Case 3359643

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT

Newcastle-under-Lyme Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
26 June 2025
Authority
Newcastle-under-Lyme Borough Council
Inspector
Han U
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Minor Dwellings
Appellant
John Wright
LPA reference
24/00161/out
ONS LPA code
E07000195
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 February 2025

Summary AI

The appeal for two detached dwellings was dismissed due to the proposal conflicting with sustainable development objectives. The inspector found that the appeal site would not be served by suitable walking routes, making it unlikely to offer a safe or attractive route for future occupiers. This resulted in a significant adverse impact outweighing the benefits of the proposal.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT — Newcastle-under-Lyme Borough Council — Appeal Decision Site visit made on 9 June 2025 by U P Han BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 26 June 2025 Appeal Ref: APP/P3420/W/25/3359643 Land off Wesleyan Road, Ashley, Staffordshire TF9 4JT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Mr Wright against the decision of Newcastle-under-Lyme Borough Council. • The application Ref is 24/00161/OUT. • The development proposed is two detached dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The planning application was submitted in outline with all matters reserved for future consideration. Main Issue 3. The main issue in this appeal is whether the appeal site would be served by suitable walking routes providing access to local facilities and sustainable modes of transport. Reasons 4. The appeal site lies in open countryside and relates to a parcel of undeveloped land between Ashley Methodist Church and a dwelling on Wesleyan Road. There is an existing footpath and bridleway between the appeal site and Gravelly Hill.

Page 1 · Chunk 1 Appeal Decision

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT — Newcastle-under-Lyme Borough Council — Appeal Decision Regular bus services run along Gravelly Hill, which is close to the settlement boundary of Loggerheads. 5. An interested party has indicated that they walk on this footpath regularly, highlighting that it is a safe and pleasant route. However, the footpath is unlit, unsurfaced and relatively secluded. As a result, although it may only take five or so minutes to walk between the appeal site and the bus stops, it is unlikely to offer a safe or attractive route, particularly during hours of darkness or inclement weather. The absence of lighting, combined with the enclosed and isolated nature of the path would potentially deter use by future occupiers of the proposed development, particularly those with limited mobility or travelling alone. 6. The alternative walking routes to local facilities and bus stops would be along stretches of roads that are unlit and with no footpath in places, including Newcastle Road A53, which carries fast-moving traffic. As such, these walking routes would be unattractive or safe for pedestrians. Consequently, future occupiers would most https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT — Newcastle-under-Lyme Borough Council — Appeal Decision Appeal Decision APP/P3420/W/25/3359643 likely rely on the use of private vehicles to access everyday services, community facilities and employment. 7. For the reasons given, the appeal site would not be served by suitable walking routes providing access to local facilities and sustainable modes of transport. Accordingly, the proposal would be contrary to the sustainable development and sustainable transport objectives in paragraphs 110 and 115 of the National Planning Policy Framework (the Framework). Planning Balance and Conclusion 8. The Council submits that all the policies that are most important for determining the appeal are out-of-date. No policies are therefore cited in the Decision Notice. The Council therefore considers that paragraph 11 d) of the Framework applies. In such circumstances, permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination.

Page 2 · Chunk 3 Appeal Decision

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT — Newcastle-under-Lyme Borough Council — Appeal Decision Footnote 9 of the Framework sets out the specific policies referred to in paragraph 11 d) ii). 9. In assessing the most relevant policies referred to in Footnote 9, I find that the proposal would conflict with paragraphs 110 and 115 of the Framework. This is because the appeal site would not be served by suitable walking routes providing access to local facilities and sustainable modes of transport choices, thereby likely increasing private car transport. This is a serious shortcoming of the proposal, and I attach significant weight to this harm in the planning balance. 10. On the other hand, the proposal would deliver two additional houses, contributing to housing supply and supporting the Framework’s objective of significantly boosting the supply of homes. It would provide economic benefits during construction and in subsequent occupation. However, given the small scale of the development, the benefits would be modest and carry moderate weight in the planning balance. 11. Taking all matters into account, the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.

Page 2 · Chunk 4 Appeal Decision

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT — Newcastle-under-Lyme Borough Council — Appeal Decision As a result, the presumption in favour of sustainable development does not apply. 12. While I have no basis to find that the proposal conflicts with the development plan, material considerations, including the Framework, indicate that the appeal should be decided other than in accordance with it. For the reasons given above, the appeal should be dismissed.

Page 2 · Chunk 5 U P Han

Chapel Field part of field 3373 Wesleyan Road , Easting 375337. Northing 336732, Ashley, Market Drayton , TF9 4JT — Newcastle-under-Lyme Borough Council — U P Han INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Highway safety
Against appellant
¶5

The footpath is unlit, unsurfaced, and relatively secluded, making it unlikely to offer a safe or attractive route, particularly during hours of darkness or inclement weather.

Highway safety
Against appellant
¶6

Alternative walking routes would be along stretches of roads that are unlit and with no footpath in places, making them unattractive or safe for pedestrians.

Other
Against appellant
¶7

Future occupiers would likely rely on private vehicles to access everyday services, community facilities, and employment due to the lack of suitable walking routes.

Planning obligations
Neutral
¶9

The proposal conflicts with paragraphs 110 and 115 of the National Planning Policy Framework, as it would not be served by suitable walking routes providing access to local facilities and sustainable modes of transport.

Policies relied on

Reference Weight
NPPF 110
Determinative
NPPF 115
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 26 June 2025 under the Open Government Licence.