Key decisions

Housing new build

Harm to area character has scuppered a proposed 150-home scheme on the edge of a Berkshire town.

The site comprised undulating grassland in a locally designated area of special landscape importance. The inspector held that the proposal, which would include some dwellings being sited on a gently sloping hillside, would represent a significant local incursion of development into the countryside beyond the town’s readily identifiable built-up area. In his view, the proposal would have a harmful urbanising effect, with the relatively tranquil open fields that characterised the area being replaced by a combination of dwellings and public open space. The development was unlikely to integrate successfully with its surroundings and it would not be seen as a logical and well-mitigated adjunct to the town, the inspector held.   

The inspector noted that the council could not demonstrate a five-year supply of housing land, so the most important development plan policies for determining the application were to be treated as being out-of-date. This meant that the tilted balance should be applied, the inspector acknowledged.

The inspector found that the development would be acceptable in relation to a range of issues including accessibility to local services and facilities, the integrity of a special protection area and affordable housing provision. However, he concluded that the level of harm to the area’s character and appearance was such that it was not outweighed by the proposal’s benefits.

Inspector: Grahame Gould; Inquiry.
DCS Number: 200-011-281

Comment: A clutch of cases this month show how inspectors balance issues such as landscape impact when deciding on housing proposals where there is no five-year land supply in place. In this case in Berkshire, the landscape in question, just outside the town of Sandhurst, was of a sensitive nature and had a local designation of area of special landscape importance. Looking at the sloping characteristics of the site, the inspector decided that the new housing would be unlikely to integrate successfully with its surroundings. In a case in Worcestershire (DCS NUmber: 200-011-322), the site in question was not even subject to a designation, but the inspector referred to its classification in a landscape character assessment. This described the site as being within an ancient settlement with a dispersed settlement pattern, in a rolling lowland landscape. The site's characteristics meant it contributed towards this character, the inspector held, and she found the proposal would significantly diminish this landscape value. By contrast, in a third case, this time in East Sussex (DCS Number: 200-011-337), an inspector ruled that proximity to existing development would mean that landscape impacts would be only moderate. In this case, a sizable housing land shortfall meant the benefits of the housing would be substantial, the inspector ruled, and the appeal was allowed.

Waste development

The benefits of bringing an unauthorised waste facility in Bedfordshire under improved planning control have been held to justify granting consent for the scheme.

An inspector quashed an enforcement notice relating to the waste transfer, processing and recycling facility in the green belt and granted permission for the scheme. He found that although the scheme was inappropriate development in the green belt, the ability to bring it under improved control through the imposition of planning conditions was a substantial benefit. 

After the appeal was made, the council withdrew its opposition to the deemed application for planning permission. The inspector noted that the site already benefited from a certificate of lawful use for development for various uses, which included the storage, dismantling, repair and sale of vehicles and plant, the storage, repair and hire of skips, and other ancillary development.

There was no dispute that the development was inappropriate within the green belt, so did not meet the exceptions to inappropriate development listed at paragraphs 149 and 150 of the National Planning Policy Framework (NPPF). The inspector also found that the development had introduced new structures that had resulted in a small loss to the openness of the green belt. However, these were well-contained by adjoining commercial sites and substantial boundary treatment, and the character and appearance of the area had not been harmed, he held.

The inspector noted that the previous lawful use had not been subject to any planning conditions. While the lawful use and current unauthorised use were different, they also had many similarities, the inspector opined, and would be similar in many of their impacts. Consequently, there was a genuine and substantial benefit in the use of the site being controlled by planning conditions, he held. 

Moreover, in the inspector’s view, the site provided a valuable facility that assisted in the recycling of waste materials. These matters clearly outweighed the harm to the green belt, so amounted to very special circumstances, he concluded.

Inspector: Peter Willows; Inquiry.
DCS Number: 200-011-318

Comment: This case is an example of where improved planning control over previously unauthorised development can constitute very special circumstances justifying green belt development. In this case, an enforcement notice had been issued against a waste facility which had been developed in the green belt, and which included features such as a metal sided curved building and concrete panels. The inspector acknowledged that this was an inappropriate development in the green belt which affected openness. However, he highlighted that the previous lawful use of the site – which involved activities involving vehicles, plant and skips – was not subject to conditions controlling the impacts of their use. He held that genuine benefits arose from the chance to impose specific and detailed controls over some parts of the site, backed up by enforcement, that planning conditions could secure. This, along with the other benefits of providing a waste facility, amounted to very special circumstances justifying the development, he ruled, and the notice was quashed.

Latest cases

Community facilities

The benefits of proposed extra care apartments at a former hospital site in south-west London have been held to justify the scheme.

An inspector granted permission for 128 apartments in a tall building on the site of a redundant Victorian hospital wing. The main issues concerned the effect of the proposed three to eight-storey development on the character and appearance of the surrounding area, including the effect on heritage assets, and whether it would be overbearing on neighbours. While the site lay close to tall large-scale hospital buildings, it bounded the rear gardens of traditional Victorian houses on one side.

The inspector was satisfied that separation distances and a transition in height across the blocks that formed the single building, combined with use of materials and colours to break up its mass, would prevent it appearing domineering in relation to surrounding properties. Although it was not in an identified location for tall buildings, it satisfied other policy criteria, he held. 

The inspector gave significant weight to support from an independent review panel and the council’s own design officer. In doing so, he noted the advice in paragraph 133 of the National Planning Policy Framework that regard should be had to any recommendations made by design review panels. He concluded the proposal complied with the development plan overall. He also held that the effects on non-designated heritage assets, including loss of the hospital wing, were outweighed by the contribution to meeting a general housing shortfall and need for specialist elderly accommodation.

Inspector: Kenneth Stone; Hearing
DCS Number: 200-011-283

Energy development

The benefits of a proposed 25-megawatt solar farm in south Wales have been held to justify the proposal.

Welsh ministers granted consent for the scheme on the 31.8-hectare site near Cardiff after accepting an inspector’s finding that the proposal would not give rise to unacceptable landscape and visual amenity impact. The ministers found that the scheme’s 25-megawatt capacity would generate renewable power sufficient to power up to 7,500 homes over its operational lifespan and displace some 10,050 tonnes of carbon dioxide (CO₂) a year. Permission was also sought for a battery storage facility alongside the solar farm.

After considering a range of issues, the inspector identified the main benefits as renewable energy generation and reduction in CO₂ emissions. In addition, he found that the on-site storage of power would be beneficial in terms of controlling the rate of flow to the national grid, enabling the peaks and flows of production to be evened out to align better with consumption. Affording these benefits considerable weight in the light of national policy support for increasing production of renewable energy while balancing the protection of other relevant considerations, the inspector concluded permission should be granted and the Welsh ministers accepted this recommendation.

Inspector: Iwan Lloyd; Hearing
DCS Number: 200-011-306

Housing new build 

The benefits of a housing scheme in Wiltshire have been held to outweigh its shortfall in contributions to infrastructure provision.

An inspector granted permission for up to 220 homes on land which formed part of a planned urban extension to a town. In doing so, he accepted the appellants’ argument that a primary school was not needed and that a shortfall in other infrastructure provision on viability grounds was not fatal to the scheme. 

The local plan sub-divided the 8,000-home allocation into villages and set out an expectation for a primary school to be provided at the heart of each village, the inspector noted. However, the appellant argued that this approach was not justified by pupil numbers and that 2.2 hectares of land within their site set aside for a school should be used for extra housing. Preferring the appellants’ more up-to-date calculations of pupil numbers, the inspector found neither the appeal scheme nor the wider village development justified provision of a primary school in practice, in a departure from development plan policy.  

The inspector held that the scheme could provide just 15 per cent affordable housing rather than meeting the full policy requirement of 30 per cent, due to viability issues. In his view, it could also only contribute a considerably reduced sum towards other infrastructure than had been calculated by the council.

The council had argued that a development which could not afford to contribute the full cost of associated infrastructure could not be regarded as sustainable. However, the inspector concluded that the benefits of the scheme, in the context of a five-year housing shortfall, outweighed the development plan policy conflict and disadvantage of the shortfall in infrastructure contributions. 

Inspector: Brian Sims; Inquiry
DCS Number: 200-011-312

The benefits of a greenfield housing proposal in Essex, combined with conditions to expedite delivery, have been held to outweigh adverse impacts.

An inspector allowed the 200-home scheme, including 30 per cent affordable, on agricultural land outside the boundary of a town, after finding an absence of a five-year housing land supply. The council had recently adopted a new local plan but following publication of a housing land supply position statement, accepted that supply had fallen to 4.86 years. On this basis, given the application of the tilted balance, it chose not to defend the appeal.

The inspector gave reduced weight to the location of the site outside the development boundary of the town and substantial weight to the benefits of providing housing in an accessible location. She also took into account a section 106 agreement safeguarding land within the site for the route of a planned bypass. In her view, the limited conflict with the development plan was outweighed by the benefits of the development. In allowing the appeal, the inspector imposed a condition reducing the standard time limit for the commencement of the development to one year, in order to help alleviate the housing shortfall.

Inspector: Rebecca Norman; Inquiry
DCS Number: 200-011-326

The benefits of housing have been given substantial weight in granting permission for 100 homes on a rural site in East Sussex.

An inspector allowed the proposal for the housing, 40 per cent of which would be affordable, on an open site between villages. The inspector noted that the proposed development would conflict with a number of policies in the development plan. This included spatial policy as the site was located outside any settlement boundary, he noted, while the scheme would have moderate harmful effects upon the landscape, character and appearance of the area. It would cause minor harm to the setting of and views from the South Downs national park and moderate harm to the setting of heritage assets, he noted.  

In the planning balance, the inspector attributed substantial weight to the scheme’s public benefits in making a contribution of 100 dwellings with 40 per cent affordable housing in the context of a large housing shortfall and under-provision of affordable housing. Significant benefits would also arise from the provision of outdoor sports and recreational facilities, he held, and moderate benefits from the proposed biodiversity enhancements and economic benefits. In the context of a housing supply shortfall, the inspector concluded that the adverse impacts were not significantly and demonstrably outweighed by the benefits of the scheme.

Inspector: David Cliff; Inquiry
DCS Number: 200-011-337 

A proposed housing scheme on previously developed land in the Essex green belt has been held to be not inappropriate development.

An inspector granted permission for 47 homes on the edge of a town, after deciding that the site’s previously developed status and enclosure reduced its impact on the openness of the green belt. The site contained equestrian facilities including buildings and paddocks, and the inspector held that the curtilage of developed land could be considered as previously developed land. Therefore, he held that the entire site, which lay within the green belt, was previously developed.

In the inspector’s view, the site was largely visually self-contained and although the scheme would spread development across it, as opposed to concentrating it in one area, it would be viewed in the context of housing on two sides. Further, it could only be considered inappropriate if substantial harm was inflicted and the scheme fell below this threshold, he held. 

The council accepted that housing delivery had been persistently poor over several years and the inspector agreed there was little likelihood of an improvement over the short to medium term. In numerical terms the shortfall equated to between 3,345 and 4,200 homes, he held. Thus, the open market and affordable homes would be very substantial benefits and there would be limited impact on the area's character and appearance, he concluded.

Inspector: Owen Woodwards; Inquiry
DCS Number: 200-011-315

Harm to area character and appearance has been held to outweigh the benefits of proposed new housing in Worcestershire.

A proposal for 30 homes on the edge of a village was dismissed by an inspector, who concluded that the scheme would cause significant harm to the landscape character and appearance of the site and surrounding area. She also found that the proposal would not be suitably located, despite the council being unable to demonstrate a five-year housing land supply.

The inspector noted that the site fell outside the village’s defined settlement boundary and within open countryside where development plan policy sought generally to restrict new housing.  The inspector noted that the policy also set out a settlement hierarchy against which windfall proposals would be assessed. This included directing new housing to villages that provided a reasonable range of local services and facilities, and which were considered suitable for new housing at an appropriate scale to meet local needs, she noted.

The inspector found that the village had only limited facilities, so future residents would need to travel outside it to access routine amenities. In her view, the proposed development would represent an extension of a significant scale relative to the size of the village and generate a considerable increase in journeys by car. The site was therefore not in a suitable location for such a development, she held.

The inspector also noted that the site was within an area identified locally as having a distinctive character, being an ancient landscape with a dispersed settlement pattern. The proposal would significantly diminish the site’s landscape value and cause significant harm to the character and appearance of the wider landscape, she ruled.

Despite acknowledging that the shortfall in housing land supply meant the tilted balance was engaged, the inspector concluded overall that the development’s significant harm outweighed its benefits.

Inspector: Jessica Powis; Inquiry.
DCS Number: 200-011-322

 Housing conversion

The conversion of student halls in a Bedfordshire town to apartments has been held to be in compliance with development plan policies.

The inspector noted that the site lay in the town’s "creative quarter" where a local plan policy aimed to provide a thriving mixed-use area that included new housing and uses that promoted a café culture. In contrast to other sites, it was not allocated for any site-specific development, the inspector noted, and was vacant with a forlorn appearance, generating no vitality or activity.

Conversely, the proposal for 132 flats would bring new use and activity, without harming the balance of uses in the area, the inspector held. While there would be some conflict with the council’s masterplan and the objective for the complete redevelopment of the site for mixed-use development, that was a corporate document rather than a planning document, the inspector observed. In his view, the principle of residential conversion was in compliance with the development plan as a whole. 

The inspector also concluded that the proposal would be an efficient use of land in terms of the number of homes created and there was little likelihood or proven viability of other uses. Moreover, the proposed changes to the buildings and their setting were positive and would not harm the town centre. The inspector also judged that the proposal would provide adequate communal open space and therefore satisfactory living conditions for the intended occupants.

Inspector: John Longmuir; Inquiry.
DCS Number: 200-011-277

 Mixed development 

Very special circumstances have been found to justify a golf resort and mixed-use development on green belt land in Greater Manchester.

An inspector approved the plans to restore a registered park and garden that once formed the estate to a stately home, with a major mixed-use scheme. The appellants proposed a championship-grade golf resort, and a mixed-use scheme including up to 1,036 homes, a village hall, allotments, primary school and other retail, leisure and community uses. The appeal site lay partly within the green belt.

The inspector noted that the principle of development on the site had already been established by virtue of a consented scheme. The proposal constituted inappropriate development in the green belt and would result in substantial harm to its openness, the inspector ruled.  There would be some conflict with the development plan due to development being located outside settlement boundaries, harm to landscape character and the loss of agricultural land, he held. 

However, the inspector held that the scheme would deliver all of the benefits identified in the consented scheme, and that they would be of a higher order in a number of key areas. He noted that these included enhancement to heritage assets, the delivery of new homes and jobs in an area of need. They would also include affordable housing, community facilities and a significantly improved package of walking routes across the site, he recorded.

In the inspector’s view, there would also be enhanced benefits in relation to the diversification of ecological features and habitats on the site compared with the consented scheme. Other public benefits would include highway improvements, he noted.

The inspector also held that the scheme would significantly reduce the harm to the green belt compared with the consented scheme because it would reduce the amount of housing within the green belt part of the site. Overall, the inspector concluded that the proposal's benefits were of such magnitude that they clearly outweighed the identified harm, and that very special circumstances existed to justify the development.

Inspector: Dominic Young; Inquiry.
DCS Number: 200-011-267

It was not possible to conclude that a proposed out-of-town mixed-use scheme would not harm a nearby city centre, Scottish ministers have held.

The ministers dismissed the proposal for a supermarket, offices, drive-thru restaurant and car showroom. The site was on greenfield land just within the city’s settlement boundary and was next to an existing retail park. The site had been allocated by the council for commercial development for a number of years, and the council had not opposed most of the commercial uses proposed. However, the retail component of the allocation had been for bulky goods rather than the food superstore proposed. 

As the retail aspect of the proposal deviated from the allocation policy, it was therefore necessary to compare the proposal to the council’s retail policies, the reporter noted. Despite the site being low down in the hierarchy of the council’s sequential test for retail sites, he noted that no sequentially preferable sites were available for such a large scheme. However, he held that the appellant’s retail impact assessment was not sufficiently robust, having based their need assessment on out-of-date figures. The assessment’s data had been compiled before a number of supermarkets had been opened in the city, so it was not possible to tell how vulnerable the existing town centres were to losing their vitality and viability. The ministers agreed this meant it was not possible to conclude that the scheme would not have significant or unacceptable impacts on the network of centres, including the city centre.

Regarding accessibility, both the reporter and Scottish ministers recognised that the nature of the proposal meant there would be a reliance on private cars, especially the car showroom and drive-thru aspect. However, the location meant it was possible to impose active travel and public transport routes through conditions.

Reporter: Christopher Warren; Call In
DCS Number: 200-011-299

Retail development

The proposed conversion of a retail unit in Hertfordshire into a foodstore has been held to be not prejudicial to council aspirations for the wider site.

An inspector decided that permitting an Aldi foodstore to occupy part of a town fringe Homebase store – which was limited to non-food sales – would not frustrate the council’s aspirations for a mixed-use development of the wider site. Development policy was clear that piecemeal development within the mixed-use allocation should not prejudice a masterplan for the area, he found. However, noting that no masterplan had yet been produced, he held that it was illogical to resist development on the basis of prejudice to a masterplan which did not exist. At the inquiry, the council was unable to identify any way in which the appeal scheme would actually prejudice a future development coming forward, he noted. The inspector concluded that the proposed use would not harm the potential for a comprehensive mixed-use development of the allocated site, especially as the council’s approach was at such an early stage and physical works were minor.

In the inspector’s assessment, the proposal would accord with development plan policies seeking to enhance the retail offer in the town centre, by providing a major new anchor store and increasing consumer choice in a part of the town with low footfall and in need of investment. The proposal would also integrate well with the town centre and improve connectivity and provide a town centre car park, he held. He also had regard to the realistic fallback of the Homebase store subdividing to accommodate another non-food retailer but without the improvements offered by the appeal scheme The inspector concluded the scheme complied with the development plan as a whole and he allowed the appeal.

Inspector: Phillip Ware; Inquiry
DCS Number: 200-011-330

Transport development

The public benefits of a proposed new railway in Bristol have been held to significantly outweigh its limited harm.

The secretary of state for transport granted development consent for the construction of the new railway on the trackbed of the former Bristol to Portishead branch line. In doing so, he accepted the examining authority’s conclusions that the scheme would have significant public benefits and the project would be adequately funded. 

The examiners noted that the proposed development formed part of the wider MetroWest project for improving passenger rail services in the Bristol sub-region. It would extend over a 13.7-kilometre section of railway, between Portishead and Ashton Junction in Bristol. The portion of the route subject of the development consent order comprised works to a 5.6-kilometre section of trackbed between Portishead and Portbury Dock Junction, to enable it to be reopened.  The application also included new stations and supporting infrastructure.

The examiners found the railway would offer significant benefits, particularly in reducing journey times between Bristol and Portishead and providing a credible alternative transport mode. Any adverse impacts would be mitigated as far as reasonably possible, it recommended. The secretary of state agreed there was a compelling case for the project, taking into account the significant public benefits it would be likely to achieve. The secretary of state also concluded there was no reason to consider that, if the development consent order were to be made, the proposed development would not proceed due to insufficient funding.     

Examining Authority: Jo Dowling and Susan Hunt.
DCS Number: 200-011-320

The benefits of a new section of dual carriageway through the Cotswolds AONB in Gloucestershire have been held to outweigh landscape harm. 

The secretary of state for transport granted development consent for the new section of the A417 between Cirencester and Gloucester, after finding it was justified by its transport and socio-economic benefits. The nationally significant infrastructure project entailed constructing 5.5 kilometres of new dual carriageway through sensitive Area of Outstanding Natural Beauty (AONB) landscape.

The examiners’ report stated the project had strong support from local councils and relevant development plans. The scheme's supporters said it would reduce congestion and rat-running through villages and greatly improve road safety as well as provide wider economic benefits, it noted. 

The secretary of state agreed with the examiners that the harm to the AONB weighed substantially against granting development consent. He also accepted there were other adverse impacts including the demolition of a local landmark pub and intrusion into the setting of scheduled ancient monuments and listed farm buildings. However, in the overall planning balance, the road's transport and socio-economic benefits outweighed these impacts, he concluded. The secretary of state was satisfied that the proposal met the AONB tests of exceptional circumstances, compelling reasons and high environmental standards.

In a separate decision, the secretary of state also granted development consent for new link roads in Derbyshire which he concluded would improve the strategic east-west Trans-Pennine route. Despite strong objections from the national park authority and the CPRE on the grounds of a reduction in tranquillity, consent was granted for a series of improvements to the A57 close to the Peak District. 

The secretary of state accepted there would be effects within the national park. However, he agreed with his examiners that as the application site lay outside of the national park, the requirement in the National Planning Policy Framework to apply ‘great weight’ to conserving and enhancing landscape and scenic beauty in such locations did not apply. 

The secretary of state further agreed with his inspectors that there were very special circumstances to justify construction of the project on green belt land and that this and other adverse impacts were outweighed by the need for the development.

Examiners (for the A417 scheme): Kenneth Stone, David Wallis; Hearing
DCS Number: 200-011-328

Examiners (for the A57 scheme): Stuart Cowperthwaite, Ian Dyer; Hearing
DCS Number: 200-011-329