Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG
Wiltshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 19 December 2025
- Authority
- Wiltshire Council
- Inspector
- Kay D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr & Mrs D Pearce
- LPA reference
- PL/2025/03209
- ONS LPA code
- E06000054
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 27 August 2025
Summary AI
The appeal for permission in principle to build one dwelling on the appeal site in Biddestone was dismissed due to conflict with the Wiltshire Core Strategy policies. The site is in open countryside, and the proposal would not conserve and enhance the Cotswold National Landscape. The introduction of built form would reduce the open character of the landscape and harm the significance and setting of the Biddestone Conservation Area.
PDF text
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Site visit made on 11 November 2025 by D R Kay BA Dip.Arch RIBA an Inspector appointed by the Secretary of State Decision date: 19 December 2025 Appeal Ref: APP/Y3940/W/25/3371671 Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Mr & Mrs D Pearce against the decision of Wiltshire Council. • The application Ref is PL/2025/03209. • The development proposed is the erection of one dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. The proposal is for permission in principle. The Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing- led development. The permission in principle (PIP) consent route has two stages: the first establishes whether a site is suitable in-principle and the second (technical details consent - TDC) is when the detailed development proposals are assessed. This appeal relates to the first of these two stages. 3.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. All other matters are considered as part of a subsequent TDC application, if permission in principle is granted. Whilst there is no dispute between the parties regarding the amount of development, as the site is within the Cotswold National Landscape, I shall, therefore, deal with the amount of development along with matters of land use and location, in my determination of the appeal. 4. The appeal site is situated within the Biddestone Conservation Area (CA) and is proximate to several Grade II listed buildings. I have therefore paid special attention to the statutory requirements placed upon decision-makers by section 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) (the Act). Main Issues 5.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision The main issues are whether, or not, the site is suitable for residential land use, having regard to; i) its location and its accordance with the spatial strategy of the development plan; and ii) the amount of development proposed and its effect on the Cotswold National Landscape (CNL), the Biddestone Conservation Area (CA) and its setting, and the significance and setting of nearby listed buildings. https://www.gov.uk/planning-inspectorate
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision The main issues are whether, or not, the site is suitable for residential land use, having regard to; i) its location and its accordance with the spatial strategy of the development plan; and ii) the amount of development proposed and its effect on the Cotswold National Landscape (CNL), the Biddestone Conservation Area (CA) and its setting, and the significance and setting of nearby listed buildings. https://www.gov.uk/planning-inspectorate
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3371671 Reasons Spatial Strategy 6. Policies CP1 and CP10 of the Wiltshire Core Strategy (WCS) outline the hierarchical spatial strategy for accommodating new housing in Wiltshire, with development focused on principal settlements, then market towns, then local service centres, then large villages and finally small villages. The first four of these settlement categories have defined settlement boundaries. The lowest end of the hierarchy, small villages, does not benefit from designated settlement boundaries. 7. Policy CP2 of the WCS sets out the Council’s housing delivery strategy and states that, unless permitted by other policies within the WCS, as set out in paragraph 4.25, development will not be permitted outside the limits of development, defined by the settlement boundaries. Policy CP2 states that at small villages, such as Biddestone, development will be limited to infill within the existing built area. The appeal site is classified as a location outside the defined limits of development under Policy CP2 and there is little to indicate that any of the paragraph 4.25 exceptions apply in this case. It would therefore be categorised as open countryside.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision The question then, is whether the appeal site would constitute infill development. 8. Policy CP2 of the WCS defines infill development as ‘the filling of a small gap within the village that is only large enough for not more than a few dwellings, generally only one dwelling’. The appeal site, in terms of its own size, would only be suitable for a small number of dwellings, and so may be considered to comply with policy CP2 in this regard. However, whilst there is development to both the west and east of the appeal site, there are substantially sized fields between the appeal site and such development. Accordingly, as a matter of fact and degree, I do not find that this would constitute a small gap within the village. Development would therefore be in open countryside. 9. No evidence has been put before me that would demonstrate that the appeal proposal would comply with any of the exemptions for development in the countryside, outlined in saved Policy H4 of the North Wiltshire Local Plan 2011. I therefore find the proposal would conflict with Policies CP1, CP2 and CP10 of the WCS. 10.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Policies CP60 and CP61 of the WCS identify that new development should be located and designed to reduce the need to travel by private car and encourage the use of sustainable transport alternatives. 11. The village of Biddestone has few local services, limited to the local pub and church. Residents would need to travel for most of the services and facilities that they would require daily. Having examined the submitted evidence, I find that whilst the bus timetables do identify the availability of access to public transport, the timings and frequency of such transport, is not such that future occupants would be able to rely on the system to provide the regularity of access to the services they would require, though it is acknowledged that there is a school bus service. 12. Whilst Chippenham may technically be within cycling range, I find the combination of the distance, and the route either via narrow, unlit country roads, or faster A roads, would not encourage cycle use. Whilst the appeal site would be provided with an electric vehicle charger, which would be a sustainable form of transport, this https://www.gov.uk/planning-inspectorate 2
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3371671 would not be considered until the TDC stage, were PIP granted. Therefore, residents would need to rely on the motor car for daily access to most of the services they need and for employment. Accordingly, I find the proposal would conflict with Policies CP60 and CP61 of the WCS. Amount of Development and Effect on National Landscape and Heritage Assets 13. The appeal site is part of what was the playing field of the former village school. It is an area of open, gently sloping land, bounded by a mix of waist height stone walls and post and rail timber fences. A high hedge is situated to its southern boundary, behind the fence, together with a small belt of mature trees. The former school building, which has been substantially extended and converted into a residential dwelling, is situated to the north side of the appeal site. This dwelling would provide the appeal site with its vehicular access, via a lane past the former school building itself, and between School Cottage and Elm Cottage, two grade II listed buildings, joining The Green, close to its junction with Church Road. 14. To the south of the site, beyond the hedge lies open farmland.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision To the east of the site is a substantially sized open field, with the grade II listed ‘Pool Farm’ House and its outbuildings beyond. At the northern end of this field is the village pond which opens onto ‘The Green’ at the heart of the village. To the west of the appeal site is another substantially sized open field, with a dense belt of trees at its western boundary, lining the drive to the Old Rectory beyond. 15. The appeal site lies towards the southern end of, but within, the Cotswolds National Landscape (CNL), an area designated for its landscape and scenic beauty. The site, and the fields which flank it, are a substantial area of green open space. They form the transition between the open countryside of the CNL and the southern fringes of the village of Biddestone, acting as a buffer between development and the wider CNL. 16. This part of the CNL is nationally defined as the Cornbrash Pastoral Lowlands, the appeal site sitting within the character area 14A – Biddestone Lowland Farmland designation.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision The Cornbrash Lowlands are defined as providing the transition from the Dip-Slope Lowland of the South Cotswolds to the flatter, more open landscapes to the south-east, though only two small areas of this character type occur in the CNL, 14A being one of them. It is a gently undulating, rural landscape that offers views over productive farmland. Fields are medium to large, in size, bounded by intermittent hedgerows and the occasional stone wall. Woodland is infrequent. Nucleated villages, hamlets and farms make up the dispersed pattern of development. 17. The district-level North Wiltshire Landscape Character Assessment defines the site as being within the Limestone Lowland Landscape Character Area. This designation notes the area as being a generally broad, rolling landscape, where objectives include the conservation and enhancement of its pastoral character and the discouragement of development in its rural hinterland. 18. The appeal site is of sufficient size to accommodate the amount of proposed development. In that sense, there is agreement between the parties that the amount of proposed development would be acceptable, within the area of land available.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision However, I have already found that from a land use and location perspective, the proposal would conflict with the WCS policies which control development in these regards. https://www.gov.uk/planning-inspectorate 3
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision However, I have already found that from a land use and location perspective, the proposal would conflict with the WCS policies which control development in these regards. https://www.gov.uk/planning-inspectorate 3
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3371671 19. The appeal site is bounded to east and west by open fields. At my visit, it was evident that a public footpath runs from the side of the village pond on The Green, through the field to the east of the appeal site, running across several further fields to join Hartham Lane south of the village. From this footpath, there are currently views across the appeal site to the open field to its west, though there is a sparse hedge on the field side of the stone boundary wall, which restricts some visibility. Development within the appeal site would therefore be visible from the public realm within the CNL. It would have the effect of reducing the open character of the landscape at its transition from the village to the wider landscape. 20. Whilst this is a PIP appeal, and the full detailed design and extent of development would not be put forward until the TDC stage, were the PIP granted, I find that the introduction of built form, residential activity and inevitable lighting at night, would harmfully encroach into the countryside. As such the proposal would have a significant harmful effect on the rural nature of the area.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision It would also fail to enhance the existing tranquil, rural character of this sensitive landscape setting. 21. Consequently, the proposed development has not demonstrated that it would conserve and enhance the CNL. Accordingly, I find conflict with Policy CP51 and CP57 of the WCS in relation to the location of the proposed development and the conservation and enhancement of the landscape character of the CNL. These policies, among other things, seek development that protects, conserves and, where possible, enhances the character of the landscape and local distinctiveness. 22. The appeal site lies within the Biddestone Conservation Area (CA) and is proximate to three grade II listed buildings. The CA covers a large area, covering much of the built-up area of the village, and includes a significant amount of open land to the south of both the appeal site and the other built form of the village. The significance of the CA is derived from the mix of historic buildings within the village, which has an exceptionally high number of listed buildings, together with its pastoral, tranquil rural setting.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision The appeal site, as it contributes to the rural setting of the village, makes a positive contribution to the significance of the CA and its setting. 23. Given that this is a PIP application, the full detailed design and extent of development would not be submitted until the TDC stage, were the PIP granted. It is therefore not possible to fully assess any specific effects or levels of harm, if any, the proposal might have on the significance of, or setting of, the nearby listed buildings. This would be more properly examined at the TDC stage. I have therefore, treated the proposal’s potential effects on listed building heritage assets, as a neutral factor in this appeal. 24. However, the introduction of the built form of a dwelling into the appeal site would result in the undeveloped, open, rural character of this land being diminished. It would therefore reduce the positive contribution the appeal site makes to the significance and setting of the CA, causing less than substantial harm, which I find would be at the lower end of that scale. Therefore, I find the proposal would conflict with Policy CP58 of the WCS.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision This policy, among other things, seeks development to conserve and enhance the setting and significance of designated heritage assets. Other Matters 25. My attention has been drawn to several PIP appeal decisions for housing developments in Wiltshire, which were found to be contrary to the Development https://www.gov.uk/planning-inspectorate 4
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision This policy, among other things, seeks development to conserve and enhance the setting and significance of designated heritage assets. Other Matters 25. My attention has been drawn to several PIP appeal decisions for housing developments in Wiltshire, which were found to be contrary to the Development https://www.gov.uk/planning-inspectorate 4
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3371671 Plan, but were allowed due to the deficiency in housing land supply. However, having examined these examples, they all have a different site and locational context and significantly, none are located within a National Landscape setting. Accordingly, the circumstances are not directly comparable with those which apply in this appeal. Planning Balance 26. The Council have identified within their appeal statement that they can demonstrate a 2.03-year supply of housing land, calculated in accordance with the National Planning Policy Framework 2024 (the Framework). 27. Accordingly, paragraph 11(d) of the Framework is engaged for decision making purposes. However, the appeal site is within the CNL, and within the Biddestone CA. These are two of the protected areas or assets referenced in paragraph 11(d) (i) and footnote 7 of the Framework. 28. Section 245 of the Levelling-up and Regeneration Act 2023 (LURA) places a duty on relevant authorities and decision makers to seek to further the statutory purposes of protected landscapes, of which the CNL is one.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision It requires, as far as is reasonably practical, relevant authorities to seek to avoid harm and to contribute to the conservation and enhancement of the natural beauty, special qualities and key characteristics of Protected Landscapes. 29. Paragraph 189 of the Framework requires ‘Great Weight’ to be given to conserving and enhancing landscape and scenic beauty in National Landscapes (NL), which have the highest status of protection in relation to these issues. The scale and extent of development within a NL should be limited, to avoid or minimise adverse impact on the designated area. As I have found that the proposal would not conserve the landscape and scenic beauty of the NL, then this weighs heavily against the proposed development and therefore provides a strong reason for refusal. Hence paragraph 11(d)(ii) of the Framework does not apply in this instance. 30. The policies within section 16 of the Framework need to be considered, specifically paragraph 212, that requires decision makers when considering the impact of a proposed development on the significance of a designated heritage asset to give great weight to its conservation.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision I have already found that there would be harm to the significance and setting of the CA. This carries great weight against the proposal. 31. The appeal proposal would provide additional housing which would support the government’s objective of significantly boosting the supply of homes. However, as the proposal is only for a single dwelling, this would attract only moderate weight. The proposal would also provide local economic benefit, both in the construction phase and in the longer term with future occupiers supporting local businesses and services within the area. However, given the size of the development this would again attract only moderate weight. 32. These public benefits would not be sufficient to outweigh the great weight I give to the less than substantial harm to the significance of the CA. https://www.gov.uk/planning-inspectorate 5
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/25/3371671 33. I have already found that the proposal would not be infill development, that it would not represent a suitable or sustainable location for residential development, taking into account the delivery strategy and the accessibility to day-to-day services. Consequently, I have also found it would conflict with the Local Plan policies in these regards. 34. The Local Plan is more than five years old. and the Council cannot demonstrate a five-year housing land supply, hence I give limited weight to the conflict with the spatial strategy. However, given that the other policies with which I find conflict largely accord with the Framework, I give that conflict full weight. Overall, therefore, there would be conflict with the development plan as a whole. Conclusion 35. For the reasons set out above, I conclude that the appeal proposal would be contrary to the development plan, read as a whole, and that the material considerations I outline above, including policies in the Framework, would not outweigh that conflict. Therefore, the appeal is dismissed.
Land at The School, The Green, Biddestone, Wiltshire, SN14 7DG — Wiltshire Council — D R Kay INSPECTOR https://www.gov.uk/planning-inspectorate 6
Main issues and findings
Green belt Against appellant ¶8
The appeal site is located in open countryside, and the proposal would not constitute infill development. It would therefore conflict with Policies CP1, CP2, and CP10 of the Wiltshire Core Strategy.
Ecology and biodiversity Against appellant ¶20
The introduction of built form, residential activity, and inevitable lighting at night would harmfully encroach into the countryside and fail to enhance the existing tranquil, rural character of this sensitive landscape setting.
Trees and landscape Against appellant ¶21
The proposed development has not demonstrated that it would conserve and enhance the Cotswold National Landscape. It would therefore conflict with Policy CP51 and CP57 of the Wiltshire Core Strategy.
Heritage impact Neutral ¶23
The proposal's potential effects on listed building heritage assets are neutral, as they would be examined at the technical details consent stage.
Heritage impact Against appellant ¶24
The introduction of the built form of a dwelling would result in the undeveloped, open, rural character of this land being diminished, causing less than substantial harm to the Biddestone Conservation Area.
Flood risk Neutral ¶null
No information was provided regarding flood risk.
Character and appearance Against appellant ¶20
The introduction of built form, residential activity, and inevitable lighting at night would harmfully encroach into the countryside and fail to enhance the existing tranquil, rural character of this sensitive landscape setting.
Living conditions Against appellant ¶11
The proposal would conflict with Policies CP60 and CP61 of the Wiltshire Core Strategy, as it would not reduce the need to travel by private car and encourage the use of sustainable transport alternatives.
Planning obligations Neutral ¶null
No information was provided regarding planning obligations.
Affordable housing Neutral ¶null
No information was provided regarding affordable housing.
Housing land supply For appellant ¶26
The Council can demonstrate a 2.03-year supply of housing land, calculated in accordance with the National Planning Policy Framework 2024.
Conditions For appellant ¶null
No information was provided regarding conditions.
Other Against appellant ¶25
The circumstances of the appeal are not directly comparable to previous PIP appeal decisions that were allowed due to the deficiency in housing land supply.
Policies relied on
| Reference | Weight |
|---|---|
| CP1, CP2, and CP10 of the Wiltshire Core Strategy |
Determinative |
| Policy CP51 and CP57 of the Wiltshire Core Strategy |
Determinative |
| Policy CP58 of the Wiltshire Core Strategy |
Determinative |
| Paragraph 11(d) of the National Planning Policy Framework 2024 |
Moderate |
| Section 245 of the Levelling-up and Regeneration Act 2023 |
Great weight |
| Paragraph 189 of the National Planning Policy Framework 2024 |
Great weight |
Site constraints from the Casework Database
Source
Decision letter, 6 pages, issued by the Planning Inspectorate on 19 December 2025 under the Open Government Licence.