the location of the appeal site, the development has potential to have effects on the Morecambe Bay and Duddon Estuary Special Protection Area, the Morecambe Bay Ramsar Site and the Wyre Estuary Site of Special Scientific Interest (SSSI).

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision The Conservation of Habitats and Species Regulations 2017 (as amended) require that, where a project is likely to have a significant effect on a European site, either alone or in combination with other plans or projects, the competent authority must, before any grant of permission in principle, make an appropriate assessment of the project’s implications in view of the relevant conservation objectives. As I have found the appeal proposal to be unacceptable for other reasons, it is not necessary for me to undertake an appropriate assessment, or to consider this matter further. Green Belt Balance and Conclusion 20. The Framework requires that substantial weight is given to any harm to the Green Belt and states that very special circumstances will not exist unless harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. 21. I have found harm to the Green Belt by reason of the proposed development’s inappropriateness and harm to the openness of the Green Belt. 22. Weighed against that are the other considerations set out above.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — Appeal Decision However, for the reasons given I afford limited weight to the contribution that a new dwelling would make to the housing land supply. 23. Consequently, those other considerations would not, in their totality, clearly outweigh the harm to the Green Belt that I have identified. Therefore, the very special circumstances required to justify a grant of permission in principle have not been demonstrated. The development would thus conflict with the Framework and Policy SP3 of the LP. 24. For the reasons set out above, the appeal site is not suitable in principle for residential development. 25. The proposal, as a permission in principle, would conflict with the development plan taken as a whole and material considerations do not indicate that the decision should be made other than in accordance with the development plan. Consequently, the appeal should be dismissed.

Land North East Of Bay Court, Links Gate, Thornton, FY5 5JX — Wyre Borough Council — L C Hughes INSPECTOR https://www.gov.uk/planning-inspectorate 4