Case 3367109

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA

Rossendale Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
8 October 2025
Authority
Rossendale Borough Council
Inspector
Lancaster K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr D Seymour
LPA reference
2025/0463
ONS LPA code
E07000125
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 June 2025

Summary AI

The appeal was dismissed due to the proposed development's adverse impact on the character and appearance of the area, which would be contrary to policies ENV1 and ENV3 of the Rossendale Local Plan 2019 to 2036.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision Site visit made on 16 September 2025 by K Lancaster BA (hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 8 October 2025 Appeal Ref: APP/B2355/W/25/3367109 The Coach House, Burnley Road, Bacup, Lancashire OL13 8PA • 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 Dwayne Seymour against the decision of Rossendale Borough Council. • The application Ref is 2024/0463. • The development proposed is described as to use the land for a small 2-bedroom bungalow to provide ground floor access and comfortable living accommodation for disabled persons. The application includes the access to the proposed building in the form of a new poured resin driveway. The application does not include work to the boundary wall abutting the access leading to the site. Decision 1. The appeal is dismissed. Applications for costs 2. An application for costs was made by Mr D Seymour against Rossendale Borough Council. An application for costs was also made by Rossendale Borough Council against Mr D Seymour. These applications are the subject of separate decisions. Preliminary Matters 3.

Page 1 · Chunk 1 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision At my site visit, I observed that the development has partly commenced with the removal of trees and vegetation, erection of buildings and engineering operations including the formation of hardstanding. The appellant has confirmed that approval is not being sought for works to the boundary wall abutting the access leading to the site, and I have therefore considered the appeal on this basis. 4. I have also dealt with another appeal1 on an adjacent parcel of land, within the same ownership. That appeal is the subject of a separate decision. 5. The appeal site was also the subject of a recent appeal decision2, which was dismissed. The appeal proposal was for the erection of a forestry building. The primary difference between the proposal and the previous scheme is the proposed building is now proposed as a residential dwelling. The appeal decision is a material consideration in the determination of this appeal. Main Issue 6. The main issue is the effect of the proposed development on the character and appearance of the area. 1 Appeal Ref: APP/B2355/W/25/3366814 2 Appeal Ref: APP/B2355/W/23/3331767 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/25/3367109 Reasons 7. The appeal site comprises a parcel of land opposite The Coach House, located on the edge of the settlement of Bacup. The appeal site is accessed via an unadopted road and contributes positively to the area as an edge of settlement site to the transition into the open countryside. 8. Between the appeal site and Burnley Road are a small number of terraced streets, containing mostly two-storey, stone and rendered properties. The Coach House is located directly opposite the site is a two storey, stone-built dwelling with a hipped roof which abuts the access road. Although close to existing residential properties and other development, the appeal site lies outside of the urban boundaries as defined in the Rossendale Local Plan 2019 to 2036, adopted 2021 (the RLP). 9. The proposed development would involve the erection of a 2-bedroom bungalow, including access to the proposed building in the form of a new poured resin driveway. The elevation fronting the access would be faced with ashlar stonework to match The Coach House, with all the other sides rendered in the same colour. The roof would be hipped and finished with natural blue slate. 10.

Page 2 · Chunk 3 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision I have had regard to the previous appeal decision3 on this site. The proposed building would be located in a similar position to the previous scheme and would be of a similar size and layout. The previous Inspector concluded that the size, massing, position and materials of construction would result in a building that would appear to encroach into the designated countryside. 11. I acknowledge that the appellant has sought to overcome the previous reasons for refusal by changing the use of the building from a forestry storage building to a residential building. In doing so, whilst the overall footprint, scale and external site layout remain the same, the use, materials and fenestration design have been amended. However, these changes do not reduce the harmful encroachment of the development into what is the open countryside, nor demonstrate that the form and design of the proposed building would take account of the character and appearance of the area. 12. The appellant states that larger, more dense development already exists in the area and the addition of a relatively low-lying, unobtrusive bungalow, set back away from the access road, will have no more of an urbanising impact than what already exists in the area.

Page 2 · Chunk 4 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision However, this development is primarily located within the established built form of the settlement, whereas the appeal site is within the countryside where the character is very different. 13. Furthermore, a single storey bungalow set within heavily landscape grounds, would not reflect the edge of settlement location nor the prevailing pattern of development. For these reasons, the proposed development would also not add to the overall quality of the area and fails to demonstrate that it would be sympathetic to the surrounding built environment. 14. I understand from the evidence before me that prior to the application being submitted the appeal site was cleared of grass and woodland and extensive areas of hardstanding installed. This has a harmful and urbanising effect on the character and appearance of the site. Therefore, whilst it is not disputed that the 3 Appeal Ref: APP/B2355/W/23/3331767 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/25/3367109 proposal would be capable of achieving biodiversity net gain, this would not overcome the significant harm to the landscape, character and appearance of the area that would result from the proposed development. 15. Consequently, I conclude that the proposed development would cause unacceptable harm the landscape, character and appearance of surrounding area. It would therefore be contrary to Policies ENV1 and ENV3 of the RLP, which seek amongst other things, to ensure that development takes account of the character and appearance of the local area and conserves the natural and built environment. 16. The proposal would also conflict with Paragraph 135 of the Framework which requires development to function well and add to the overall quality of the area, be visually attractive and are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities. Other Matters 17. The Coach House4 and Broadclough Hall5 which are located on the opposite side of the road to the appeal site are Grade II Listed.

Page 3 · Chunk 6 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision I have therefore had regard to the statutory duty referred to in Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. Broadclough Hall is constructed from stone with a low hipped slate roof, and The Coach House is constructed from ashlar with a hipped slate roof and long rectangular plan. The rear elevation backs onto the access road to the appeal site. The significance of these buildings lies in the use of traditional materials and design. Given the proximity and physical relationship of the proposal with these designated assets, their settings would be preserved, and the proposal would not cause harm to their significance. 18. Biodiversity net gain is required under a statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990 (the TCP Act) (inserted by the Environment Act 2021 (the Environment Act)). Under the statutory framework for biodiversity net gain, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the condition that the biodiversity gain objective is met. For minor development, this applies for proposals submitted after 2 April 2024 and the date on the application form is 12 December 2024. 19.

Page 3 · Chunk 7 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision A Preliminary Ecological Appraisal6 and Biodiversity Metric have been submitted with the appeal, which state that the proposed development would result in the net gain of 12.18% in habitat units. Consequently, the proposal would make adequate provision for Biodiversity Net Gain. 20. I have had regard to third party concerns over privacy, vehicular access, and traffic. These matters were before the Council when it determined the planning application and did not feature in the reasons for refusal. Based on the evidence before me, and from my own observations, I have no reason to disagree with the Council’s assessment of these matters. Further concerns raised by a third party relating to damage to private property would be a matter to be resolved between the affected parties. 4 List Entry Number: 1361949 5 List Entry Number: 1163193 6 Prepared by Richard Parkinson BSc[Hons] FLS MCIEEM Principal Ecologist – Living Ecosystems, dated 16th February 2025 https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/25/3367109 Planning Balance 21. It is not disputed that that the Council is unable to demonstrate a five-year supply of housing sites. In such circumstances, Paragraph 11(d) of the National Planning Policy Framework (the Framework) requires that, planning 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. 22. The proposed development would deliver an additional dwelling, which would contribute to the Government’s aim of boosting housing supply. There would also be economic benefits arising from the construction, and from its occupation as a dwelling and an opportunity to deliver biodiversity net gain beyond the statutory requirement of 10%. However, even in the context of the Council’s housing delivery issues, the benefits are limited due to the small scale of the development. 23. The appellant also states that bungalow would provide ground floor access and comfortable living accommodation for disabled persons. However, it is not clear whether this is the appellant or would be provided on the open market.

Page 4 · Chunk 9 Appeal Decision

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — Appeal Decision There is no mechanism before me to require the dwelling to be occupied by a disabled person or persons and therefore I can only attribute this very limited weight. 24. Set against the benefits would be the adverse impacts of the proposal, in that it would cause significant harm to the character and appearance of the area. Therefore, I find that the adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework as a whole. Conclusion 25. For the reasons given, the proposal would not accord with the development plan when taken as a whole. There are no material considerations of sufficient weight that indicate the appeal should be determined other than in accordance with the development plan. The appeal is therefore dismissed.

Page 4 · Chunk 10 K Lancaster

Land opposite the Coach House, Broadclough, Bacup, Lancs, OL13 8PA — Rossendale Borough Council — K Lancaster 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

Character and appearance
Against appellant
¶6

The proposed development would cause unacceptable harm to the landscape, character and appearance of the surrounding area, despite the appellant's attempts to mitigate this impact.

Character and appearance
Against appellant
¶11-13

The proposed development would still encroach into the designated countryside, and the design of the building does not take account of the character and appearance of the area.

Character and appearance
Against appellant
¶14

The development would not add to the overall quality of the area and would fail to demonstrate that it would be sympathetic to the surrounding built environment.

Policies relied on

Reference Weight
RLP ENV1 and ENV3
Determinative

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 8 October 2025 under the Open Government Licence.