Case 3350819

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA

Rushcliffe Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
21 February 2025
Authority
Rushcliffe Borough Council
Inspector
Catchpole R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr and Mrs Wendy and Andrew Salmon
LPA reference
23/00147/FUL
ONS LPA code
E07000176
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 October 2024

Summary AI

The appeal for the retention of a summerhouse was dismissed. The inspector considered the structure's impact on the character and appearance of the area, and its compliance with the Rushcliffe Local Plan Part 2: Land and Planning Policies. The inspector found that the structure is an incongruent built form in the open countryside, and that it conflicts with policy 22 3(a) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision Site visit made on 11 February 2025 by R Catchpole BSc (hons) PhD MCIEEM IHBC an Inspector appointed by the Secretary of State Decision date: 21 February 2025 Appeal Ref: APP/P3040/W/24/3350819 Land North of Meadow Lane, Stanford on Soar, Loughborough LE12 5QA • 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 and Mrs Wendy and Andrew Salmon against the decision of Rushcliffe Borough Council. • The application reference is 23/00147/FUL. • The development proposed is the retention of a summerhouse. Decision 1. The appeal is dismissed. Preliminary Matters 2. As the proposal is in the setting of a Grade II heritage asset, known as “Stanford Bridge” (Ref: 1264647 and 1242281) and a Grade I asset known as “Church of St. John the Baptist” (Ref: 1242187), I have had special regard to 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) (the Act). Whilst Council has identified these assets, they are not grounds for its Reason for Refusal.

Page 1 · Chunk 1 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision Bearing in mind the separation distance from the Church and the temporary nature of the structure, I am satisfied that no harm has been caused to the significance of either of these assets through changes in their settings. As such, their special interest has been preserved which satisfies the requirements of the Act. 3. The proposed development has already occurred and the application has been made retrospectively. I have seen its effect and I am satisfied that it has been carried out according to the plans that have been submitted. This is the basis upon which this appeal has been determined. Main Issue 4. The main issue is the effect of the proposal on the character and appearance of the area with regard to landscape character. Reasons 5. The summerhouse is a single storey, rectangular, wooden structure which is located in the open countryside to the southwest of the small hamlet of Stanford-on-Soar. It is situated near a late 18th century packhorse bridge which crosses an overgrown and now isolated section of the River Soar which was re-directed. The site is accessed via a narrow track from the appellants’ stables which are situated off Meadow Lane. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision Appeal Decision APP/P3040/W/24/3350819 6. I observed that the summerhouse is on lower ground in comparison to the nearby pastures but that it is still clearly visible from the stables which are approximately 70 m away at their nearest point. Whilst constructed from the same materials, the separation distance is such that it appears as an isolated and incongruent structure in the open countryside rather than one that is associated with the stables. As such, it is not well integrated with the existing buildings and introduces a built form to an area that is currently devoid of any development. The light blue colour it has been painted further adds to its prominence and incongruity. 7. The appellants suggest that the development is justified because it is on the site of an alleged tollkeeper’s house, provides secure tool storage and enables wildlife watching experiences. I appreciate that a photograph of the tollkeeper’s house has been seen by the appellant but I have no other evidence before me to suggest the existence of such a structure and find this point to be unsubstantiated. 8.

Page 2 · Chunk 3 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision In terms of secure tool storage, I find this lacked justification due to the fact that I observed no evidence of any associated work being carried on either the bridge or the ‘wetland’. Moreover, I have no evidence before me to suggest that an application for listed building consent has been made which would indicate serious intent. It is also unclear why the steel frame building, less than 100 m away, would not be a more secure and suitable alternative. 9. Turning to potential wildlife watching, I note that there has been no attempt to clear vegetation from the foreground of the main elevation and that even had this been the case, any such views would still be restricted given its set back from the edge of the ‘wetland’. Moreover, the design is not analogous to a structure that is suitable for viewing wildlife, such as bird hide. Views of wildlife are typically gained from narrow viewing slots that can be opened without disturbing wildlife in such structures. The full-length glazing and location of the entrance is particularly unsuited to such activity as any movement will cause visual disturbance and condensation would also limit visibility in cold weather. 10.

Page 2 · Chunk 4 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision The appellants suggest that information on the local environment could also be kept inside the building and made available by prior arrangement to interested persons. As with the other suggestions, this falls short of justifying the reason for the structure. I therefore have insufficient evidence before me to suggest any firm intent to develop it for use as a community facility. 11. The appellants believe that the proposal is consistent with Policy 22 2(a) and 2(h) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) (the LP) because the proposed activities require a rural location. Policy 22 2(a) relates to agriculture, equestrian, forestry and other uses requiring a rural location whilst Policy 22 2(h) relates to recreation, wildlife conservation, leisure, tourism, and sports development which requires and are appropriate in a countryside location. 12. However, both these are subject to the requirements of section 3(a) which requires, among other things, that the appearance and character of the landscape is conserved and enhanced.

Page 2 · Chunk 5 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision Even if the uses of the structure were adequately substantiated and a clear alternative for the storage of tools were not present, the resulting landscape harm brings it into clear conflict with the LP. I therefore conclude that it is contrary to Policy 22 3(a) of the LP. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — Appeal Decision Even if the uses of the structure were adequately substantiated and a clear alternative for the storage of tools were not present, the resulting landscape harm brings it into clear conflict with the LP. I therefore conclude that it is contrary to Policy 22 3(a) of the LP. https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/P3040/W/24/3350819 Other Matter 13. The appellants have drawn the Trent Valley Washlands Landscape Character Area to my attention in support of their case. However, as the Council points out, the structure is actually in the Leicestershire and Nottinghamshire Wolds Landscape Character Area. The related points are therefore only of limited relevance. Conclusion 14. Given the above and considering all other matters raised, the appeal is dismissed.

Page 3 · Chunk 7 R Catchpole

Land North of Meadow Lane, Stanford on Soar, Loughborough, LE12 5QA — Rushcliffe Borough Council — R Catchpole INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶6

The summerhouse is a single storey, rectangular, wooden structure located in the open countryside, making it an isolated and incongruent structure in the area. It is not well integrated with the existing buildings and introduces a built form to an area devoid of development.

Character and appearance
Against appellant
¶7

The appellants' suggestion that the development is justified because it is on the site of an alleged tollkeeper's house is unsubstantiated, and the inspector has no evidence to support this claim.

Character and appearance
Against appellant
¶9

The design of the summerhouse is not analogous to a structure suitable for viewing wildlife, and its full-length glazing and location make it unsuited for such activity.

Conditions
Against appellant
¶8

The appellants' suggestion that the summerhouse provides secure tool storage is not justified, as there is no evidence of associated work being carried on the bridge or the 'wetland', and an application for listed building consent has not been made.

Other
Against appellant
¶10

The inspector has insufficient evidence to suggest any firm intent to develop the summerhouse for use as a community facility.

Planning obligations
Against appellant
¶12

The resulting landscape harm from the summerhouse brings it into clear conflict with the Rushcliffe Local Plan Part 2: Land and Planning Policies, even if the uses of the structure were adequately substantiated.

Policies relied on

Reference Weight
Policy 22 3(a) of the Rushcliffe Local Plan Part 2: Land and Planning Policies
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 21 February 2025 under the Open Government Licence.