Case 3359576

Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN

East Lindsey District Council — appeal dismissed

Outcome
Dismissed
Decision date
5 June 2025
Authority
East Lindsey District Council
Inspector
Hartley S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr John Hough
LPA reference
S/051/00854/24
ONS LPA code
E07000137
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 February 2025

Summary AI

The appeal was dismissed due to the proposed development's location being unsustainable and conflicting with development plan policies. The development would not meet the requirements of CS policies SP1 to SP4, SP8, and chapter 2 of the Framework. The inspector also considered the impact on biodiversity, but did not need to consult further on this matter as the appeal was refused on other grounds.

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

PDF text

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council Appeal Decision Site visit made on 30 May 2025 by S Hartley BA(Hons) Dist.TP (Manc) DMS MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 05 June 2025 Appeal Ref: APP/D2510/W/25/3359576 Bridgewood, Fendyke Road, Firsby, PE23 5QJ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr John Hough against the decision of East Lindsey District Council. • The application reference is S/051/00854/24. • The development proposed is for the erection of a single storey affordable residential dwelling. Decision 1. The appeal is dismissed. Procedural Matters 2. While I have used the appellant’s description for the proposed development in the banner, the description by the local planning authority (LPA) also includes the provision of a vehicular access and which I have considered as part of the appeal proposal. 3.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council While the development is described as being for an affordable dwelling, the appellant clarifies this by noting that it would be affordable to construct, low on running costs, would meet his own needs and which would allow him to remain in the community within which he has lived for many years. Nevertheless, a draft planning obligation is submitted with the appeal to the effect that any future sale of the dwelling would be limited to 80% of its full market value, but it is unsigned. 4. Although not before the LPA at the time of their decision, the appellant has submitted an ecological assessment report with the appeal. The LPA and interested parties have had the opportunity to submit comments upon it and In these circumstances, I am satisfied that my consideration of it would cause no injustice to any party by my consideration of it as part of the appeal documentation. 5. The National Planning Policy Framework was revised in December 2024 and amended on 7 February 2025 to correct cross references from footnotes 7 and 8, and to amend the end of the first sentence of paragraph 155 to make its intent clear.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council The 2025 Framework (the Framework) has not materially changed in terms of the identified main issue below and therefore, it has not been necessary for me to seek comments from the main parties. https://www.gov.uk/planning-inspectorate

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council The 2025 Framework (the Framework) has not materially changed in terms of the identified main issue below and therefore, it has not been necessary for me to seek comments from the main parties. https://www.gov.uk/planning-inspectorate

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council Appeal Decision APP/D2510/W/25/3359576 Main Issues 6. The main issues are (i) whether the proposal accords with development plan policies relating to the location of residential development in the area and (ii) the effect of the proposal upon biodiversity. Reasons Locational sustainability 7. The appeal proposal is for a small bungalow of approximately 79m2 in size, situated in a rural location near to the small hamlet of Firsby which includes a handful of dwellings, and from which the proposed dwelling would be separated from them, within woodland. 8. The East Lindsey Core Strategy 2018 (CS) policy SP1 establishes a hierarchy of settlements for development purposes, including towns, large then medium and then small villages. Hamlets and isolated groups of houses are included in hierarchical terms as ‘open countryside’. Firsby is a small hamlet which is not a named settlement in the policy. Moreover, the proposed dwelling would be separated from the cluster of buildings in the hamlet and can best be described as being sited in an isolated location in the countryside. 9. The CS seeks to promote new development according to the above hierarchy of named settlements.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council Policy SP9 does allow new housing elsewhere subject to certain conditions, one of which is when there is clear evidence of a local need, to be drawn from the Council’s Housing Register and from housing need assessments. 10. The appellant considers that he cannot afford to purchase any property within the parish and that the lesser cost of constructing a dwelling as proposed meets the needs exception to policy SP9. However, I have no evidence before me relating to the Council’s Housing Register or the appellant’s inclusion in it, nor to any wider housing assessment relating to need. 11. In addition, I have no corroborating evidence before me relating to local house prices or indeed to the personal financial circumstances of the appellant, nor to whether more affordable house prices might be found elsewhere, or whether renting might be a viable option. Therefore, I only attach limited weight to this matter in the decision making process. 12. The appellant notes that CS policy supports single plot development for affordable housing in the medium and small villages. However, Firsby is not classed as either of these. 13. The Framework permits isolated housing in the countryside where the design is of an exceptional quality.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council While the appellant considers that the proposed design with its grass roof meets this criterion, I do not consider that it meets the exceptional quality test, or that it would help to raise standards of design. 14. The appellant considers that the proposed dwelling would not be isolated when considered in the context of the Braintree judgement1 and its location in relation to 1 Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (Admin) https://www.gov.uk/planning-inspectorate 2

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council While the appellant considers that the proposed design with its grass roof meets this criterion, I do not consider that it meets the exceptional quality test, or that it would help to raise standards of design. 14. The appellant considers that the proposed dwelling would not be isolated when considered in the context of the Braintree judgement1 and its location in relation to 1 Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (Admin) https://www.gov.uk/planning-inspectorate 2

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council Appeal Decision APP/D2510/W/25/3359576 other buildings and people. However, it is set apart from existing development, even if, as the appellant asserts, that Firsby should be considered to include both ‘new’ Firsby and ‘old Firsby’ which are separated from each other. 15. Moreover, while the appellant considers that it would be within a 2km walking radius of facilities and services, a 5km similar radius for cyclists, and within 5km of a railway station. However the LPA refers to the general absence of footpaths and lighting for such journeys. Furthermore, I have no details of the ‘call connect’ bus service which serves the various settlements in the area and to which the appellant refers. 16. I have taken into account that paragraph 110 of the Framework notes that opportunities to maximise sustainable transport solutions will vary between urban and rural areas, and that this should be taken into account in decision-making. 17. Taking all of the above matters into account, I conclude that the proposed development would not be in a sustainable location and therefore would be contrary in this regard to the requirements of CS policies SP1 to SP4, to policy SP8 and to chapter 2 of the Framework. Biodiversity 18.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council While no ecological assessment of the impact of the proposed development was submitted at the application stage, despite the LPA’s request at that time, an ecological assessment is submitted with the appeal and which recommends that any effect could be adequately mitigated by conditions. The LPA considers that ‘the mitigation measures and recommendations made within that document cannot be adequately secured via condition’, though it does not elaborate why that should be the case. However, as I am refusing the appeal on other grounds, I have not needed to consult the parties further on this matter. Other Considerations 19. The appellant has submitted with the appeal a draft planning obligation (i.e. a unilateral undertaking) to the effect that the dwelling if sold, would be limited in value to 80% of its full market value. However, I have no comments before me from the LPA as to the acceptability of its content, but, in any event, the planning obligation is not signed and, in this regard it has no effect. 20.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council The appellant has referred to the requirement of the Framework for Councils to provide a sufficient supply of homes, though I have no details before me to suggest that the LPA is failing to meet its housing supply requirements. 21. I accept that the occupants of the proposed dwelling would help to sustain the vitality, services and facilities of the rural community around it, but the additional benefit of one additional household would be limited in social and economic terms. 22. These additional considerations, neither individually nor collectively, outweigh my conclusions upon the main matters. Planning Balance and Conclusion 23. There are no material planning considerations that indicate that the application should be determined other than in accordance with the development plan. Even if evidence had been submitted to show that the LPA could not demonstrate a five https://www.gov.uk/planning-inspectorate 3

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council Appeal Decision APP/D2510/W/25/3359576 year supply of deliverable housing sites, I would have concluded that the identified adverse impacts arising from the development, including the conflict with development plan policies, would not have been outweighed by the benefits of the proposal when assessed against the policies in the Framework taken as a whole. Therefore, the appeal should be dismissed.

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Bridgewood, Fendyke Lane, Firsby, Lincolnshire, PE23 5QN — East Lindsey District Council — S. Hartley INSPECTOR https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Living conditions
Against appellant
¶10

The inspector had no evidence of the Council's Housing Register or the appellant's inclusion in it, nor of local house prices or the appellant's personal financial circumstances. Therefore, the inspector only attached limited weight to this matter.

Living conditions
Against appellant
¶13

The inspector did not consider that the proposed design with its grass roof met the exceptional quality test, or that it would help to raise standards of design.

Living conditions
Against appellant
¶15

The inspector had no details of the 'call connect' bus service, and the LPA referred to the general absence of footpaths and lighting for journeys to facilities and services.

Ecology and biodiversity
Against appellant
¶18

The inspector considered that the mitigation measures and recommendations in the ecological assessment could not be adequately secured via condition, although this was not necessary to decide as the appeal was refused on other grounds.

Living conditions
Neutral
¶21

The inspector accepted that the occupants of the proposed dwelling would help to sustain the vitality, services and facilities of the rural community around it, but considered the additional benefit of one additional household would be limited in social and economic terms.

Policies relied on

Reference Weight
NPPF 208
Moderate
East Lindsey Core Strategy 2018 (CS) policy SP1
Substantial
East Lindsey Core Strategy 2018 (CS) policy SP9
Limited
Framework paragraph 110
Limited

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 5 June 2025 under the Open Government Licence.