Case 3370638

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD

Buckinghamshire Council - Aylesbury Area * — appeal dismissed

Outcome
Dismissed
Decision date
26 November 2025
Authority
Buckinghamshire Council - Aylesbury Area *
Inspector
Boughton A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Kevin Cozens (C/O Agent)
LPA reference
24/03741/APP
ONS LPA code
E07000004
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 August 2025

Summary AI

The inspector dismissed the appeal due to the proposed dwelling's impact on the setting of the village, particularly its proximity to the historic core and the Conservation Area. The inspector considered the proposal would conflict with policies MMG1 and MME1 of the MMNP, which aim to promote a soft transition between built development and the rural edge. The inspector also noted that the proposal would undermine the approach taken in the recently completed Furl Close development.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Site visit made on 24 October 2025 by A. J. Boughton MA (IPSD) Dip.Arch. Dip.(Conservation) RIBA MRTPI an Inspector appointed by the Secretary of State Decision date: 26 November 2025 Appeal Ref: APP/J0405/W/25/3370638 Land north of Towcester Road, Maids Morton, Buckingham MK18 1RX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr Kevin Cozens against Buckinghamshire Council. • The application Ref is 24/03741/APP. • The development proposed is Erection of a new detached dwelling. Decision 1. The appeal is dismissed. Preliminary Matter 2. Having regard to the duties set out in s66 and s72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 I consider the appeal site would lie along the northern approach to the historic core of Maids Moreton and within the setting of its Conservation Area (MMCA) and have taken this into account in my decision. 3. The Council did not issue a decision notice but have now indicated that they would have given three reasons for refusal, accordingly:- Main Issues 4.

Page 1 · Chunk 1 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The main issues are whether, having regard to the relevant policies of the development plan and other material considerations, the proposed dwelling would: • be suitably located having regard to the relevant policies of the development plan and to the effect of the proposal on the area’s character and appearance, • make necessary provision for sports and leisure, and • meet the mandatory requirements for net Gain in Biodiversity Reasons Suitability of location 5. The appeal site lies at the north-eastern edge of the ‘medium’1 village of Maids Moreton and would be located adjacent to the last dwelling on the Towcester Road2 enclosed on its northern side by a newly constructed access drive with a brick- 1 According to Policy S3 of the Vale of Aylesbury Local Plan (VALP) 2 when leaving the village to travel north https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/25/3370638 pillared entrance where it joins the Towcester Road. Despite providing access to a very recent development of 12 large, detached houses, this new access drive has the visual character of a private paved road across open land bounded by field railings and, on its northern and southern sides respectively, by open fields and a small grassy paddock. The houses are well distanced from the main road, and other than temporary sales banners, their existence does not intrude upon the approach views of Maids Moreton. The first house on the main road (Glynfa) being low in height and set at a slightly lower level behind a high boarded fence presents, with the benefit of the existing planting belt to the frontage of the appeal site, a soft edge to this northern edge of the village. Consequently, the point where a road user would experience the edge of the Maids Moreton built-up area is some 50m south of the Furl Close access, at a point where the street scene becomes that of road- facing houses on both sides of the Towcester Road. 6.

Page 2 · Chunk 3 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The site for the proposed dwelling comprises an area of grass and is bounded on its southern side by a tall, established non-deciduous hedge and, on its frontage to Towcester Road, by mixed-species vegetation which forms a dense hedge-like barrier of considerable thickness and height, similar to an unmanaged field hedge. The proposed site plan3, refers to a minimum 5m separation from the hedging shown on that plan which is drawn as a relatively narrow strip of frontage planting. However, it is not clear whether what is drawn intends to represent the existing planting belt, which is much deeper than shown, or a replacement hedge. 7. Although such matters can usually be addressed by conditions, a further difficulty in assessing the impact of the proposed development arises from the seeming inaccuracy and small scale of the information provided. The entrance pillar(s) appear(s) to lie further west and closer to the Towcester Road than appearing on the plan.

Page 2 · Chunk 4 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision In particular, if the dwelling were positioned in the way shown, with the ridge of proposed dwelling aligned with a brick pillar but as found on site, my observations suggest that the new house would appear well forward of the general built frontage, prominently and uncharacteristically set close behind the pavement on Towcester Road. 8. The appeal site would lie outside the settlement boundary defined in the Maids Moreton Neighbourhood Plan (2023) (MMNP) wherein policy MMG1 supports residential development but on ‘brownfield and small infill sites within the settlement boundary’; the proposal site is neither within the settlement boundary nor is it brownfield or infill. Policy MME1 requires that development proposals ‘which flank(s) the open rural landscape setting’ should provide for a ‘soft transition between built development and the rural edge in the form of a landscape buffer’. 9. Given my assessment of the setting into which the proposed dwelling would be introduced, the lack of clarity as to the frontage hedging and the absence of any landscape buffer as a soft edge to the village are matters which have a significant bearing on the sensitive relationship between the edge of the village and the open countryside.

Page 2 · Chunk 5 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision These are matters that the MMNP seeks to address and, to my mind, have been successfully addressed in the Furl Close development. Notwithstanding adjacency of the low-set, well screened existing property ‘Glynfa’, the proposal would, by the introduction of a single dwelling, have a wider uncharacteristic suburbanising effect. Consequently, I conclude the proposal would conflict 3 PL/711/100 B https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision These are matters that the MMNP seeks to address and, to my mind, have been successfully addressed in the Furl Close development. Notwithstanding adjacency of the low-set, well screened existing property ‘Glynfa’, the proposal would, by the introduction of a single dwelling, have a wider uncharacteristic suburbanising effect. Consequently, I conclude the proposal would conflict 3 PL/711/100 B https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/25/3370638 significantly with Policies MMG1 and MME14 of the MMNP due to its inappropriate prominence and absence of an enclosing ‘soft edge’, to the settlement. Sports and Leisure 10. The Council has submitted an addendum (additional) Unilateral Undertaking in relation to the provision of Sports and Leisure facilities which would appear to address the Council’s suggested first refusal reason. Biodiversity 11. The appellant has submitted a Unilateral Undertaking with regard to affordable housing contributions and off-site BNG provision with a revised Preliminary Ecological Appraisal (PEA) and BNG Assessment5. This appears to address the issues raised by the Council in their suggested second refusal reason, other than those matters I have identified as to the setting out of the building in relation to the required natural buffer in the first main issue. Planning Balance and Conclusion 12. The appellant suggests the proposal is not discordant with the aims and objectives of the MMNP.

Page 3 · Chunk 8 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision However, I consider the effect of the development proposed would be to largely undermine the approach taken in the positioning and layout of the recently completed Furl Close development, which has added to the settlement of Maids Moreton in a way which has successfully effected the ‘soft transition’ to open countryside desired by the Neighbourhood Plan. That development has successfully contributed to housing supply but avoided suburbanisation of the entrance to the village along Towcester Road which leads directly to the historic core of the village. 13. It has not been disputed that the Council may only be able to demonstrate a 4-year housing land supply. In such circumstances the presumption in favour of sustainable development is engaged such that it is necessary to apply the test in Paragraph 11 d) ii) of the Framework. The development would provide one dwelling in a situation where there is a deficient housing land supply.

Page 3 · Chunk 9 Appeal Decision

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Whilst even a single dwelling may be considered to be a positive benefit in such circumstances, and although the dwelling would be located at the edge of a moderately sustainable settlement, the intrusive suburbanising effect of that single dwelling would, as my reasoning explains, be disproportionately harmful to the setting of the village which includes the Maids Moreton Conservation Area. Notwithstanding my conclusion on the second and third main issues, I consider the modest benefit of a single dwelling would be significantly and demonstrably outweighed by these wider harms. Consequently, taking all matters raised into account and for the reasons given, the appeal cannot succeed.

Page 3 · Chunk 10 Andrew Boughton

Land north of Towcester Road, Maids Morton, Bucks , MK18 1RD — Buckinghamshire Council - Aylesbury Area * — Andrew Boughton INSPECTOR 4 at 6 and 7 5 KEDD limited Ref KD.MA2P.ER.002 July 2025 https://www.gov.uk/planning-inspectorate 3

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 dwelling would appear prominently and uncharacteristically set close behind the pavement on Towcester Road, conflicting with the existing built frontage and the rural edge.

Living conditions
Against appellant
¶6

The proposed dwelling would introduce an uncharacteristic suburbanising effect, conflicting with policies MMG1 and MME1 of the MMNP.

Heritage impact
Against appellant
¶2

The proposed dwelling would conflict with the setting of the Maids Moreton Conservation Area and the historic core of the village.

Parking
Neutral
¶null

Not mentioned as an issue

Green belt
Neutral
¶null

Not mentioned as an issue

Housing land supply
Neutral
¶13

The Council may only be able to demonstrate a 4-year housing land supply, but this does not justify the proposed development.

Flood risk
Neutral
¶null

Not mentioned as an issue

Ecology and biodiversity
Neutral
¶11

The appellant has submitted a Unilateral Undertaking with regard to affordable housing contributions and off-site BNG provision, but this does not address the issues raised.

Trees and landscape
Neutral
¶7

The proposed dwelling would not have a significant impact on the trees and landscape of the area.

Agricultural land
Neutral
¶null

Not mentioned as an issue

Affordable housing
Neutral
¶11

The appellant has submitted a Unilateral Undertaking with regard to affordable housing contributions, but this does not address the issues raised.

Planning obligations
Neutral
¶null

Not mentioned as an issue

Conditions
Neutral
¶null

Not mentioned as an issue

External appearance
Neutral
¶null

Not mentioned as an issue

Other
Neutral
¶null

Not applicable

Policies relied on

Reference Weight
MMG1
Substantial
MME1
Substantial
NPPF 208
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 26 November 2025 under the Open Government Licence.