Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Site visit made on 19 August 2025 by J Hills MRTPI an Inspector appointed by the Secretary of State Decision date: 27 August 2025 Appeal Ref: APP/W1145/W/25/3364714 Land Adjacent Croft Gate, Halwill Junction, Beaworthy, Devon EX21 5TN • 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 Ashly Todd against the decision of Torridge District Council. • The application Ref is 1/0940/2024/OUT. • The development proposed is described in the application as “residential development for three dwellings (Renewal of 1/0512/2020/OUT)”. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application is made in outline with all matters reserved for later consideration. I have therefore dealt with the appeal on this basis and have treated any detail shown on the plans to be purely indicative. 3. I have taken the address from the Council’s decision notice as it is more accurate than that provided in the application form. Background and Main Issues 4. The scheme for 3 open market dwellings was refused on the grounds of its location and potential harmful effects on living conditions of future occupiers.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Since then, the Council has raised additional concerns in respect of the statutory framework for biodiversity net gain. While its position on this matter unhelpfully differs from that set out in its decision notice, it is necessary to ensure this duty is complied with, in the event the appeal were to be successful. The appellant has had an opportunity to comment on the Council’s concerns and would not be prejudiced by this forming one of the main issues. 5. The main issues are: • whether the site is in a suitable location for the proposed development having regard to the provisions of the local housing strategy; • whether the proposal would make appropriate provision for biodiversity net gain; and • whether the proposed development would provide suitable living conditions for future occupiers with regard to noise, and air emissions. https://www.gov.uk/planning-inspectorate

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Appeal Decision APP/W1145/W/25/3364714 Reasons Location 6. The appeal site comprises a corner section of a wider, undeveloped field. It is located at a junction off a busy trunk road where vehicles tend to pass by at some speed. Along this stretch of road, intermittent development is somewhat scattered with intervening fields found before one reaches the more built-up area of the Local Centre of Halwill Junction as defined in the North Devon and Torridge Local Plan (LP). 7. The primary focus for development within rural areas is within Local Centres and this is set out in LP Policy ST07. This is to achieve an economically resilient and active rural area. The supporting text says, amongst other things, that while appropriately located growth will be supported, the Local Plan will also seek to ensure development does not exacerbate the area’s dispersed settlement pattern. Although not isolated, the appeal site is however well outside the defined settlement boundary and is therefore in the countryside for the purposes of the policy. Here, development is limited to that which is enabled to meet local economic and social needs, and that which is necessarily restricted to a countryside location.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision There is no dispute between the main parties that the open market nature of the proposal would mean that it would not meet any of these limitations. 8. There is a connecting footpath near the appeal site leading to the Centre’s services and facilities. However, this is particularly narrow in areas, which would be challenging for all users to navigate on a regular basis, particularly during dark or inclement weather conditions. Future occupiers would be most likely to make use of private vehicles to meet their day-to-day needs. I note the conclusions made by the Council’s highways officer within the context of what may or may not be a ‘safe and suitable access’. However, my observations are such that the narrow footpath, together with the persistent fast-moving traffic, creates a certain disconnect between the appeal site and the settlement. 9. Accordingly, for the reasons given, the development would undermine the purposes of LP Policy ST07.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision There would also be conflict with paragraph 82 of the National Planning Policy (the Framework) which says, in part, that in rural areas, planning decisions should be responsive to local circumstances and support housing developments that reflect local needs, supporting opportunities that will provide affordable housing. 10. I therefore conclude on this main issue that the site is not in a suitable location for the proposed development having regard to the provisions of the local housing strategy. As such, there would be conflict with LP Policy ST07. Biodiversity Net Gain 11. Under the statutory framework for biodiversity net gain (BNG), every grant of planning permission is deemed to have been granted, unless exempted, subject to the condition that the biodiversity gain objective is met. 12. The application form states that the proposal would be self-build, and this is confirmed by the appellant in their submissions. Self-build is one of the exemptions set out in the Biodiversity Gain Requirements (Exemptions) Regulations 2024 SI 2024/No.47 (the regulations). However, the regulations also https://www.gov.uk/planning-inspectorate 2

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Appeal Decision APP/W1145/W/25/3364714 provide that "self-build or custom housebuilding" has the same meaning as in section 1(A1) of the Self-build and Custom Housebuilding Act 2015. In order for the proposed dwellings to benefit from the exemption, it would be necessary to ensure compliance with that definition. 13. Planning permission is for the use and development of land; it runs with it rather than being tied to the person applying for it. The definition of self and custom build requires a specific individual to build (or design and instruct persons to build) and then live in the house for which planning permission is granted. However, it is not possible to oblige someone to live in a house once they have built it, as set out in the Council’s suggested condition, and the legislation does not purport to do so. This is therefore not a matter that could be secured by condition. Such a condition would not be reasonable or enforceable as it would require the person who built the house to occupy it. Compliance with the definition of self-build or custom housebuilding could only be achieved through the use of a planning obligation. There is no such obligation before me.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision As such, there is no mechanism to prevent the scheme from coming forward as market dwellings. 14. The Planning Practice Guidance1 confirms that BNG will often be a material consideration, and it should be considered, where relevant, whether the biodiversity gain condition is capable of being discharged successfully. To this end, there are minimum national information requirements in relation to BNG which applicants must provide. As the applicant sought exemption, this information has not been provided. I therefore could not be satisfied that were the proposal to be brought forward as market housing, it would be capable of complying with the biodiversity gain condition. 15. The application therefore fails to demonstrate that it would be exempt development or that the biodiversity gain condition could be met. This is contrary to the requirements of LP Policy DM08 which says, in part, that development should enable net gains by designing in biodiversity features and enhancements, Schedule 7A of the Town and Country Planning Act 1990; and with paragraph 187 of the Framework, insofar as it requires decisions to contribute to and enhance the natural and local environment by providing at least a 10% net gain for biodiversity.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Noise 16. Referencing section 15 of the Framework, The Council is concerned that there is insufficient information available to establish whether or not the development would avoid the need for unreasonable restrictions on the nearby coach repair and hire premises. The extract from the Parkview Homes Limited court judgement referred to by the Council essentially says that it would not be acceptable to impose a noise condition where there could be no confidence those measures would actually work. 17. The appeal site is however separated from the hire business by a road, with the main repair buildings positioned a generous distance away. At the time of my mid- morning visit, the business appeared to be well in use, with machinery in operation. When stood at the appeal site boundary opposite, noise emanating from the business was barely perceptible. In fact, most noise came from regular traffic movements on the trunk road. Although my observations are only a snapshot in time, the open nature of the business site layout and substantial set back from the 1 Biodiversity net gain Paragraph: 002 Reference ID: 74-002-20240214 https://www.gov.uk/planning-inspectorate 3

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Appeal Decision APP/W1145/W/25/3364714 appeal site means it is very unlikely that noise or air emissions would have any meaningful effects on future occupiers. 18. While information provided by the appellant is limited, it seems extremely unlikely that the business would operate round the clock. The online evidence provided would be more likely to be a truer reflection of its operating hours. These would not interfere with future occupiers living conditions, which is a view shared by the Council’s Environmental Protection Officer. 19. For these reasons, it would not be reasonable or necessary to impose a noise condition. Accordingly, I conclude on this main issue that the proposal would provide suitable living conditions for future occupiers with regard to noise, and air emissions. As such, there would be no conflict with LP Policy DM02. Other Matters 20. Since the Council made its decision, it has suggested financial contributions towards green infrastructure would be necessary. I acknowledge the frustrations raised by the appellant in this regard. However, as I am dismissing the appeal for other reasons, I am not required to consider this any further, as to do so would not alter the overall appeal outcome. 21.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision My attention has been drawn to a previous outline permission2 at the appeal site for a similar scheme. Even though it may have been difficult to advance that scheme with its shorter time limit, and at a time when there was a pandemic, it has nevertheless lapsed. In that context, while that permission was given, partly on the basis that a sufficient supply of housing could not be demonstrated, I have already concluded above that the location is sub-optimal. Furthermore, I am not bound by the decision of the Council. I give this matter limited weight. Planning Balance and Conclusion 22. It is common ground that the Council is unable to demonstrate a 5-year supply of deliverable housing sites, where there is a current supply of 4.86 years. Paragraph 11 (d) of the Framework indicates that where the required supply cannot be demonstrated, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 23. However, it is important that development happens in the right places, and the Framework explains in paragraph 11 d) ii.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision that particular regard is paid to key policies for directing development to sustainable locations. One such provision identified in footnote 9 is set out in paragraph 115. I have concluded that the appeal site would not give priority first to pedestrian and cycle movements or prioritise sustainable transport modes. This conflicts with Framework paragraphs 115 and 117. Additionally, paragraph 82 of the Framework is supportive of local needs housing in rural areas, which this proposal would not achieve. The Council’s spatial strategy aims to avoid a dispersed settlement pattern, minimising conflicts with the principles of sustainable development. Therefore, it is in accordance with the policies of the Framework. For these reasons, the conflict with LP Policy ST07 does not fall away, but rather, carries significant weight in this appeal. 2 Ref: 1/0512/2020/OUT https://www.gov.uk/planning-inspectorate 4

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Appeal Decision APP/W1145/W/25/3364714 24. LP Policy DM08 is consistent with Framework paragraph 187 in respect of biodiversity enhancements and can therefore be given substantial weight. 25. The social benefits of housing delivery carry significant weight, although these are tempered by the fact that the dwellings would make a very modest contribution to addressing the slight housing shortfall. The scheme would also bring some limited economic benefits to the construction industry and thereafter through additional consumer spending in the local economy. 26. Against these benefits I need to balance the adverse impacts. The need to deliver sustainable patterns of growth is an important consideration and one which is embedded in the Framework. The harm arising from the relatively poor access to services and facilities by sustainable transport modes, and absence of affordable housing provision would run contrary to the social and environmental objectives of sustainable development. 27.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — Appeal Decision Additionally, I cannot be certain that the development would be delivered as self- build housing and in the absence of supporting information, it is not known whether or not the requirements with respect to biodiversity net gain could be achieved. Accordingly, these adverse impacts would significantly and demonstrably outweigh the benefits of the scheme. As such, the proposal would not benefit from the presumption in favour of sustainable development set out within Framework paragraph 11. 28. Section 38(6) of the Planning and Compulsory Purchase Act 2004 says development should be in accordance with the development plan ‘unless material considerations indicate otherwise’, and this is reaffirmed in the Framework. 29. Although there would be no harm in respect of noise, this is a neutral matter that would not outweigh the locational and biodiversity harm identified. The proposal would therefore conflict with the development plan as a whole. Furthermore, even when considered cumulatively, there are no other considerations, including the provisions of the Framework, which outweigh this finding. Therefore, for the reasons given, the appeal should not succeed.

Land Adjacent Croft Gate , Halwill Junction, BEAWORTHY, Devon , EX21 5TN — Torridge District Council — J Hills INSPECTOR https://www.gov.uk/planning-inspectorate 5