Case 3359687

Oakfield Stables, Oak Lane, Coventry, CV5 9BY

Coventry City Council — appeal allowed

Outcome
Allowed
Decision date
29 July 2025
Authority
Coventry City Council
Inspector
Billings C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Eamon Spain
LPA reference
PL/2024/0001735/FUL
ONS LPA code
E08000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 February 2025

Summary AI

The appeal was allowed because the proposed development met the exception under paragraph 154 c) of the National Planning Policy Framework. The proposed rear extension and change of use of land from agriculture to residential curtilage did not represent inappropriate development in the Green Belt.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision Site visit made on 2 July 2025 by C Billings BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 29th July 2025 Appeal Ref: APP/U4610/W/25/3359687 Oakfield Stables, Oak Lane, Allesley, Coventry CV5 9BY • 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 Eamon Spain against the decision of Coventry City Council. • The application Ref is PL/2024/0001735/FUL. • The development proposed is change of use of land from agriculture to residential curtilage and erection of rear extension to existing house. Decision 1. The appeal is allowed and planning permission is granted for the change of use of land from agriculture to residential curtilage and erection of rear extension to existing house at Oakfield Stables, Oak Lane, Allesley, Coventry CV5 9BY in accordance with the terms of the application, Ref PL/2024/0001735/FUL, subject to the conditions in the attached schedule. Main Issues 2.

Page 1 · Chunk 1 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision The main issues are whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and relevant development plan policies and, if inappropriate, whether any harm by reason of inappropriateness, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal. Reasons 3. The land to the rear of the existing dwelling is currently part of an area of overgrown land, enclosed by a post and rail fence, with paddock areas and a stable block beyond. The plan included with the certificate of lawfulness, Council ref. PL/2023/0000798/LDCE, granted for the appeal dwelling is tightly drawn around the dwellinghouse and includes its access thereto. Therefore, the proposed rear extension would extend onto land at the rear which does not form part of the residential amenity garden area of the dwellinghouse and thereby, it would encroach into the open countryside. 4. It is undisputed by the main parties that the scale of the proposed rear extension and pitched roof, would not represent disproportionate additions over and above the size of the original building.

Page 1 · Chunk 2 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision Having regard to the evidence provided, I have no reason to come to a different conclusion on such. Therefore, the exception to inappropriate development in the Green Belt under paragraph 154 c) of the National Planning Policy Framework (the Framework) would apply to the proposal. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision Having regard to the evidence provided, I have no reason to come to a different conclusion on such. Therefore, the exception to inappropriate development in the Green Belt under paragraph 154 c) of the National Planning Policy Framework (the Framework) would apply to the proposal. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/25/3359687 5. With regard to the proposed change of use of the land to residential, paragraph 154 h) allows as an exception to inappropriate development in the Green Belt other forms of development, provided they preserve its openness and do not conflict with the purposes of including land within it. This includes under part h) v material changes in the use of land (such as changes of use for outdoor sport and recreation, or for cemeteries and burial grounds). 6. The proposed development would not fall within one of the types of use cited under h) v and, the extension would extend built form onto current open land and so, arguably would not preserve the openness of the Green Belt in spatial terms. Notwithstanding such, having regard to the purposes of the Green Belt set out in the Framework and the evidence provided, the proposed modest extension of the residential property, including the change of use of the small area of land, would not result in the unrestricted sprawl of large built-up areas or cause neighbouring towns to merge with one another.

Page 2 · Chunk 5 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision There would be no harm caused to the preservation of the setting and special character of historic towns and the proposal would not affect urban regeneration, nor discourage the recycling of derelict or other urban land. 7. Also, although the proposal would result in built form extending onto open agricultural land, due to the fairly enclosed nature of the piece of land and that such encroachment would be modest in area, this would not be harmful to the essential characteristics of the Green Belt. Therefore, it has not been demonstrated that the proposal would conflict with the purposes of the Green Belt. 8. However, even if the proposal would not meet the exception under paragraph 154, part h) of the Framework, it would meet the exception under part c). Paragraph 154 sets out that only one1 exception needs to be met and furthermore, as exception c) applies and this does not have a specific requirement to consider the effect on openness, the impact on openness is not a determinative factor in gauging inappropriateness in respect of the appeal proposal. 9.

Page 2 · Chunk 6 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision Consequently, the proposal is not inappropriate development in the Green Belt having regard to the Framework and so, there would be no conflict with Policy GB1 of the Coventry Local Plan, which requires development proposals in the Green Belt to be assessed in relation to the relevant national planning policy. 10. In view of my findings that the proposal is not inappropriate development, it is not necessary for me to consider any other considerations. Conditions 11. Having regard to the advice contained within the Planning Practice Guidance and the National Planning Policy Framework, I have considered the conditions suggested by the Council. The appellant had opportunity to comment on such as part of the appeal process and raises no concerns with them. In addition to the standard implementation condition, it would be necessary in the interests of certainty to define the plans with which the scheme should accord. 12. The Council recommend a condition that the facing and roofing materials of the proposed development are of similar appearance to the exterior of the existing building. It would be appropriate and necessary to protect the character and 1 My emphasis. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/25/3359687 appearance of the dwelling and the surrounding area that the facing materials match that on the existing dwelling. However, as the existing building has a flat roof and a pitched roof is proposed, different materials would likely be used for the new roof. Also, no details of external materials have been included on the proposed plans. Therefore, to ensure no harm is caused to the character and appearance of the existing building and surrounding rural area, it would be necessary that appropriate subdued coloured external materials are used on the new pitched roof. Details of such, would need to be first submitted to and agreed in writing with the local planning authority before the new roof is constructed. Conclusion 13. For the reasons given above, the appeal would accord with the development plan read as a whole and there are no material considerations that indicate otherwise. Accordingly, the appeal is allowed.

Page 3 · Chunk 8 C Billings

Oakfield Stables, Oak Lane, Coventry, CV5 9BY — Coventry City Council — C Billings INSPECTOR Schedule of Conditions 1. The development hereby permitted shall begin not later than three years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following plans: Location Plan & Block Plan, drawing no. 177/01-A and Proposed floor plans & elevations, drawing no. 177/03-A. 3. No development hereby approved shall be carried out above eaves level, until details of the external materials of the proposed pitched roof, including the materials and colour of such, have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details and maintained as such for the lifetime of the development. 4. The external materials of the walls of the extension hereby permitted shall match those used in the existing dwelling. End of Schedule https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Green belt
Against appellant
¶2

The proposal would not be inappropriate development in the Green Belt, as it met the exception under paragraph 154 c) of the National Planning Policy Framework.

Green belt
Against appellant
¶5

The proposal would not conflict with the purposes of the Green Belt, as it would not result in the unrestricted sprawl of large built-up areas or cause neighbouring towns to merge with one another.

Green belt
Against appellant
¶7

The encroachment of built form onto open agricultural land would not be harmful to the essential characteristics of the Green Belt, as it would be modest in area and the piece of land is fairly enclosed.

Green belt
For appellant
¶8

The proposal would meet the exception under paragraph 154, part h) of the Framework.

Planning obligations
For appellant
¶11

The conditions suggested by the Council were considered, and no concerns were raised by the appellant.

Conditions
For appellant
¶12

The Council's recommended condition regarding the facing and roofing materials of the proposed development was considered necessary to protect the character and appearance of the existing building and surrounding area.

Policies relied on

Reference Weight
NPPF 154 c)
Determinative
NPPF 154 h)
Substantial
Coventry Local Plan GB1
Moderate

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 29 July 2025 under the Open Government Licence.