Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Site visit made on 14 January 2025 by I A Dyer BSc (Eng) FCIHT an Inspector appointed by the Secretary of State Decision date: 31 January 2025 Appeal Ref: APP/F2605/W/24/3348723 Mere Farm, Stow Bedon Road, Stow Bedon NR17 1ET • 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 P Dunning and Paul Dunning Timber Frames Ltd against the decision of Breckland Council. • The application reference is 3PL/2023/1166/F. • The development proposed is erection of new dwelling and garage. Decision 1. The appeal is allowed and planning permission is granted for erection of new dwelling and garage at Mere Farm, Stow Bedon, NR17 1ET in accordance with the terms of the application, Ref 3PL/2023/1166/F, and the plans submitted with it, subject to the conditions in the attached schedule. Preliminary Matters 2. Following the Council’s determination of the application, a revised version of the National Planning Policy Framework (the Framework) was published in December 2024.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision The parties have had the opportunity to make comments on the revisions to the Framework as part of the appeal process and I have taken their comments into account in my decision. 3. The site is within the zone of influence (ZOI) of one or more European Protected Sites. The appellants submitted a planning obligation in the form of a Unilateral Undertaking (UU) under Section 106 of the Town and Country Planning Act 1990 which would provide contributions towards mitigation measures in respect of the European Protected Sites. The appellants have also provided the appropriate payment to cover the monitoring fee associated with the mitigation measures. The Council has had the opportunity to comment on the UU and the monitoring payment and I have taken account of the UU in my decision. 4. Whilst not cited as a reason for refusal by the Council, the Court of Justice of the European Union has ruled that the decision maker, when considering the effect that a proposal may have on a European Site, must consider mitigation within the Framework of an Appropriate Assessment (AA). This responsibility now falls to me within this appeal.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision With this in mind I have elevated the effect of the proposal on European Protected Sites to a main issue within my reasoning. The parties have had the opportunity to comment on the implications of the proposal on the European Protected Sites and I have taken those comments into consideration. I do not, therefore, consider that any party would suffer injustice from the effects of my so doing. https://www.gov.uk/planning-inspectorate

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision With this in mind I have elevated the effect of the proposal on European Protected Sites to a main issue within my reasoning. The parties have had the opportunity to comment on the implications of the proposal on the European Protected Sites and I have taken those comments into consideration. I do not, therefore, consider that any party would suffer injustice from the effects of my so doing. https://www.gov.uk/planning-inspectorate

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/24/3348723 Main Issues 5. The main issues in this appeal are: - • Whether the site is a suitable location for a new dwelling, having particular regard to local and national planning policies for the provision of housing. • The effect of the proposal on European Protected Sites. Reasons Suitable location for a dwelling 6. The appeal site (the site) is a roughly rectangular open area of grass and scrub. It lies behind Mere Farm, between Mere Farm Bungalow and a row of recently constructed dwelling houses, within land previously associated with the farm. Permission has been granted1 for a replacement bungalow to the south of Mere Farm Bungalow. It is disputed by the Council that this development has commenced and the permission is, therefore, extant. 7. To the east lie four recently constructed dwellings which gained permission2 following permissions to develop former barns under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO). 8. Together, the buildings form a small group lying within open countryside and this group is physically separated from the main built-up area of Stow Bedon by intervening open land.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision It lies in an area of other sporadic development lying within open countryside. There is no dispute between the parties that the site lies outside of any Settlement Boundary defined within the Breckland Local Plan (2023) (the Local Plan) and is defined as countryside for planning purposes. Development outside the defined settlement boundaries is only acceptable where it is compliant with relevant policies set out in the development plan. 9. Policy GEN01 sets out the Council’s general approach to achieving sustainable development in Breckland and the policies within the Local Plan set out how these general aims are to be achieved in detail. Policy GEN03 of the Local Plan seeks to locate new development in larger settlements close to existing services and facilities. Policy GEN05 of the Local Plan seeks to restrict development in order to protect the intrinsic character and beauty of the countryside. 10. Policy HOU05 of the Breckland Local Plan allows some development in small villages and hamlets outside of settlement boundaries, subject to satisfying certain criteria and compliance with other policies within the Local Plan. 11.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision These criteria include the infilling and rounding off of a cluster of dwellings; being of an appropriate scale and design to the settlement; the development preserving or contributing positively, or where possible enhancing the historic nature and connectivity of communities; and not harming or visually undermining a visually important gap that contributes to the character and distinctiveness of the rural scene. 1 Council Ref: 3PL/2013/0584/F 2 Council Refs: 3PL/2022/1450/F and 3PL/2022/1451/F https://www.gov.uk/planning-inspectorate 2

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision These criteria include the infilling and rounding off of a cluster of dwellings; being of an appropriate scale and design to the settlement; the development preserving or contributing positively, or where possible enhancing the historic nature and connectivity of communities; and not harming or visually undermining a visually important gap that contributes to the character and distinctiveness of the rural scene. 1 Council Ref: 3PL/2013/0584/F 2 Council Refs: 3PL/2022/1450/F and 3PL/2022/1451/F https://www.gov.uk/planning-inspectorate 2

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/24/3348723 12. The Local Plan defines infilling and rounding off. Infilling is defined as building taking place on a vacant plot in an otherwise built-up street frontage. To be considered infill within the Local Plan, a development will generally have built development along the road on either side of the site and be similar to adjacent properties in terms of its visual impact, plot size, dwelling size, floor levels and scale. 13. Rounding off is defined as the completion of an incomplete group of buildings on land which is already partially developed and in such a way which will either complete the local road pattern or define and complete the boundaries of the group. The Local Plan further advises that such rounding off should not change or distort the character or tradition of the group or the settlement in any undesirable way. 14. The Local Plan also identifies that farmsteads and sporadic small scale groups of dwellings are considered as lying in the open countryside and are not classed as small villages and hamlets. The Council advises that these, and isolated locations in the countryside, are unlikely to be considered acceptable under Policy HOU05. 15.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Taken overall the above policies are in close accord with the aims of the Framework to safeguard the intrinsic character and beauty of the countryside whilst facilitating limited rural development so as to enhance or maintain the vitality of rural communities. 16. Whilst the site is detached from Stow Bedon, following recent development it forms part of a compact group of dwellings. No definition of hamlet has been provided within the Local Plan. Given the size and layout of the cluster I consider that the grouping does form a recognisable hamlet. Whilst the land around the site may have been formerly associated with a farmstead, matters on the ground have overtaken this by virtue of the later development of the dwellings, each within separate plots. 17. Having regard to the other criteria of Policy HOU05, the proposal would fill a gap within the pattern of the cluster’s built form, having a plot similar in size to each of its neighbours to the east. In so doing it would complete the boundary around the group. It would be of a similar design, scale and use similar materials to these dwellings.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision The Council has not identified the gap between the closest of the recently built dwellings and Mere Farm Bungalow as being visually important, and I see no reason to consider it as such. 18. I thus find that the proposal would infill a gap, rounding off the built form of the hamlet. The design of the building is not harmful to its setting or jarring when considered against its neighbours. I do not consider that the addition of one dwelling would be likely to overwhelm the other dwellings of the hamlet or significantly alter the nature of the settlement. I therefore find that, in this case, the proposal would satisfy all of the criteria set out in HOU05. 19. Whilst the Council’s Officer’s Report cites that the proposal would be contrary to policy GEN01 of the Local Plan, no specific conflict with that policy has been identified by the Council. I have found that the proposal would comply with the requirements set out in policy HOU05, which itself is a policy setting out the basis on which development in the countryside is acceptable, and therefore sustainable with respect to the development plan. https://www.gov.uk/planning-inspectorate 3

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/24/3348723 20. I therefore find that the proposal would be an appropriate location for a new dwelling, having regard to local and national planning policy for housing. As such, it is in accordance with policies HOU05 and GEN01 of the Local Plan. The Protected Sites 21. There is no dispute between the parties that the site is located within the zone of influence of one or more of the European Protected Sites afforded protection under the Conservation of Habitats and Species Regulations 2017 (as amended) (the Habitat Regulations). The relevant sites in Norfolk are identified by the Council as Breckland Special Protection Area (SPA) and Breckland Special Area of Conservation (SAC), The Broads SAC and Broads SPA, Breydon Water SPA, Winterton-Horsey Dunes SAC, Great Yarmouth and North Denes SPA, North Norfolk Coast SAC, North Norfolk Coast SPA, The Wash and North Norfolk Coast SAC, Roydon Common and Dersingham Bog SAC, Roydon Common Ramsar, Dersingham Bog Ramsar, Norfolk Valley Fens SAC, The Wash SPA and The Wash Ramsar. 22. Policy ENV02 of the Local Plan seeks to protect such sites from harm and, where necessary and appropriate, secure mitigation against any adverse effect of development. 23.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision The development would increase the number of residents in the district, and so the development would, when considered in combination with other development, result in a likely significant effect on the integrity of the protected sites as a result of recreational pressures. 24. Jointly the local authorities within Norfolk have, in consultation with, and with the agreement of, Natural England have adopted the Norfolk Green Infrastructure and Recreational Impact Avoidance and Mitigation Strategy (GIRAMS) which incorporates strategic mitigation measures to be delivered to avoid adverse impacts where appropriate. 25. This provides a strategic, county wide approach to mitigating recreational pressures on the protected sites through the securing of financial contributions for access management schemes and monitoring proposals. As this is an agreed approach with Natural England the proposed development can be assessed within the context of the GIRAMS. On this basis I consider that this is an appropriate approach to mitigating identified harms. 26.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision The UU submitted by the appellants makes provision for the payment of the appropriate financial contributions and it is a matter of agreement between the parties that the UU satisfactorily addresses this matter. I have no reason to disagree. 27. I therefore conclude that there would be no adverse residual effect on the European Protected Sites and, as a consequence, the proposal is in accordance with the requirements of policy ENV02 of the Local Plan. Other Matters 28. I am aware of concerns raised by neighbours regarding the building over of a drain within the site. This, however, is a matter between the appellants and the neighbours and lies outside of the scope of this appeal. https://www.gov.uk/planning-inspectorate 4

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision The UU submitted by the appellants makes provision for the payment of the appropriate financial contributions and it is a matter of agreement between the parties that the UU satisfactorily addresses this matter. I have no reason to disagree. 27. I therefore conclude that there would be no adverse residual effect on the European Protected Sites and, as a consequence, the proposal is in accordance with the requirements of policy ENV02 of the Local Plan. Other Matters 28. I am aware of concerns raised by neighbours regarding the building over of a drain within the site. This, however, is a matter between the appellants and the neighbours and lies outside of the scope of this appeal. https://www.gov.uk/planning-inspectorate 4

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/24/3348723 29. I note the concerns of local residents that the proposal would impact adversely on Stow Bedon Mere County Wildlife Site. I have no substantive evidence before me to demonstrate such harm and I note that no concerns were raised in this regard by the Council. 30. Concerns have been raised that the granting of planning permission for this proposal would create a precedent for further development in the locality. I have determined this appeal on its own merits and any other proposal would similarly be assessed. Conditions 31. I have had regard to the various conditions suggested by the appellants, the Council and those suggested by the Local Highway Authority. I have considered these against the advice provided in the Planning Policy Guidance. 32. Condition 1 limits the time within which the development must be begun and is necessary to comply with the requirements of legislation, and to prevent the accumulation of unimplemented planning permissions. 33.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Condition 2, which identifies the approved plans in accordance with which the development must be built, is necessary to provide certainty in what this permission authorises and ensure compliance with policy COM01 of the Local Plan, which relates to achieving appropriate design of development. 34. Condition 3 sets out what is required for submission of materials, finishes and other details, so as to ensure the satisfactory appearance of the development in accordance with the aims of policies COM1, COM3 and GEN2 of the Local Plan which, together, seek to ensure that development is satisfactory in terms of its appearance. 35. To safeguard public health and to ensure that the proposal complies with Policy COM03 of the Local Plan, Conditions 4 and 5 require that an assessment be made of the potential for the land to be contaminated and, if contamination is found, a strategy to address this is provided. This assessment and strategy must be in place prior to the disturbance of the ground, or materials within the site, that could lead to the release of contaminants. The wording of Condition 4 reflects this. The appellants have agreed the necessity for this condition and its wording. 36.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Condition 6 is necessary to ensure that, should gating of the access be sought at a later date, such gates would not adversely affect highway safety. This condition ensures the safe provision of access to the development and operation of the public highway in accordance with the aims of policies COM01 and TR02 of the Local Plan. For similar reasons Condition 7 is necessary to ensure that the access to the development and parking provision within it operate safely and satisfactorily. 37. To safeguard and provide appropriate enhancement of local biodiversity, ensuring that the duties under the NPPF 2023 and s40 of the NERC Act 2006 (as amended) can be discharged by the Council, and the aims of policy ENV02 of the Local Plan are achieved, I have added Condition 8. 38. To protect the amenity of neighbours and ensure the proposal achieves good design, necessary to achieve the aims of policies COM01. COM03 and GEN02 of the Local Plan, I have included Condition 9 to deal with boundary treatment. https://www.gov.uk/planning-inspectorate 5

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/24/3348723 39. I have amended some of the requested wording of the Council’s conditions for clarity. Conclusion 40. For the reasons given above the appeal should be allowed.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer INSPECTOR https://www.gov.uk/planning-inspectorate 6

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer INSPECTOR https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/F2605/W/24/3348723 SCHEDULE OF CONDITIONS 1. The development hereby permitted shall be begun before the expiration of THREE YEARS from the date of this permission. 2. The development shall be carried out in strict accordance with the application form, and approved documents and drawings as set out below: Drg No 0129-202 Location Plan – dated Sept 2023 Drg No 0129-201D Rev D Proposed Floor Plan, Elevations and Site Plan – dated October 2023 3. No development shall take place above slab level, unless or until precise details, (including samples where required), of the materials used in the construction of the external walls and roofs of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. This condition shall apply notwithstanding any indication as to these matters that have been given in the application. The materials to be used in the development shall be in accordance with the approved details. 4. The following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved: A.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer Site Investigation A site investigation and risk assessment to determine the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) A survey of the extent, scale and nature of contamination; (ii) An assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) An appraisal of remedial options, and proposal of the preferred option(s). B. Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. https://www.gov.uk/planning-inspectorate 7

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. https://www.gov.uk/planning-inspectorate 7

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer Appeal Decision APP/F2605/W/24/3348723 C. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. The above must be conducted in accordance with Defra and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 5. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. 6. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order (2015), (or any Order revoking, amending or re- enacting that Order) no gates/bollard/chain/other means of obstruction shall be erected across the access or driveway to the property unless details have first been submitted to and approved in writing by the Local Planning Authority. 7. Prior to the first occupation of the development hereby permitted the proposed access/driveway; on-site car parking and turning area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan (0129_201 RevD) and retained thereafter available for that specific use. 8. Prior to any works above slab level, a Biodiversity Enhancement Strategy for biodiversity enhancements, shall be submitted to and approved in writing by the local planning authority.

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer The content of the Biodiversity Enhancement Strategy shall include the following: a) Purpose and conservation objectives for the proposed enhancement measures; b) Detailed designs or product descriptions to achieve stated objectives; c) Locations of proposed enhancement measures by appropriate maps and plans (where relevant); d) Persons responsible for implementing the enhancement measures; and: https://www.gov.uk/planning-inspectorate 8

Mere Farm, Stow Bedon Road, Stow Bedon, NR17 1ET — Breckland Council — I A Dyer The content of the Biodiversity Enhancement Strategy shall include the following: a) Purpose and conservation objectives for the proposed enhancement measures; b) Detailed designs or product descriptions to achieve stated objectives; c) Locations of proposed enhancement measures by appropriate maps and plans (where relevant); d) Persons responsible for implementing the enhancement measures; and: https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/F2605/W/24/3348723 e) Details of initial aftercare and long-term maintenance (where relevant). The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter. 9. Prior to any development above slab level, a plan indicating the positions, design, materials and type of boundary treatment/screening to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment/screening shall be completed before the dwelling is first occupied and retained thereafter. The development shall be carried out in its entirety in accordance with the approved details. END OF CONDITIONS https://www.gov.uk/planning-inspectorate 9