Appeal 6000502

The appeal is allowed and planning permission is granted for the proposed use of land for the siting of a holiday letting cabin and installation of a septic tank at [site address] , [site address] , Morrey, Yoxall, Staffordshire [postcode] in accordance with the terms of the application, [name]/2024/00731, and the plans submitted with it, subject to the conditions set out in the attached schedule.

The description in the header above is taken from the application form. However, the Council’s description on the refusal notice more accurately describes the development as including the installation of a septic tank. Therefore, notwithstanding the appellant’s description above I have determined the application on the basis of the Council’s description.

The appellants have submitted a planning obligation by way of a [name] (the ‘UU’) with the appeal in response to the third reason for refusal. The Council confirms this now overcomes the issues in the third reason for refusal. From the evidence before me I have no reason to take a different view. I shall discuss the UU in more detail later in my decision.

The first and second reasons for refusal overlap in their consideration of the over reliance on the use of the private motor car as a result of the proposal’s location. The reliance on the car is an issue more suited to the first refusal reason.

In light of the above, the main issues in this appeal are: • Whether the appeal site would be a suitable location for tourist holiday accommodation with regard to local and national policies, and • The effect of the proposed development on highway safety with particular regard to pedestrian, cyclist and vehicle conflict.

The appeal site is located on the edge of woodland that forms part of the appellants’ land and farm holding. It is located off the A515, a main road between the nearest villages of Yoxall and [name], via a narrow lane to the farm. From here visitors would leave their cars, where parking would be provided, and a farm vehicle would take them and their luggage to the proposed holiday cabin along the track. The proposed single storey, timber clad cabin would measure approximately 12m by 6.7m and have 2 bedrooms.

The Council has a suite of policies to guide the location of development. Strategic Policy 1 (SP1) of the East Staffordshire Local Plan (the Local Plan) seeks, among other things, to ensure that development is located on, or with good links, to the strategic highway network and is convenient and safe to walk, cycle and travel by public transport.

Local Plan Policy SP8 seeks to limit the types of development to be located outside settlement boundaries. Acceptable types of development include those essential to the support and viability of an existing lawful business or the creation of a new business appropriate in the countryside in terms of type, size and impact, or otherwise appropriate in the countryside. Developments also need to meet a number of criteria that include, amongst other things, that there is no adverse effect on the amenities of existing land users and occupiers of the nearby settlement; does not introduce considerable urban form; the proximity to settlements where there are advantages of sustainable linkages, and does not have an adverse impact on the transport highway network and provides adequate access for all necessary users.

Local Plan Policy SP15 deals with new tourism and leisure developments, which will be assessed on the extent to which they support the local economy and promote the distinctive character and quality of the area and can make positive use of the Borough’s natural assets, such as the National Forest. Tourist accommodation is expected to be provided within existing settlements where it can make use of existing infrastructure and facilities.

Local Plan Policy SP24 seeks to promote high quality design, including development that aids movement and accessibility by providing clear and legible connections and accounts for pedestrians and cyclists.

There is no dispute between the parties that the site lies outside the settlement boundaries of the nearest villages of Yoxall and [name] and is in the open countryside, which I saw was clearly the case. Between them, the villages have a range of services and facilities that include a number of public houses and convenience stores. However, I saw that there was no pavement along the lane from the farm, or along the A515 to access these in either Yoxall or [name]. The main road was busy and subject to the national speed limit of 60mph. It would not be a safe or pleasant experience to walk along the road into Yoxall, and would be less so in the dark as there are no street lights. Such is the nature of the A515 that it would also not encourage walking to the nearest bus stops.

Looking at the location plan, and what I saw during my visit, the appeal site does lie close to several public footpaths that head through woodland or over fields to the outskirts of Yoxall and which also offer links to a wider network of footpaths and national trails, including along the rivers Swarbourn and Trent. However, using these footpaths and crossing fields to get to the nearest village to access local services would not necessarily appeal to all visitors, and in adverse weather or muddy conditions would likely not be an attractive or realistic option. However, there are also a network of country lanes from the appeal site that could be used to cycle to Yoxall without needing to travel on this stretch of the A515, or explore the wider area with limited use of it.

That said, tourists visiting the area on holiday or for a short break would not necessarily need access to the same range of services and facilities as permanent residents. However, as the site is not well located to services, facilities or public transport it is likely that any visitors, if not walking or cycling from the holiday cabin, would be reliant on the car to get to and from the property to access facilities and to explore the area.

The National Planning Policy Framework (the Framework) recognises at paragraph 89 that to meet local business needs in rural areas, some sites may have to be found beyond existing settlements and in locations not well served by public transport. Whilst recognising the need to manage growth to encourage sustainable patterns of development, the Framework also acknowledges at paragraph 110 that opportunities to maximise sustainable transport solutions will vary between urban and rural areas and this should be taken into account.

At the same time, Framework paragraph 88 supports a prosperous rural economy, which can include the growth and expansion of all types of rural businesses and the diversification of agriculture. As Local Plan Policy SP15 explains, the Borough Council supports tourism growth and wishes to promote and enhance the environment, and the historic and natural assets which contribute to the Borough’s attractiveness. The policy also acknowledges that whilst [name] is not a major visitor destination, the tourism industry is nonetheless a significant employer in the area and the Borough has ‘excellent accessibility’ to other parts of the country and a high quality environment.

The proposed development creates some tension between the Council’s Local Plan Policies SP1, SP8, SP15 and SP24 for new development in the countryside outside settlements and accessibility on the one hand, and the support for tourism and the local economy on the other.

Convenient or close accessibility to local services and facilities is not always possible for all people or all types of development. Indeed, remoteness can be an attraction for some quiet rural holidays so that the intrinsic character and beauty of the countryside can be enjoyed better, and for those who enjoy walking and cycling pastimes for example. Such countryside locations not always located within settlements or conveniently close to them.

The appellants have submitted a confidential Business and [name] to support their application. The proposal would aid farm diversification for the appellants, who run a 25 hectare farm business of calf and livestock rearing, and the harvest and seasoning of timber. They have identified that the proposal would provide a more modest type of holiday accommodation that is generally lacking in the area that would fill the gap between holiday cottages and glamping/camping. Even if visitors would be reliant on the car for getting about, including to take advantage of the county’s natural beauty of its countryside and nearby landscapes of the National Forest and [name] and attractions such as [name], or to visit the National Memorial Arboretum, there would be knock-on benefits to the local and wider economy due to visitor spend in the area, as well as providing some rural farm diversification. In the absence of substantive evidence to the contrary I am satisfied the proposal would provide some rural diversification as well as providing a small-scale tourism facility that would being some economic benefits to the local area.

Balancing the competing requirements of the Local Plan Policies and the Framework, I find the proposed scale and nature of the proposal, albeit where visitors would be largely reliant on the car, would on the whole have benefits to the wider area and local economy that would outweigh the strict application of policy for the location of development. I therefore find that the appeal site would be a suitable location for the proposed holiday letting cabin. It would comply with the relevant parts of Local Plan Policies SP1, SP8, SP15 and SP24.

I have already described the lack of pavement and safe walking opportunities along the A515 to access facilities in the nearby local villages or to catch the bus. The section of [site address] between the appeal site and the A515 is not long, although it is unlit and narrow. If users of the holiday cabin chose to walk along the A515, they would be a risk from fast moving traffic and this would create an increased risk of pedestrian/vehicle conflict, particularly at night in the dark.

However, the holiday cabin would be a small-scale proposal with only 2 bedrooms that would self-limit the number of people able to use the cabin at any one time. Whilst pedestrian conditions along the A515 are not ideal, the number of people likely to be walking along it from the proposed holiday cabin would be few at any one time and the frequency of this happening would likely be limited. There are public footpaths nearby that could take visitors into Yoxall. As a result, the likelihood of pedestrian/vehicle conflict and highway safety concerns on the A515 would, in my view, be minimal.

There is no dedicated or demarcated cycle route in the vicinity or along the A515. However, cyclists are legitimate highway users who can cycle on the highway, even if some cyclists are less confident than others at doing so. As already described above, there are other quieter routes to use to cycle to Yoxall and the surrounding area without the need to travel along this stretch of the A515. Once in the village, the speed limit reduces.

[name] am satisfied that, due to the scale and nature of the proposed development, there would not be a significant highway safety risk to road users and pedestrian, cycle and vehicle conflict would not be significant. Nor would the proposal result in a significant increase in traffic to the highway network. Accordingly, the proposal would not be in total conflict with Local Plan Policies SP1, SP8, SP24 and SP35 whose aims are outlined above.

Policy T1 of the Yoxall Neighbourhood Plan is not directly relevant as it relates to development proposals in Yoxall village that would generate a significant amount of traffic. The appeal proposal is not within Yoxall village and would not generate a significant amount of traffic.

The Council finds that the proposal would not harm the character and appearance of the surrounding countryside. There would be acceptable [name] arising from the proposed hedge and tree planting on the site.

The appeal site is located within the 15kms ‘zone of influence’ (the ZOI) of the Cannock Chase Special Area of Conservation (the SAC), which is a European designated site due to its [name] and [name] wet heath habitat. The habitat species include plants of restricted occurrence, and the SAC has important populations of butterflies, beetles, bats, and European nightjar. Development within the ZOI that involves an increase in population, has the potential to increase visits to the SAC resulting in the fragmentation of habitats from paths, tracks and path widening through erosion, trampling and compaction. Consequently, the proposed development would increase the human population within the zone that will likely increase recreational disturbance to the SAC and have a significant adverse effect on its integrity.

The Cannock Chase SAC partnership has agreed to a series of mitigation and avoidance measures with Natural England. These are referred to as [name] and [name] (SAMMM). Furthermore, evidence indicates that the measures set out in the SAMMM can accommodate fluctuations in housing delivery from speculative growth (windfall), provided any fluctuations are within the parameters of currently adopted plans. This is set out in detail in the Cannock Chase SAC Planning Evidence [name] 2 (2021) (the PEBR). The PEBR suggests that any likely significant effects to the [name] can be avoided or mitigated through the provision of a financial contribution per net residential dwelling proposed towards the measures outlined in the SAMMM.

In the submitted UU, the appellant agrees to pay the Council £344.01 (an agreed and calculated amount) as a contribution towards mitigating the adverse effects on the SAC prior to the development starting, should the appeal be allowed. The Council confirms that the UU addresses and overcomes the third reason for refusal. The UU also meets the relevant tests in the CIL Regulations and the Framework, and accords with the advice in the Framework that planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. Consequently, with mitigation, the proposal would not have a significant adverse effect on the integrity of the SAC.

The site is also just within the National Forest but falls below the threshold for requiring National Forest planting.

I have considered the 6 suggested conditions put forward by the Council against the tests in the Framework and Planning Practice Guidance, which the appellants agree to. I have also considered the imposition of a number of additional conditions, which the parties have been given the opportunity to comment on without prejudice.

I have included the standard conditions limiting the lifespan of the planning permission and specifying the relevant drawings to provide certainty in the interests of proper planning. In the interests of the character and appearance of the area it is also necessary to impose a materials planning condition (conditions 1 2, and 3).

To safeguard and promote biodiversity and protect [name] and bats, conditions are necessary for a Biodiversity Gain Plan, a lighting strategy and implementation of the recommendations in the [name] (conditions 3, 4 and 5 respectively).

Notwithstanding the plans show hedge and tree planting, I have added condition 7 to ensure the planting is implemented and that any plants which may die or are damaged are replaced.

The application form indicates that surface water will be disposed of via soakaway. There are no consultation responses reported from the drainage authority and no details or plans of how this will be achieved and where the soakaway will be located. Whilst the site is in [name] 1 and not at risk of flooding, there is a pond close to the appeal site at a lower ground level. Therefore it is necessary to impose a condition to require the submission of surface water details (condition 6) before development commences to ensure the design of the scheme is resolved prior to its implementation as part of any groundworks.

I have added condition 8 to ensure the installation of the proposed septic tank within a specified time period for the avoidance of doubt.

The Council suggested a condition that no access tracks or hardstanding areas are created within the application site unless planning permission is first granted. The holiday cabin would not benefit from permitted development rights under The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), and therefore planning permission would be required for these in any event. Therefore the condition is not necessary or relevant.

For the reasons set out above, the appeal should be allowed.

The development hereby permitted shall be carried out in accordance with the following approved plans and documents and subject to compliance with other conditions of this permission: 1:2500 Location Plan 1:500 Block/Site Plan of proposed cabin, hedge and plantation. Drawing no. [name] version v1r0, April 17, 2024 - Elevations of log cabin. Drawing no. [name] version v1r0, April 17, 2024 - Proposed Ground Floor Plan. [name] version v1r0, April 17, 2024 – Foundations Plan. [name] version v1r0, April 17, 2024 – Section. [name] by [name] ref: ARC/AYS1024/JCL. Kingspan Environmental 012040 [name] for [name] (Septic and Cesspools), [name].

All external materials used for the cabin shall be as set out on the plans and documents listed under condition 2 and as set out on the application form.

No development shall commence until a Biodiversity Gain Plan, including a [name] and Monitoring Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development has been submitted to, and agreed in writing by, the Local Planning Authority. The Biodiversity Gain Plan shall include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports. The approved Biodiversity Gain Plan shall be strictly adhered to and implemented in full for its duration. Monitoring reports will be submitted to the Council during years 1, 3, 5, 10, 15, 20, 25 and 30, from commencement of development unless otherwise stated in the Biodiversity Gain Plan, demonstrating how the BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

No external lighting shall be installed at the application site or on the cabin unless a lighting design strategy for biodiversity, for areas to be lit, has been first submitted to and approved in writing by the Local Planning Authority. The strategy must: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding site and resting places or along important routes used to access key areas of their territory, for example foraging; and b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the agreed specifications and locations set out in the strategy, and these shall be maintained and retained thereafter in accordance with the strategy. No alternative lighting shall be installed without the prior agreement of the Local Planning Authority.

All site clearance and construction works shall comply with the [name], listed under Condition 2 above, in terms of [name] for [name].

No development shall take place until details of how surface water will be disposed of have been submitted to and approved in writing with the Local Planning Authority. The approved scheme shall be implemented before the cabin is first brought into use.

Notwithstanding the indicative location of tree and hedge planting on the plans, the development shall not be brought into use until a scheme of landscaping and full specification of all proposed tree and hedge planting has been submitted to and approved in writing by the local planning authority. The specification shall include the quantity, size, species, and positions or density of all trees and hedge plants to be planted, how they will be planted and protected and the proposed time of planting. The tree and hedge planting shall be carried out in accordance with the approved specification within the first planting season following agreement. If, within a period of 5 years from the date of planting, any trees or hedge plants are removed, uprooted, destroyed or die or become seriously damaged or defective, another tree or plant of the same size and species as that originally planted shall be planted at the same place within the first planting season following the removal, uprooting, destruction or death of the original tree unless the local planning authority gives its written consent to any variation.

The septic tank shall be installed and operational before the cabin is first brought into use. End of conditions