Appeal 6000708

The appeal is allowed and planning permission is granted for erection of a dwelling for a farm manager together with access drive at [site address] , Road to [address], Liftondown, Devon [postcode] in accordance with the terms of application Ref 0750/25/VAR, subject to the conditions set out in the attached schedule.

An application for costs was made by [name] against West Devon Borough Council. This application is the subject of a separate decision.

The wording under the Decision heading above references the description of development for the outline planning permission, excluding reference to any outline application or reserved matters, as a new planning permission is being granted. I will return to this below.

The appeal relates to a proposal to vary a condition on a reserved matters approval. Such an approval is not a grant of planning permission. A section 73 application seeks permission for development to be carried out without complying with a condition imposed on a planning permission. Therefore, it is not possible to grant a new approval of reserved matters under a section 73 application. Where such an appeal is allowed the result is the grant of a new full planning permission, and this is reflected in my formal decision above. The parties have been invited to comment on this matter, and I have taken the comments received into account. For consistency, my formal decision uses the description of the development from the original outline planning permission.

On the application form for 0750/25/VAR the only condition sought to be varied was condition 1 which related to the approved drawings. The decision notice also references variation of conditions 1, 10, 12, 13,14 and 17. The details of these conditions were previously approved under the reserved matters application. There is no dispute over any of these conditions. As allowing this appeal results in a new permission the conditions will be reattached accordingly.

Outline planning permission (2531/21/OPA) approved the erection of a dwelling for a farm manager together with an access drive on 3 May 2022. This was followed by the approval of a reserved matters application (3342/24/ARM) on 21 February 2025.

The application to which this appeal relates sought to make changes to the details approved at the reserved matters stage which included changes to the size of the building and the internal layout. The was also a change to the external lighting plan which is not in contention.

The main issue is whether the increase in the size of the dwelling is justified for a rural worker.

The outline permission approved the erection of a dwelling for a farm manager with the reserved matters approving a three-bedroom house with a double garage along with work space associated with the business.

When the principle of the development was established at the outline stage the need for the building was accepted by the Council and there were no conditions on this consent limiting the size of the dwelling.

The proposed changes are fairly minimal from a visual perspective with there being a marginal increase in the width of the building. The approved floorplan1 references the residential gross internal area (GIA) as 170m2, the garage as 52m2 and the non-residential GIA as 50m2. The changes shown on the revised drawing2 show an increase of 45.9m2 in residential floor space and 10m2 for the non-residential floor space. A total increase of circa. 55m2. For the residential use this results in each of the ground floor rooms being slightly larger. Upstairs the bedrooms would be larger and the original en suite bedroom is replaced by two bedrooms. 1 MFD24-21 P2 2 MFD34-21 P11

In terms of what the house provides and its overall scale it would be similar to what was previously approved. The addition of a bedroom and slightly larger rooms would not fundamentally alter the accommodation provided.

The point of dispute is whether the additional residential and office floorspace has been adequately justified. The Council advises that, as a general guideline, a suitable and affordable standard of amenity typically falls between 140 m2 and 170 m2, and that the scheme originally approved was already at the upper end of this range.

The dwelling was approved as an isolated development in the countryside on the basis that it satisfied an essential need for a rural worker, in accordance with Policy TTV26 of the Plymouth and South West Devon Joint Local Plan (JLP). The outline permission, followed by the reserved matters approval, confirmed that such a need existed, and it is reported that the size of the dwelling was limited according to the information submitted at that time. However, Policy TTV26 does not prescribe any specific size requirements for rural worker dwellings, nor does it indicate that their size should be tied to the scale of the associated agricultural or other rural enterprise. I have also not been directed to any other policy or guidance that imposes such a requirement.

In the Beaworthy3 appeal decision, the Inspector reached similar conclusions regarding the application of Policy TTV26. Although the proposals differ, the relevant policy requirements are the same, and it is therefore reasonable for me to draw comparisons in this respect.

It is argued that the dwelling exceeds what is reasonably required and that it would be likely to remain unaffordable for future rural workers. However, as noted above, Policy TTV26 makes no reference to the size of the dwelling, nor does it require such dwellings to be demonstrably affordable. Even if affordability were a relevant consideration, no evidence has been provided to indicate what level of affordability should apply. I also accept that, given the dwelling is intended for a farm manager, expectations of affordability may legitimately differ. Moreover, the scale of the proposed changes would not substantially increase the overall size of the dwelling, and with the external appearance remaining largely the same, its value is likely to remain within a comparable range.

Whilst the granting of a decision under Section 73 would amount to a new permission the original permission has established and accepted the need for the dwelling and is a realistic fallback.

I acknowledge that the appellant has not provided specific evidence to demonstrate an increased need for the enlarged dwelling or the additional office accommodation. However, the increase in office space is modest, and I do not consider a four-bedroom dwelling of the scale proposed to be excessive. While the floor area may exceed the [name] – nationally described space standards, these represent minimum thresholds. In this instance, the size of the dwelling proposed does not appear unreasonable or disproportionate.

The appeal in Laughton4 relates to a West Lindsey District Council decision and therefore was determined against different policies. [name] have not been provided 3 APP/Q1153/W/24/3341365 4 APP/N2535/W/3299080 with all the details the decision specifically refers to Policy LP55 which requires an assessment of how the size of a dwelling relates to the business which is not the case with the policies in the JLP.

In conclusion, the principle of a dwelling for a farm manager has been accepted in this location. I do not find that the increase in size would result in a conflict with the requirements of Policy TTV26 of the JLP in this regard. As a result I also find that the proposal would either be supported by or have no conflict with the other policies in the JLP which relate to the location of a dwelling for a rural worker including policies SPT1, SPT2, TTV1, TTV2 and DEV15.

Reference is made to the Council’s external agricultural consultant. However, the comments provided relate to an earlier proposal, and I have not been given sufficient information to determine whether that scheme is comparable to the one before me. The consultant acknowledges that assessing the need for a rural worker’s dwelling for a farm manager is inherently subjective, a process sometimes assisted by specific local plan policies, and notes the absence of such detailed guidance in this authority. PPS7 [name] is also cited. While it may offer useful background context, it has been superseded by national Planning Practice Guidance and can therefore be afforded only very limited weight.

[name] have described above, since it is not possible to vary a condition on a reserved matters approval, the effect of allowing this appeal would be to grant a new, full planning permission. Given this is the case, I have sought the parties’ views on what conditions would be appropriate in the event that I were to allow the appeal, including any conditions outstanding from the outline planning permission. The Council has supplied a list of suggested conditions, including a list of plans and the appellants have provided comments on these.

The Planning Practice Guidance makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect.

As the development has not commenced a time limit condition is imposed which reflects the remaining time left to implement the reserved matters application.

Previously imposed conditions remain relevant and necessary restricting the occupation of the dwelling, securing archaeology works to record any archaeology affected by the development, ecology and biodiversity in the interests of conserving and enhancing the ecological values of the site and surrounding area, details of landscaping and materials to ensure the visual impact of the development is acceptable, details of EV charging and solar panels to support low carbon future, and surface water drainage to ensure there is no harmful increase in surface runoff.

For the reasons given above the appeal should be allowed.

The development hereby permitted shall begin not later than two years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: PW020 201 A Location Plan; PW202 204C Proposed Site Plan; MFD24-21.P.4 Landscaping Plan; MFD24-21.P.10 Proposed Site Layout, Block & [name]; MFD24-21.P.11 [name], Elevations & Sections; and MFD24-21.P.12 External Lighting Layout Plan.

The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, and / or in the business known as [name], as identified occupying the site edged red on the submitted plan PW5 (submitted with2531/21/OPA) , and / or in the business known as [name], as identified occupying the site edged red on the submitted plan PW6 (submitted with2531/21/OPA), or a widow or widower of such a person, and to any resident dependants.

No development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation (WSI) which has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out at all times in accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the Local Planning Authority.

Prior to the commencement of any site works, a repeat survey for the presence of badgers on the site and surrounding suitable habitat, with associated mitigation/compensation measures (if required), shall be submitted to and approved in writing by the local planning authority.

No vegetation clearance shall take place during the bird nesting season (01 March to 31 August, inclusive) unless the developer has been advised by a suitably qualified ecologist that the clearance will not disturb nesting birds and a record of this kept, as specified in the Construction and Environmental Management Plan and Landscape and Ecological Management Plan.

The new stone walls shall be constructed of natural random stone laid traditionally on its quarry bedding. A sample panel of not less than two square metres shall be provided for inspection and written agreement by the Local Planning Authority prior to the construction of any of the new walls. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and reenacting this Order), all new stone walls, constructed in accordance with the approved drawings and the terms of this condition, and all existing stone boundary walls shall be retained in their natural stone finish and shall not be rendered, colour washed or otherwise treated in a manner which would obscure the natural stone finish, nor shall they be demolished either in whole or in part.

Prior to their installation details (such as a product brochure, technical specification sheet, and colour photographs) of the natural roofing slate to be used in the construction of the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The natural slate shall be compatible with local vernacular and design; slates shall be reclaimed UK or European slates where available, although new UK or European derived slates will be accepted. No other natural slates will be considered acceptable. The development shall then be carried out in accordance with those samples as approved. The slates shall be fixed in the traditional manner using nails not hooks and retained and maintained for the lifetime of the development.

No part of the development hereby approved shall be brought into its intended use until the garage and EV charging point have been provided and maintained in accordance with the application drawings and retained for that purpose at all times.

Prior to the laying of the artificial surface of the access drive, details of the proposed surfacing materials shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the technical specifications from the manufacturer, to include colour photographs of the proposed material, along with a short statement to set out why the materials have been chosen and how they respond to the local landscape character in order that they are not visually intrusive. Details of surface water drainage shall also be included. The surface shall then be installed in accordance with those details hereby approved and shall thereafter be retained and maintained.

Prior to their installation, details of the glazing treatments for the three central first floor windows on the south elevation shall be submitted to and approved in writing by the Local Planning Authority. Manufacturer's technical specifications shall be provided, setting out the reduction in light transmission achieved by the glazing treatment. The development shall be completed in accordance with the approved details and the glazing treatments maintained and retained for the lifetime of the development unless otherwise approved in writing.

Prior to their installation, details of the solar panels to be used in the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The panels shall be of a visually recessive design. Prior to occupation of the building hereby approved, the panels shall be installed in accordance with those details as approved and retained and maintained for the lifetime of the development. The panels shall be removed as soon as reasonably practicable when no longer required.

Foul water drainage shall be provided prior to occupation of the building by means of connection to a treatment plant as shown on the submitted plans which shall comply with the requirements of [name] 12566. Once installed the foul drainage system shall be retained and maintained for the lifetime of the development.

The surface water drainage scheme shall be installed in strict accordance with the approved plans, maintained and retained in accordance with the agreed details for the life of the development, unless otherwise agreed in writing by the Local Planning Authority.

The development shall accord with the details set out in the BNG metric, report and condition sheet approved under 3342/24/ARM.

The development shall accord with the details set out in the Construction and Environmental Management Plan approved under 3342/24/ARM.

The development shall accord with the details set out in the Landscape and Ecological Management Plan approved under 3342/24/ARM.

The development shall accord with the details set out in the [name] approved under 3342/24/ARM.

The development shall accord with the details set out in the [name], with the details retained and maintained for the lifetime of the development.

The bird nesting and bat roosting boxes shall be installed in accordance with the [name], with the details retained and maintained for the lifetime of the development. The Landscaping Scheme shall be implemented in accordance with the details set out and approved under 3342/24/ARM. The 'soft' landscaping details shall be implemented and carried out as approved, with new planting undertaken in the first planting season (October - March inclusive) following the commencement of development. Any trees, hedges, shrubs or turf identified within the approved [name] (both proposed planting and existing within the site) which die, are removed, seriously damaged or seriously diseased, within a period of 5 years of being planted or in the case of existing planting within a period of 5 years from the commencement of development, shall be replaced in the next planting season with others of similar size and species. The approved (hard and soft) [name] shall be carried out in its entirety and shall accord with the approved details and timetable.