Appeal 6001074

The appeal is dismissed.

An application for the award of costs has been made by [name] against North Devon District Council. This is subject to a separate decision.

The main issue is the effect of the proposal on the character and appearance of the area, including the North Devon Coast National Landscape.

The appeal site is located on a private road that contains several residential properties set in spacious plots. Properties along the private road generally vary in their design and appearance including differences in layout, scale and materiality. Nonetheless, the appeal site lies towards the end of the private road and sits amongst a small collection of residential buildings that display a strong sense of cohesion due to consistency in their character and design. Notably, the buildings, including ancillary structures, have an ‘[name] aesthetic through incorporating features such as rather streamlined geometric forms, flat roofs, steel casement windows, and the widespread use of white render.

This section of the private road where the appeal site lies is also in a highly exposed position, set above the dunes that rise up from the adjacent beach, with limited screening from vegetation. As such, the appeal site and adjacent properties are highly prominent from the neighbouring public beach, whereby their consistency in design and appearance is appreciable and provide a sense of place.

The site is located within the North Devon Coast National Landscape. From my observations, the special quality of the National Landscape in this area is largely derived from the dramatic coastal scenery notably the broad sandy beach and dune systems, which lead from the coast to higher ground including expansive areas of rolling downland. The sparsely populated nature of this section of coastline, and the interaction between the coastal slopes and the built form also positively contribute to the area’s character.

The appeal site currently contains a single storey detached garage, associated with the host property. The garage, although of a rudimentary design, sits comfortably alongside the adjacent properties due to its simple geometric form, with flat roof and white render finish.

In contrast the proposed timber lodge, featuring a pitched roof, would represent a noticeable shift from the established character of buildings on this section of the coastline. The proposed natural timber cladding would be a relatively subdued material, however, the building due to its form and materiality, would still appear out of keeping with the host property and the nearby built form that it would be viewed alongside. Despite the proposal’s limited scale, it would also remain highly prominent from public vantage points, whereby it would appear incongruous in its setting.

Overall, the proposal would cause harm to the character and appearance of the area thereby neither conserving or enhancing the landscape or scenic beauty of the North Devon Coast National Landscape. The adverse impacts on the character and appearance of the area and the National Landscape would be relatively minor. Still the National Planning Policy Framework (the Framework), establishes the importance of good design in development and that great weight should be given to conserving and enhancing landscape and scenic beauty in National Landscapes, which have the highest status of protection in relation to these issues.

Furthermore, the proposal would conflict with Policies ST04, ST09, ST14, DM04, and DM08A of the [name] and Torridge Local Plan (adopted 2018) and Policies BE1 and NE1 of the Georgeham Neighbourhood Plan (made 2022). Together these policies, amongst other matters, seek to ensure that new development is of an appropriate design for its context including respecting the character of designated landscapes. The proposal would also not conserve or enhance the natural beauty of the North Devon Coast National Landscape, contrary to the expectations of the Countryside and Rights of Way Act 20001 (as amended).

Natural England did not object to the proposal, deeming that it would not have significant adverse impacts on statutorily protected nature conservation sites or landscapes. Meanwhile, the North Devon Coast National Landscape Officer’s comments indicated that the proposal would have a limited landscape or visual impact. Still for the reasons explained above, I consider the appeal scheme would be detrimental to the character and appearance of the area.

There is an extant planning permission (ref: 78878) for the ‘conversion of garage into holiday let accommodation’2 at the appeal site that represents a realistic fallback position. The fallback development would involve limited external 1 As amended by Levelling-Up and Regeneration Act 2023 2 The description of development used above is taken from planning permission 78878, albeit it would involve a new dwellinghouse subject to a condition restricting its occupancy. alterations to the existing garage to enable its conversion for residential use. Indeed, the design of the fallback development would maintain an ‘[name] style and appearance that would sit comfortably alongside the host property and neighbouring buildings in this setting. Accordingly, I find the current proposal would be more harmful than this potential fallback position and it therefore does not weigh in favour of the appeal scheme.

There is a lack of robust evidence before me (for example a certificate of lawfulness for proposed use or development) to verify that the proposed development would satisfy the definition of a caravan or that it could lawfully be sited alongside the existing garage structure and/or the extant permission. This potential fallback position therefore attracts very limited weight.

Further permitted development rights may exist for the siting of an alternative caravan structure at the residential property for use as tourism accommodation. Again, however, there is a lack of evidence before me to verify this nor any precise details of what this hypothetical scenario may entail. For example, the development’s potential scale, design or permanence. Additionally, the appellants have indicated that the siting of such a caravan in the protected landscape would be inappropriate and does not align with the high-quality operation they wish to operate from the site. As such, I am not convinced that there is a real prospect of an alternative caravan being brought onto the site under existing permitted development rights. Even if I were to find this to be a genuine fallback position, I have insufficient detail to establish whether it would be more harmful than the appeal proposal, such that I could not afford it any significant level of weight.

The proposal would provide some socio-economic benefits associated with the delivery of tourism development. Given the scale of the proposal these benefits are likely to be minor in nature. Additionally, such benefits are also likely to be capable of being secured through a more appropriately designed development.

The appellants’ design and access statement highlights sustainability credentials associated with the design of the proposed timber lodge, but these have neither been quantified or demonstrated to be of a high standard. As such, the potential sustainability benefits of the proposal have attracted very limited weight.

The above matters, neither individually nor cumulatively, outweigh the harm that would arise from the appeal proposal.

For the reasons outlined above, the appeal scheme conflicts with the development plan, and there are no material considerations that indicate a decision should be taken other than in accordance with it. The appeal is therefore dismissed.