Land West of Bull Ring Farm Road, Harbury, CV33 9HJ
Stratford-on-Avon District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 10 December 2025
- Authority
- Stratford-on-Avon District Council
- Inspector
- Townend K
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Minor Dwellings
- Appellant
- Build 1 Ltd
- LPA reference
- 23/02336/OUT
- ONS LPA code
- E07000221
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 2 April 2025
Summary AI
The inspector allowed the appeal for outline planning permission for up to 5 self-build/custom-build dwellings at Land West of Bull Ring Farm Road, Harbury, Warwickshire CV33 9HJ, subject to conditions. The decision was based on material considerations, including the National Planning Policy Framework, which outweighed the harm from the conflict with the development plan. The inspector also considered the impact on the character and appearance of the area, but found that the harm would be limited and outweighed by the benefits of the development.
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Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Site visit made on 18 November 2025 by K Townend BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 10 December 2025 Appeal Ref: APP/J3720/W/25/3363122 Land West of Bull Ring Farm Road, Harbury, Warwickshire CV33 9HJ • 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 on behalf of Build 1 Ltd against the decision of Stratford-on-Avon District Council. • The application Ref is 23/02336/OUT. • The development proposed is outline application with all matters reserved, with the exception of access and layout, for up to 5no. self-build/custom-build dwellings. Decision 1. The appeal is allowed, and planning permission is granted for outline application with all matters reserved, with the exception of access and layout, for up to 5no. self-build/custom-build dwellings at Land West of Bull Ring Farm Road, Harbury, Warwickshire CV33 9HJ in accordance with the terms of the application, Ref 23/02336/OUT, subject to the conditions in the attached schedule. Preliminary Matters 2. The description of development as detailed on the application form was for 6no.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision self-build/custom-build dwellings. However, I have been provided with evidence that the appellant amended the scheme and the plans before me also propose five dwellings. I have, therefore, assessed the proposal as described in the banner above. 3. The planning application was submitted in outline with approval sought for access and layout. The matters of appearance, scale, and landscaping are reserved for later and I have determined the appeal on this basis. I have had regard to the indicative plot plan context layout option A (drawing 001 2303A) but only as far as it is an illustrative indication of the appearance and size of the five dwellings proposed. 4. A signed Unilateral Undertaking has been submitted with the appeal in respect of ensuring the proposed dwellings are provided as self-build units. This is a matter to which I will return. Main Issues 5. The main issues are: • whether the proposed development would provide a suitable location for housing, having regard to the development strategy for the area; and • the effect of the development on the character and appearance of the area. https://www.gov.uk/planning-inspectorate
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 Reasons Settlement strategy 6. The appeal site is part of a larger grassed field. It lies outside but next to the settlement boundary for Harbury as identified in the Harbury and Deppers Bridge Neighbourhood Development Plan 2018-2031 (the NDP) and is, for planning purposes, considered to be within open countryside. Policy AS.10 of the Stratford- on-Avon District Core Strategy 2011-2031 (the CS) is the key policy for consideration of housing development outside of the defined built-up areas. The policy supports small-scale schemes for housing to meet identified needs on land within or adjacent to a village. However, I have not been provided with any compelling evidence that the appeal proposal is for an identified need, even though it is for self-build plots. AS.10 also allows for small-scale housing schemes within the built-up area or within the physical confines of the village. As the appeal site lies beyond the defined built-up area, as identified by the development boundary in the NDP, the proposal would fail to comply with Policy AS.10. 7. Policy H.01 of the NDP supports new housing within the settlement boundary.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Policy H.02 seeks to limit new housing development in areas considered as open countryside and the proposal would not fall within any of the limited forms of development set out as exceptions to the policy. 8. For the above reasons, the proposal would not provide a suitable location for housing, having regard to the development strategy for the area and would be contrary to Policy AS.10 of the CS and Policies H.01 and H.02 of the NDP. 9. Both main parties have drawn my attention to Policies SAP.6 and SAP.7 of the emerging Stratford-on-Avon Site Allocations Plan, June 2022 (the SAP), which supports the principle of self-build and custom-build dwellings including small groups of plots adjacent to settlements to meet local need. However, the SAP is at an early stage and the Council has confirmed that there are outstanding objections to it. Moreover, I have no certainty as to when the SAP is likely to be adopted. I, therefore, have only given very limited weight to the policies in the SAP. Character and appearance 10. The appeal site is currently part of the open countryside and part of the mosaic of fields, paddocks and other green infrastructure that surrounds the village.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision It is, therefore, part of the green infrastructure within the parish that Policies H.06 and H.10 of the NDP seek to maintain and enhance. Although it does not contribute directly to tourism it does contribute positively to the character of the area by being one of the green areas that extend into the village and provides both a green corridor and views from the village to the countryside. It is, therefore, positive for tourism and recreation. Even though it is not one of the identified significant views set out in the NDP, the appeal site is part of the countryside and the landscape setting of the village. 11. There are houses on Bull Ring Farm Road, next to and opposite the appeal site and houses and community facilities on High Street. The houses around the appeal site generally follow a linear arrangement fronting the roads. A large garden sits between the appeal site and Mill Lane and there are open fields to the north. The appeal site is both part of the countryside around the village and also enclosed by existing built development on at least two sides. It represents the https://www.gov.uk/planning-inspectorate 2
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 starting point of the transition from the built-up part of Harbury to the open countryside around the village and this is the local context for the site, which currently contributes positively to the character and appearance of the area. 12. It is within the Lias Village Farmlands character area. The submitted Landscape and Visual Impact Assessment (the LVIA) accepts that the development would result in adverse effects on the landscape and the setting of the village but that the effect would be reduced over time as the proposed landscaping matures. 13. There would be views of the proposed development from the surrounding houses and the Scout Hut. Views from most of Bull Ring Farm Road would be limited due to the roadside hedge. However, the development would be highly visible from the access to the site and it would be seen as a cul-de-sac off Bull Ring Farm Road. It would, therefore, be out of keeping with the context of the immediate setting and the surrounding built form of road fronting houses. 14. Longer distance views are restricted by existing built development, landscaping, and the topography.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision I walked the footpath near the railway line and, in my judgement, the development would not be prominent from this viewpoint due to the existing landscaping. Moreover, any views would be read alongside the existing village. Nevertheless, even with additional landscaping and the retention of existing landscaping, the development would be visible from Bull Ring Farm Road and, to a lesser extent, the wider area. The proposed development would introduce built form into what is currently a semi-rural setting, result in the loss of the openness of the site and modify the edge of the settlement. The development would, therefore, be contrary to Policies CS.5 and CS.9 of the CS. 15. As noted by the Inspector for the 2023 appeal on the same site, it is not necessary for a development to replicate exactly the surrounding pattern of development and that change is not necessarily detrimental. Nevertheless, proposals must take account of the surrounding context and respond to it in a sympathetic way in order to effectively integrate with it. 16. The proposal would, in planning policy terms, result in encroachment into the countryside and the sub-urbanisation of a currently undeveloped field.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision The development would dilute the settlement pattern and harm the open countryside. The introduction of housing onto the appeal site would harm the character and appearance of the village by reason of loss of the openness, loss of the green space, which forms part of the open countryside around the village, and through the visual impact of the housing on views from the road. 17. The appeal proposal would, therefore, be harmful to the character and appearance of the village and be contrary to Policies CS.5 and CS.9 of the CS. Collectively, and amongst other matters, these policies seek to maintain the landscape character and quality of the district, require development to have regard to local distinctiveness, minimise visual impacts, be of high quality, and integrate with its context. 18. For the same reasons, the proposal would also be contrary to Policies H.06 and H.10 of the NDP which, taken together, seek to maintain and enhance the mosaic of paths, paddocks, fields and other green infrastructure within the parish, and conserve and enhance the natural landscape features. https://www.gov.uk/planning-inspectorate 3
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 Other Matters 19. The appeal site lies outside but next to the Harbury Conservation Area (the CA). As far as it is relevant to the appeal, I consider that the significance of the CA is mainly derived from the historical layout, design, and form of the traditional buildings within the core of the village. More modern developments sit directly next to the appeal site, within the CA. 20. The main views of the appeal site towards the CA would be appreciated from Bull Ring Farm Road. The proposed layout provides one plot next to and in line with the more modern house next to the site. The set back of this plot from the road and the proposed area of wildflower meadow would soften the appearance from the road. The other four plots would be sited further back into the site and new landscaping is proposed that would also reduce the visual effect on the views of the CA. The development would be read alongside the other more modern house on the edge of the site. The proposed layout and indicative landscaping would, therefore, result in the proposal having a neutral effect on the setting of the CA.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision My decision on this matter is consistent with the Inspector on the previous appeal at the site which, although for a larger scale development, would have had a similar effect when seen from Bull Ring Farm Road. 21. Harbury contains a number of listed buildings, most of which are some distance from the appeal site or separated by intervening buildings and landscaping. The nearest to the appeal site is Harbury Windmill, which is Grade II and I saw that the appeal site can be seen from the Windmill and the tower can be seen from the site. Mindful of the statutory duty set out in s66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, I have had regard to the desirability of preserving the setting of the listed building. 22. The Windmill is a significant building, providing a focal point for the village. Nevertheless, the setting of the Windmill already includes residential dwellings and other buildings. The appeal proposal would, therefore, not adversely affect the listed building or its setting, even though it would be seen in views with the tower. 23.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Consequently, I find that the appeal proposal would not affect the setting of the listed building or the significance that the setting makes to the heritage asset or how it is appreciated. For these reasons, I find no harm to the setting of the designated heritage asset and the appeal proposal would preserve the setting of the listed building. I have had regard to the Act as detailed above. 24. The proposal would provide five additional self-build plots. The Housing and Planning Act 2016 sets out that local planning authorities have a duty to grant planning permission in respect of enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority’s area arising in each base period. 25. The Council’s evidence suggests that they have an over-supply of self/custom build plots. However, the appellant has challenged this. Moreover, the Council has confirmed that there was a requirement for additional plots to be provided by October 2025 and I have no compelling evidence before me that they have achieved this.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Even if I accept that the Council does not have a shortfall, the demand figure is not a maximum and it is likely to continue to increase in the future base periods and there is little evidence that all of the permissions granted to date would be built out. The provision of five additional units of this type would accord https://www.gov.uk/planning-inspectorate 4
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Even if I accept that the Council does not have a shortfall, the demand figure is not a maximum and it is likely to continue to increase in the future base periods and there is little evidence that all of the permissions granted to date would be built out. The provision of five additional units of this type would accord https://www.gov.uk/planning-inspectorate 4
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 with the National Planning Policy Framework (the Framework) through providing housing for people wishing to commission or build their own homes and is, therefore, given significant weight. 26. A completed Unilateral Undertaking (UU) has been provided by the appellant to bind the construction of the proposed dwellings as self-build units. Following amendments, the UU now complies with the statutory tests and I am satisfied that the agreement would provide sufficient assurance in binding the self-build method of construction. 27. The issues of overlooking, loss of light and overshadowing to neighbouring properties would need to be fully considered at the reserved matters stage. However, even though I noted the neighbouring house has numerous openings facing towards the site, I find that the appeal site is of sufficient size to accommodate five dwellings and that a scheme could be designed so as to not cause unacceptable adverse effects on the living conditions of the occupiers of neighbouring properties. I also saw that the Scout Hut has windows facing towards the proposed development. However, these are high level windows which would limit any overlooking. 28.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision The proposed development would need to ensure that the houses are safe from flooding and ensure that it would not increase flood risk elsewhere. The drainage details would be secured by condition. Biodiversity improvements would be provided as part of the proposal and I have no compelling evidence that the development would adversely affect statutorily protected species. 29. I accept that Bull Ring Farm Road does not currently have any pavements and that the road is narrow. Nevertheless, the appeal site is a short distance from the junction of Bull Ring Farm Road with Church Terrace where a pavement is available that would provide access to the services and facilities within the village. The appeal site is only a short walk from the village core and I saw that Harbury has a range of services and facilities for local residents. Moreover, the section of Bull Ring Farm Road to the appeal site is also relatively straight and wide enough that a pedestrian would be able to see an oncoming vehicle and wait at the side of the road. I also note that Bull Ring Farm Road serves as a walking route to public rights of way around the village.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision I, therefore, find that the appeal site is in a suitable and safe location when considering its accessibility to the village on foot. Planning Balance 30. Following a recent appeal decision the Council has accepted that it is not currently able to demonstrate a five-year housing land supply. The NDP was made in November 2018 and amended in September 2020. Accordingly, paragraph 14 of the Framework does not apply as the NDP became part of the development plan more than five years ago. Paragraph 11d) of the Framework therefore applies. 31. Policies AS.10, CS.15 and CS.16 of the CS and Policies H.01 and H.02 of the NDP are the most relevant in considering the proposal. Although Policy H.02 of the NDP takes a more restrictive approach to development in the countryside than the Framework it is broadly consistent with the Framework as a whole in seeking to enhance the natural and local environment and recognising the intrinsic character and beauty of the countryside. Policy AS.10 of the CS and Policy H.01 of the NDP are also broadly consistent with the Framework in seeking to limit development in the countryside. Policies CS.15 and CS.16 of the CS set the settlement hierarchy https://www.gov.uk/planning-inspectorate 5
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 and housing requirement for the area and are also broadly consistent with the Framework. Nevertheless, the weight to be given to the policies is reduced due to the lack of a five year housing land supply. The proposed development would conflict with the development plan as a whole. 32. The proposal would also harm the character of the area, not reflect the road fronting layout of the houses in the immediate area, and result in built development on a green area that forms part of the countryside around and extending into the village. However, the appeal before me, albeit for outline planning permission, is for a scale of development that would relate well to the existing village. Although it would provide a cul-de-sac near to the historic core of the village, I saw that these forms of housing are already a significant part of the wider village character. Moreover, the scheme would not extend any further along Bull Ring Farm Road than the existing buildings on the opposite side of the road.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision For these reasons, it would be possible to develop the site in a form that would not substantially alter the character and appearance of the village as a whole and would appear as a natural extension to the village, similar to other, allocated, sites. 33. It would also be possible to provide designs, at reserved matters, which would reflect the character and distinctiveness of the village and fit in with the surrounding development, albeit proposing a new cul-de-sac. The submitted Plot Passports and Design Code provide parameters to ensure that the development would be appropriate to its context, limit the palette of materials and give coherence to the overall design. Moreover, the proposal would, through providing additional planting, enhance the landscape. 34. The harm would be limited due to the limited views of the site and that the development would not significantly alter the character of the village. The visual harm of the proposal would, therefore, be localised. Consequently, the harm to the character and appearance of the area would be limited and I give moderate weight to this matter. For the above reasons, I have also found no harm to the Conservation Area or the setting of nearby Listed Buildings.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision The public benefits of the development also outweigh the harm to the non-designated heritage asset resulting from the loss of the ridge and furrow field. 35. The proposal would accord with the Framework aims of boosting the supply of housing, recognising the contribution small sites can make to meeting the housing requirement of an area, supporting the rural economy, and recognising the need for self/custom build housing. Moreover, the proposal would also provide economic benefits both during and post construction and is in a location that is close to the services and facilities in the village. I afford significant weight to the provision of these new houses. 36. For the above reasons, I find that the harm from the conflict with the development plan and the harm to the character of the area would not significantly and demonstrably outweigh the benefits that would arise from the development, when assessed against the policies in the Framework, taken as a whole. Accordingly, there are material considerations, which indicate a decision should be taken other than in accordance with the development plan.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision For that reason, the proposal would comply with the penultimate paragraph of Policy AS.10 of the CS in that the development is fully justified and offers significant benefits. https://www.gov.uk/planning-inspectorate 6
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision For that reason, the proposal would comply with the penultimate paragraph of Policy AS.10 of the CS in that the development is fully justified and offers significant benefits. https://www.gov.uk/planning-inspectorate 6
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 Conditions 37. The Council has provided a list of conditions and the appellant has had an opportunity to comment on this. I have considered them in light of the Framework and Planning Practice Guidance, and I have undertaken some minor editing and rationalisation in the interests of precision and clarity. I have also altered the order of the conditions so that any conditions that require details to be submitted prior to commencement are at the beginning of the list, followed by conditions requiring information prior to occupation. 38. The Council has recommended that the reserved matters application shall be made within five years of the date of the permission. However, I have not been provided with any compelling reason for this condition to be longer than the standard three years provided in the legislation. I have, therefore, amended this condition to reflect the legislation. 39. In the interests of proper planning, I have imposed conditions to require the layout to be in accordance with the submitted plans and for the reserved matters applications to follow the principles set out in the Design Code and Plot Passports.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Although landscaping is a reserved matter, I have imposed a condition to require the first reserved matters application to include details of the hard and soft landscaping for the shared areas, so as to ensure that the development is appropriate for the context and character of the area. 40. A condition to require the houses to be constructed in accordance with the definition of self-build housing is not required as this is secured through the UU. Moreover, the definition of the development, as up to five dwellings, would ensure that the scheme is limited to a maximum of five houses and, therefore, a separate condition for this is not necessary. 41. To ensure that the development respects the ground levels and heights of the surrounding area, in the interests of the character and appearance of the village, I have imposed a condition to require the submission of the details of the existing and finished levels. I have also imposed a condition to require the details of the foul and surface water drainage to be submitted for approval to ensure that the development is provided with appropriate drainage and to reduce the risk of increasing surface water flooding. 42.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Conditions to secure a contamination survey and remediation works are necessary and reasonable to minimise the risk of contamination affecting the future occupants or the wider area. However, given the scale of the development and that I have no evidence that the site is contaminated, I have simplified the Council’s recommended conditions. 43. Due to the nature of the access to the site, through a one-way system in the village, and due to the lack of on-street parking in the area, a condition to require a construction method statement is reasonable, even though the proposal is for a small-scale development. It is also reasonable and necessary to secure a construction and ecological management plan to ensure that the development of the site would not adversely affect retained habitat. 44. I consider it is wholly reasonable and relevant to require the services to be provided to each plot as the appeal relates to a development for self-build dwellings and it is, therefore, the developer’s responsibility to ensure that each plot https://www.gov.uk/planning-inspectorate 7
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3363122 is provided with appropriate access to services. It is also necessary to ensure that the development, as a whole, is provided with facilities for firefighting. 45. The access to the appeal site is approved as part of this outline application. Nevertheless, the details of the access works, the internal access road, and the proposed improvements to Bull Ring Farm Road need to be submitted for approval and it is, therefore, necessary to condition these matters. It is also reasonable to require the visibility splays to be provided and maintained, in the interest of highway and pedestrian safety. 46. However, I have not imposed conditions to require the provision of car parking or cycle parking at this stage as these details have not been submitted for approval and would need to be secured as part of the reserved matters. I have also not imposed a condition to require each dwelling to be provided with three bins as this is a matter that is outside the control of planning. Moreover, the provision of appropriate bin storage facilities is also for reserved matters applications. 47.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision A condition to require the submission of samples or details of the materials is not necessary at this outline stage as this would be dealt with as part of the appearance of the dwellings. 48. Given the sensitive edge of village and rural location, and to minimise light spillage, it is reasonable and appropriate for the details of any external lighting to be submitted for approval prior to its installation. In the interests of reducing surface water and to encourage the re-use of water, I have imposed a condition to require a water butt to be installed at each property with a downpipe. Furthermore, so as to ensure that the development provides energy efficiencies and other sustainable measures it is reasonable to impose a condition to require the development to be carried out in accordance with the submitted climate change checklist. 49. Details of the management of the shared landscaped areas is required to ensure that the development is appropriate for its context and to ensure that it delivers the biodiversity objectives proposed.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — Appeal Decision However, this information is not required prior to the commencement of the development and I have, therefore, amended the recommended condition to require this information prior to occupation of any of the dwellings. I have also simplified the condition in the interests of brevity. 50. In the interests of biodiversity and trees it is also reasonable to impose conditions to require the works to be carried out in accordance with the submitted details in relation to these matters. Conclusion 51. For the above reasons, whilst conflict arises with the development plan, including the NDP, there are material considerations, including the Framework, which indicate that a decision should be taken other than in strict accordance with the development plan. Therefore, the appeal should be allowed, subject to conditions.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend INSPECTOR https://www.gov.uk/planning-inspectorate 8
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/J3720/W/25/3363122 SCHEDULE OF CONDITIONS 1) Details of the appearance, landscaping, and scale, ("the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place on each plot and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved. 4) The location, access, and layout of the development hereby permitted shall be carried out in accordance with the submitted location plan and drawing no 2303A. 5) Each reserved matters application shall follow the principles set out in the submitted Design Code and Plot Passports and shall include a statement setting out how the application responds to those documents. 6) The first reserved matters application to be submitted shall include a scheme of hard and soft landscaping for the areas of the site outside of the individual plots.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend These details shall include: i) planting plans (to a recognised scale) and schedules indicating the location, number, species, density, form and size of any proposed tree, hedge, and shrub planting; ii) retained landscape features and proposals for restoration, where relevant; iii) means of enclosure and retaining structures; iv) boundary treatments; v) hard surfacing materials; vi) minor artefacts and structures e.g. furniture, play equipment, refuse or other storage units, signs, etc; and vii) an implementation programme. The landscaping works shall be carried out in accordance with the approved details before any of the dwellings is first occupied in accordance with the agreed implementation programme. 7) No development shall take place until full details of the finished levels, above ordnance datum, of the ground floors of the proposed dwellings, the finished levels of the shared areas, and of the paths and driveways, in relation to existing ground levels, have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved levels.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend 8) No development shall take place until a Phase 1 Desk Study of the risks posed by any contamination has been submitted to and approved in writing by the local planning authority. Where unacceptable risk is identified by the Desk Study, a detailed Site Investigation shall be carried out and a Site Investigation Report submitted to and approved in writing by the Local https://www.gov.uk/planning-inspectorate 9
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend 8) No development shall take place until a Phase 1 Desk Study of the risks posed by any contamination has been submitted to and approved in writing by the local planning authority. Where unacceptable risk is identified by the Desk Study, a detailed Site Investigation shall be carried out and a Site Investigation Report submitted to and approved in writing by the Local https://www.gov.uk/planning-inspectorate 9
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend Appeal Decision APP/J3720/W/25/3363122 Planning Authority. If any contamination is found, no development shall take place until: i) a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority; ii) the site has been remediated in accordance with the approved measures and timescale; and iii) a verification report has been submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended until: i) additional measures for the remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority; and ii) a verification report for all the remediation works has been submitted to and approved in writing by the local planning authority. 9) No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the local planning authority.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend The Statement shall provide for: i) the parking and turning of vehicles of site operatives and visitors, including details of swept path analysis for the largest vehicle expected; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) measures to prevent mud and debris on the public highway, including wheel washing facilities; v) measures to control the emission of dust and dirt during construction; and vi) the routeing and timing of delivery and construction traffic to and from the site so as to avoid peak periods, including signage information. The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 10) Prior to the commencement of development above ground level details of the improvements to Bull Ring Farm Road, in accordance with drawing 19149- 08, shall have been submitted to and approved in writing by the local planning authority. The improvement works shall be carried out in accordance with the approved details prior to the first occupation of any of the dwellings.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend 11) Prior to the commencement of development above ground level details of the access to the site for vehicles and pedestrians shall have been submitted to and approved in writing by the local planning authority. The access works shall be constructed in accordance with the approved plans prior to the first occupation of any of the dwellings and shall be retained thereafter. 12) Prior to the commencement of development, including site clearance works, a Construction and Ecological Management Plan (CEMP) shall have been submitted to and approved in writing by the local planning authority. The https://www.gov.uk/planning-inspectorate 10
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend 11) Prior to the commencement of development above ground level details of the access to the site for vehicles and pedestrians shall have been submitted to and approved in writing by the local planning authority. The access works shall be constructed in accordance with the approved plans prior to the first occupation of any of the dwellings and shall be retained thereafter. 12) Prior to the commencement of development, including site clearance works, a Construction and Ecological Management Plan (CEMP) shall have been submitted to and approved in writing by the local planning authority. The https://www.gov.uk/planning-inspectorate 10
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend Appeal Decision APP/J3720/W/25/3363122 details shall include protective measures to ensure that retained habitat is not affected or damaged by construction works. The agreed CEMP shall thereafter be implemented in full. 13) Prior to the commencement of development details of the method of disposal of foul sewage and surface water shall have been submitted to and approved in writing by the local planning authority. The approved details shall therefore be provided prior to the occupation of each dwelling and shall be retained thereafter. 14) Prior to the commencement of construction of the internal road, details of the standards to which the road is to be constructed shall have been submitted to and approved in writing by the local planning authority. The details shall include vehicle turning areas so as to enable the largest vehicle expected to enter the site to turn within the site so that it will leave and re-enter the public highway in a forward gear. The road shall be constructed in accordance with the approved details prior to the first occupation of any of the dwellings.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend 15) Prior to the occupation of any of the dwellings the site shall have all service connections (electricity, water, broadband, etc) provided and made available to the boundary of each plot. 16) Prior to the first occupation of any of the dwellings a scheme for the provision of adequate water supplies and fire hydrants necessary for firefighting purposes at the site shall have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in full prior to the first occupation. 17) Prior to the first occupation of any of the dwellings the 2.4 metres by 25 metres visibility splays shall be provided and shall be free of any obstruction exceeding 0.6 metres in height and shall be retained as such thereafter. 18) Prior to the first occupation of any of the dwellings a landscape management plan, including long term design objectives for a minimum of 30 years, management responsibilities and maintenance schedules for all shared landscape areas, shall be submitted to and approved in writing by the local planning authority.
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend The plan shall also set out (where results from monitoring show that conservation aims and objectives of the management plan are not being met) how contingencies and/or remedial action will be identified, agreed, and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. All shared landscaping areas shall be managed in accordance with the approved landscape management plan. 19) Prior to the first occupation of any of the dwellings that have a downpipe a water butt, with a minimum capacity of 190 litres and fitted with a child-proof lid, shall be connected to the downpipe and shall be retained thereafter. 20) Prior to the first occupation of any of the dwellings the sustainability measures set out within the supporting 'Climate Change Checklist' shall be incorporated into the design of the development and/or site layout as relevant. Thereafter, the approved sustainability measures shall be retained and maintained. 21) Prior to the installation of any external lighting on any of the plots or shared areas details of the lighting shall be submitted to and approved in writing by https://www.gov.uk/planning-inspectorate 11
Land West of Bull Ring Farm Road, Harbury, CV33 9HJ — Stratford-on-Avon District Council — K Townend Appeal Decision APP/J3720/W/25/3363122 the local planning authority. The details shall include the positions, sizes, heights, types, supporting structures, luminance/light intensity, direction, and cowling. The lighting shall thereafter be installed in accordance with the approved details and shall be retained and maintained in a like form and function for the lifetime of the development. 22) The development hereby permitted shall be carried out in full accordance with the recommended mitigation measures for badgers, bats, great crested newts, nesting birds, and reptiles as set out in Reports4Planning Phase 1 Preliminary Ecological Appraisal, dated March 2024. 23) The development hereby permitted shall be carried out in full accordance with the Brown Fisher Environmental Pre-Development Tree Survey, ref 245850ARB, dated 12 June 2024. *** END OF CONDITIONS *** https://www.gov.uk/planning-inspectorate 12
Main issues and findings
Living conditions Against appellant ¶27
The appeal site is of sufficient size to accommodate five dwellings, and a scheme could be designed to not cause unacceptable adverse effects on the living conditions of the occupiers of neighbouring properties.
Green belt Against appellant ¶8
The proposal would fail to comply with Policy AS.10 of the Stratford-on-Avon District Core Strategy 2011-2031, which supports small-scale schemes for housing to meet identified needs on land within or adjacent to a village.
Flood risk Against appellant ¶28
The proposed development would need to ensure that the houses are safe from flooding and ensure that it would not increase flood risk elsewhere.
Other Against appellant ¶28
Biodiversity improvements would be provided as part of the proposal, but the inspector had no compelling evidence that the development would adversely affect statutorily protected species.
Highway safety Against appellant ¶29
The appeal site is a short distance from the junction of Bull Ring Farm Road with Church Terrace, where a pavement is available, and the section of Bull Ring Farm Road to the appeal site is relatively straight and wide enough for pedestrians to see oncoming vehicles.
Character and appearance Against appellant ¶10
The appeal site contributes positively to the character and appearance of the area by being part of the green infrastructure within the parish, but the proposed development would result in the loss of the openness of the site and modify the edge of the settlement.
Character and appearance Against appellant ¶11
The development would introduce built form into what is currently a semi-rural setting, result in the loss of the openness of the site, and modify the edge of the settlement.
Character and appearance Against appellant ¶17
The proposal would harm the character and appearance of the village by reason of loss of the openness, loss of the green space, which forms part of the open countryside around the village, and through the visual impact of the housing on views from the road.
Character and appearance Against appellant ¶32
The proposal would also harm the character of the area, not reflect the road fronting layout of the houses in the immediate area, and result in built development on a green area that forms part of the countryside around and extending into the village.
Affordable housing For appellant ¶24
The provision of five additional units of this type would accord with the National Planning Policy Framework through providing housing for people wishing to commission or build their own homes.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Determinative |
| Policy AS.10 of the Stratford-on-Avon District Core Strategy 2011-2031 |
Substantial |
| Policy H.01 of the Harbury and Deppers Bridge Neighbourhood Development Plan 2018-2031 |
Substantial |
| Policy H.02 of the Harbury and Deppers Bridge Neighbourhood Development Plan 2018-2031 |
Moderate |
| Policy CS.5 of the Stratford-on-Avon District Core Strategy 2011-2031 |
Moderate |
| Policy CS.9 of the Stratford-on-Avon District Core Strategy 2011-2031 |
Moderate |
| Policy H.06 of the Harbury and Deppers Bridge Neighbourhood Development Plan 2018-2031 |
Limited |
| Policy H.10 of the Harbury and Deppers Bridge Neighbourhood Development Plan 2018-2031 |
Limited |
| Policy SAP.6 of the emerging Stratford-on-Avon Site Allocations Plan, June 2022 |
Unclear |
| Policy SAP.7 of the emerging Stratford-on-Avon Site Allocations Plan, June 2022 |
Unclear |
Site constraints from the Casework Database
Source
Decision letter, 12 pages, issued by the Planning Inspectorate on 10 December 2025 under the Open Government Licence.