Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Site visit made on 3 February 2025 by L Clark BA(HONS) DIPTP MRTPI an Inspector appointed by the Secretary of State Decision date: 4 March 2025 Appeal Ref: APP/P2935/W/24/3355135 Land southeast of The Park, Old Park Road, Swarland, Northumberland Grid References Easting: 416792, Northing:603085 • 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 Messrs Pullan & Blackshaw against the decision of Northumberland County Council. • The application Ref is 23/03421/FUL. • The development proposed is erection of 2 no. self/custom build dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The site address and grid reference listed in the banner heading are taken from the application form. The grid reference locates the site as shown on the submitted drawings which is accessed via a private track from Old Park Road. 3. The National Planning Policy Framework (the Framework) was revised in December 2024 with further minor updates in February 2025. As the changes do not materially affect the main issues in this case, the parties have not been invited to make further comment. 4.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision The appellants have requested that I consider changes that were not before the Council when it took its decision. This relates to the submission of a Landscape and Visual Appraisal Rev A – October 2024 (LVA) and Supplementary Design Information dated October 2024 Rev A. These seek to address the Council's concerns with regard to the visual impact. I have considered these taking into account the tests on Holborn Studios Ltd1. The documents contain no substantive changes and only seek to clarify concerns raised by the Council and to support the appellant's proposal. As such, no interested parties have been prejudiced in the determination of this appeal. Main Issues 5. The main issues are: • Whether the proposed dwellings would be in a suitable location with regard to the local and national development strategy; and, 1 Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin) https://www.gov.uk/planning-inspectorate

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/24/3355135 • The effect of the proposed development on the character and appearance of the open countryside. Reasons Location 6. Policy STP1 of the Northumberland Local Plan 2016 -2036 (Local Plan) sets the spatial strategy for the county. Swarland is identified as a service village within the settlement hierarchy. These third-tier settlements should provide a proportionate level of housing to support the retention of local retail, services and facilities. The policy goes on to say that development immediately adjacent to settlement boundaries may be supported provided there is no harm to the character and appearance of the settlement or the surrounding countryside. 7. Criterion (g) of Policy STP1 states, amongst other matters, that development in the open countryside will be supported where it can be demonstrated that it provides residential development in accordance with Policies HOU7 and HOU8. 8. There is no dispute that the appeal site falls outside the settlement boundary. However, the appellant contends that it is directly adjacent to it and, given its location, it cannot be considered detached.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision From the evidence before me and my observations, the majority of the appeal site and, more importantly, the location of the proposed dwellings would be outside the settlement boundary and would be within a field beyond the wooded area. Even if part of the appeal site is within the settlement boundary, the openness of the field within which the proposed dwellings would be situated and the openness of those neighbouring fields, together with the retention of the wooded area, all contribute towards the proposed dwellings appearing detached from the settlement boundary. Given my findings, in this instance Policy HOU8 is relevant. 9. There is nothing before me to demonstrate that the proposal meets criterion (a) to (d) of Policy HOU8 of the Local Plan. Criterion (e) seeks to ensure that the design is of exceptional quality, in that it is truly outstanding or innovative, reflecting the highest standards of architecture, and would help to raise the standards of design in rural areas, and would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area. Criterion (e) reflects paragraph 84 criterion e) of the Framework. 10.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision I note that the appellants have influenced the design of the proposed dwellings to meet their needs. The proposed dwellings appear to resemble a modern take on a traditional barn with large areas of glazing, which would use a muted palette of materials. The design of each dwelling would consist of two rectangles interconnected with pitched and gabled roofs and would be functional. Whilst each dwelling would incorporate a number of sustainability measures including integrated solar panels, high-value insulation, efficient heating systems and lighting, rainwater harvesting and electric charging points, these elements would not be outstanding or unduly innovative. Whilst I afford moderate benefits to the environmental merits of the scheme, there is no reference as to whether the scheme has been assessed by a design panel and I am not persuaded that the proposal would fulfil the requirements of Policy HOU8 of the Local Plan. 11. The appellants have drawn my attention to Policy HOU7. This Policy has not been relied upon by the Council in its refusal reason. I acknowledge the Council has a https://www.gov.uk/planning-inspectorate 2

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/24/3355135 duty to establish and maintain a self-build register and that the appellants are registered, with a preference for seeking plots in the Swarland Area. However, even if the proposal were to be self-build and there is an unmet demand, I do not have a completed Section 106 legal agreement to secure affordable housing in perpetuity. 12. There is no dispute between the main parties that there is a real prospect of the fallback position for the indoor riding arena Ref 18/03647/FUL being implemented and, from the information before me, I have no reason to disagree. Consequently, the fallback position is a material consideration. 13. I accept that the footprint of the fallback scheme would be significantly larger and would have a higher ridgeline than the proposed development, with a greater area of hard standing. However, the Council contend that the indoor riding arena was determined against the previous development plan and Framework. This has not been disputed by the appellants. Furthermore, even if Plot 1 of the proposed development were to be closer to the settlement boundary than the indoor riding area is not a matter of dispute. 14.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision I give weight to the fact that the fallback position would result in some change to the character and appearance of the appeal site and surrounding countryside. There is also weight in the appellants assertions that it would be built if the appeal is dismissed. Nevertheless, it would be viewed as an agricultural-style building which assimilates with the open countryside character and, as such, the overall weight is limited. 15. In contrast, the proposed development would subdivide the appeal site and introduce domestic curtilages with the placement of additional residential paraphernalia. It would encroach domesticity into the open countryside and thus impact upon its character. Given the evidence before me and my observations on site, I consider that the fallback position would not erode the character of the countryside or its surroundings to the same extent as the appeal scheme. As such, the fallback does not provide a basis for overriding the relevant development plan policies in this case or indicate that permission should be granted. 16.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Even if the proposal would accord with the legal definition of self-build, as set out in the Self-Build and Custom Housebuilding Act 2015 (as amended) (the Act), there is no enforceable mechanism before me through which matters relating to the ownership and occupation of the house could be secured. Therefore, as the delivery of self-build dwellings could not be guaranteed, it follows that the support for rural housing afforded by Policy HOU7 of the Local Plan does not apply. 17. The appellants contend that Swarland has witnessed a large growth in housing in recent years, however, I have nothing to demonstrate that any of those dwellings on Alexander Grove and Rosetta Gardens are outside the settlement boundary and in the open countryside. Furthermore, I have not been provided with the specific details of those examples within Figures 8 and 9 of their statement and, as such, I am not satisfied that the circumstances are directly comparable. The appeal scheme has been determined on its own merits, taking account of the site-specific circumstances. 18. For the reasons given above, I conclude that the location of the appeal proposal would be in conflict with Policies STP 1, STP 2, STP 3 and HOU 8 of the Local Plan.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision These collectively aim to direct development within settlement boundaries in https://www.gov.uk/planning-inspectorate 3

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision These collectively aim to direct development within settlement boundaries in https://www.gov.uk/planning-inspectorate 3

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/24/3355135 accordance with the hierarchy set out in the spatial strategy and limit development in the open countryside. It also follows that there would be conflict with the requirements of the Framework. Character and appearance 19. Swarland is a small village situated in rural surroundings. It is characterised by a cluster of properties centred around the heart of the village and a ribbon development along Park Road. A number of new residential dwellings have been developed on one side of Old Park Road which also extend into a cul-de-sac. Properties are predominantly detached dwellings set back from the road by front gardens with direct access to the road. Materials are primarily brick, stone and render. 20. The appeal site is accessed via a private track which serves the existing residential dwelling of The Park and Swarland Park Equestrian Centre. The land within which the proposed dwellings would be located is currently laid out as open grassland with trees and a mix of dense scrub and hedgerow to its boundary. The character within this area is open landscape consisting of undulating agricultural and equestrian pastures, predominantly used for grazing horses. 21.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision The LVA highlights a number of viewpoints. I have viewed the site from the majority of these and I am satisfied that I saw everything I need to assess the impact of the development. The LVA contends that the proposed property (Plot 2) would be screened by, amongst other matters, boundary vegetation and the existing wooded area in the foreground. Despite this, it acknowledges, amongst other matters, that the proposed development (Plot 1) would be just visible on the eastern edge of the wooded area to the east of The Park, and a small section of the west facades of the property (would be) evident alongside and above existing vegetation. 22. The LVA also states, that from viewpoint 1b, the topography of the field in the foreground screens the majority of the proposed built form associated with the two properties from view. However, the baseline photographs have been taken when trees are in leaf. In contrast, my site visit was undertaken when the majority of trees, both within the appeal site and those surrounding it, were without leaf. This enabled me to see into the appeal site from a number of locations including Park Road, Davison’s Obelisk/Nelson Memorial and the pond located adjacent to the retained wooded area.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Given that the trees were predominantly bare, together with the height and gaps within the scrub and hedgerow to the boundaries, I was also able to see out from the appeal site and see properties on Park Road, The Park, Low Wood and those within the Old Park Road cul-de-sac. It is therefore highly likely that views of the appeal site would be seen not only by road users but also by pedestrians and occupants of nearby properties. 23. I note that the appellants would undertake additional planting within the appeal site and actively manage the existing wooded area. Whilst the enhancement and maintenance of this area would constitute a benefit, this mitigation would do little initially to screen either of the proposed new dwellings. 24. Furthermore, whilst the appellants suggestion of additional planting to both the front and rear boundaries of the proposed development would ultimately screen the proposed dwellings, any planting would take some time to mature. During this time, the dwellings would be visible and would fail to ensure that the proposed development would be fully assimilated into its landscape setting. The prominence https://www.gov.uk/planning-inspectorate 4

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/24/3355135 of the proposed development, together with the domestic paraphernalia, would have a deleterious effect on the open character of the countryside. As such, the suggested mitigation would not outweigh the harm to the character or appearance of the countryside. 25. The LVA also contends that any glimpses of the proposed properties would be seen in the context of existing properties and built form within, or seen against a wooded area, the recent development to the south of Old Park Road. As stated above, I have found that the appeal site falls a significant distance from the existing properties on Old Park Road, beyond the wooded area and outside the settlement boundary. Whilst they could be seen in the same vista as properties on Old Park Road, given my observations, they would not be within the same context. As such, the LVA does not alter my reasoning regarding the resultant harm. 26. For the above reasons, I conclude that the proposed development would cause harm to the character and appearance of the open countryside.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision This would conflict with Policies QOP 1, ENV 1 and ENV 3 of the Local Plan, which collectively seek to ensure development conserves and enhances the landscape character. There would also be conflict with the requirements of the Framework, which recognises the intrinsic character and beauty of the countryside and seeks to ensure development is, amongst other things, sympathetic to local character, including the surrounding built environment and landscape setting. Other Matters 27. The appeal scheme before me is a resubmission of a preceding withdrawn planning application Ref 22/03586/FUL and I acknowledge the efforts the appellants have made to overcome concerns raised by the Council. However, the amendments would still result in the proposal being located outside the settlement boundary. 28. The lack of objections from Felton Parish Council and the Council's Highways and Ecology sections, together with the support from two residents on Old Park Road are neutral matters that do not outweigh or alter my conclusions on the main issues. 29. I have also noted the appellants' comments about the way the Council handled the application, but these do not go to the planning merits of the case.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision I have considered this appeal proposal on its own merits and concluded that it would cause harm for the reasons set out above. Planning Balance and Conclusion 30. The creation of two additional dwellings would support the Government’s objective of significantly boosting the supply of homes. It would also bring some limited economic benefits to the construction industry and thereafter through additional consumer spending in the local economy. However, even if the council has a shortfall in self-build housing and one of the appellants intends to reside in the smaller dwelling, I nevertheless find that two dwellings would make a limited contribution to the housing supply and the benefits would not outweigh the harm that would be caused to the character and appearance of the open countryside. I have also found the site would not accord with the spatial strategy set out in the development plan. https://www.gov.uk/planning-inspectorate 5

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/24/3355135 31. Consequently, the proposal conflicts with the development plan taken as a whole and the material considerations do not indicate a decision otherwise than in accordance with it. 32. For the reasons given above, the appeal should be dismissed.

Land South East of The Park, Old Park Road, Swarland, Northumberland, NE65 9HJ — Northumberland County Council — L Clark INSPECTOR https://www.gov.uk/planning-inspectorate 6