Case 3369046

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ

Stratford-on-Avon District Council — appeal dismissed

Outcome
Dismissed
Decision date
16 October 2025
Authority
Stratford-on-Avon District Council
Inspector
Barton P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor retail and services
Appellant
Mr M Roberts
LPA reference
25/00077/FUL
ONS LPA code
E07000221
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 July 2025

Summary AI

The appeal for a change of use of an existing stable block to holiday lets was dismissed due to concerns over the impact on protected species, specifically roosting bats. The inspector considered that the proposed development would harm these bats, despite the appellant's bat survey finding no evidence of bats. The inspector also noted that the revised visibility splays plan improved highway safety. The appeal was dismissed due to the conflict with policy CS.6 of the Stratford-on-Avon District Core Strategy 2011 to 2031.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision Site visit made on 10 September 2025 by P Barton BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 16 October 2025 Appeal Ref: APP/J3720/W/25/3369046 Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire CV35 8PQ • 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 M Roberts against the decision of Stratford-on-Avon District Council. • The application Ref is 25/00077/FUL. • The development proposed is change of use of an existing stable block to holiday lets, with associated external alterations and parking provision. Decision 1. The appeal is dismissed. Application for costs 2. An application for costs was made by Mr M Roberts against Stratford-on-Avon District Council. This application is the subject of a separate Decision. Preliminary Matters 3. The appellant has referred to revised plans that were submitted to the Council prior to the planning application’s determination but were not considered when it made a decision. These revised plans are a visibility splays plan1 and a site plan2.

Page 1 · Chunk 1 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision There is a copy of the revised visibility splays plan before me, but not the revised site plan. 4. The Council has asked that the revised visibility splays plan is not accepted as it has not been subject to formal re-consultation. Nevertheless, the plan does not involve a substantial difference or fundamental change, and the Council has been given the opportunity to comment on it. I am satisfied that it would not cause procedural unfairness to anyone involved in the appeal. As such I have considered the revised visibility splays plan in making my decision, but not the revised site plan. 5. I observed during my site visit that hardstanding had been laid between Saddlebow House and the stable block. I have considered the appeal based on the proposed plans before me. 1 Drawing No. 25034-310-02 2 Drawing No. 25034-300-02 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3369046 Main Issues 6. The main issues are the effect of the proposed development on: • protected species, namely roosting bats; and • highway safety, with particular reference to the visibility at the access to Saddle Bow Lane. Reasons Protected Species 7. The Conservation of Habitats and Species Regulations 2017 (as amended) imposes a duty on me to consider whether European Protected Species would be affected by the development and whether associated mitigation measures would be effective. Bats and their roosts are thereby protected. 8. The single storey appeal building was previously used as stables and has points where bats could enter as well as potential roosting features. The building appears to be a very simple structure, and the proposal would involve the creation of new openings as well as a thermal upgrade most likely in the form of new internal stud walls. Therefore, due to these works, including the creation of suitably sealed living accommodation, impacting the existing, mostly unlined, external boarding, it could harm any present roosting bats. 9.

Page 2 · Chunk 3 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision The appellant’s bat survey found no evidence of bats, but due to the above factors the Council’s Ecology advisor considers that the survey categorising the building as having ‘negligible bat roost potential’ should be a ‘low potential’ classification. 10. There is dispute between the main parties as to whether a bat emergence/re-entry survey to establish the presence/absence of roosting bats is required prior to determination. Circular 06/2005 advises that such surveys should be carried out before planning permission is granted otherwise all relevant material considerations may not have been addressed in making the decision and should only be covered by a planning condition in exceptional circumstances. 11. On the basis that bats could enter the building, and the existence of potential roosting features, and without an emergence/re-entry survey, which is regarded as best practice, there is a reasonable likelihood that protected species are present and therefore, appropriate mitigation may be required. Moreover, there are no exceptional circumstances in this case. Therefore, this survey is required and could not be secured by condition. 12.

Page 2 · Chunk 4 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision For the above reasons, the proposal would have an unacceptable effect on protected species, namely roosting bats. This would conflict with Policy CS.6 of the Stratford-on-Avon District Core Strategy 2011 to 2031 (the Core Strategy), which seeks, amongst other things, development to contribute towards a resilient ecological network and to minimise impacts on biodiversity. It would also be contrary to Policy NE5 of the Claverdon Neighbourhood Plan 2011 – 2031 that includes a requirement for development proposals not to harm biodiversity. Moreover, the proposed development would not accord with paragraph 187(d) of the National Planning Policy Framework that seeks to minimise impacts on biodiversity. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/25/3369046 Highway Safety 13. The revised visibility splays plan illustrates a visibility splay sight to the south of the access, that would serve the proposal, measured to the near edge of the public highway carriageway from a 2.4m set back point. It also shows an annotated visibility splay distance of 81m to the south, which accords with the Manual for Streets 2 calculator, as suggested by the Highway Authority. A copy of the claimed correspondence from the Highway Authority agreeing to this revised plan has not been presented to me. However, on the basis of the details within the revised plan and my own observations on site, I conclude that the site would achieve the required visibility splay sight to the south of the access. 14. Consequently, the proposed development would have an acceptable effect on highway safety, with particular reference to the visibility at the access to Saddle Bow Lane. Accordingly, there is no conflict with Policy CS.26 of the Core Strategy that includes a requirement for necessary mitigation against any unacceptable transport impacts which arise directly from a development. Other Matters 15.

Page 3 · Chunk 6 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision It is asserted that the proposal would reuse an existing building for small-scale tourism purposes on previously developed land; is not inappropriate development in the Green Belt; respects the character of the local landscape; and would result in no harm to living conditions or traffic levels. A lack of harm or policy compliance in these respects would be a neutral consideration. 16. The appellant has raised that Claverdon Parish Council, who are a statutory consultee, were not consulted on the application. Although, as I am dismissing the appeal, I have not considered this matter further. 17. I acknowledge the appellant’s concerns over the Council’s handling of the application. However, this is not a matter that I can consider under a Section 78 planning appeal and does not alter my findings, in which I have had regard solely to the planning merits of the proposal. Conclusion 18. I am satisfied that the proposed development would have an acceptable effect on highway safety.

Page 3 · Chunk 7 Appeal Decision

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — Appeal Decision Nevertheless, for the reasons given above, I conclude that the proposal conflicts with the development plan as a whole and the material considerations, including the Framework, do not indicate that the appeal should be decided other than in accordance with it. Therefore, the appeal is dismissed

Page 3 · Chunk 8 P Barton

Saddlebow House, Saddle Bow Lane, Claverdon, Warwickshire, CV35 8PQ — Stratford-on-Avon District Council — P Barton INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Ecology and biodiversity
Against appellant
¶11

The inspector considered that the proposed development would harm protected species, specifically roosting bats, due to the creation of new openings and thermal upgrade. The Council's Ecology advisor considered that the survey categorising the building as having 'negligible bat roost potential' should be a 'low potential' classification.

Highway safety
For appellant
¶13

The revised visibility splays plan illustrated a visibility splay sight to the south of the access, which would serve the proposal. The inspector concluded that the site would achieve the required visibility splay sight to the south of the access.

Policies relied on

Reference Weight
Policy CS.6 of the Stratford-on-Avon District Core Strategy 2011 to 2031
Determinative
Policy NE5 of the Claverdon Neighbourhood Plan 2011 – 2031
Determinative
Paragraph 187(d) of the National Planning Policy Framework
Determinative

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 16 October 2025 under the Open Government Licence.