Appeal 6001370

The appeal is allowed and planning permission is granted for replacement shed at [site address] in accordance with the terms of the application, Ref 0280/25, and the plans submitted with it, subject to the conditions in the attached schedule.

The shed is already in situ and so I assessed the appeal on the basis that the development has been carried out.

The main issues are (i) whether there is a proven functional need for the shed; and (ii) the effect of the shed on the character and appearance of the area.

The appeal site comprises an area of woodland in the countryside on Dartmoor. The shed has been erected at its west end. I am mindful of my duty to further the purposes of the Dartmoor National Park. These are to conserve and enhance its natural beauty, wildlife and cultural heritage, and to promote opportunities for the understanding and enjoyment of its special qualities by the public.

Policy 5.8 of the Dartmoor Local Plan 2018-2036 (the Local Plan) (adopted 2021) states that, amongst other things, development related to forestry must be of a scale proportionate to a proven functional need which cannot be met by an existing building. It makes no distinction as to whether new buildings should be replacement buildings or entirely new buildings.

Beyond general tools, the management of the woodland utilises a tracked barrow, and a log splitter for the more significant work. Considering the scope of activities set out in the management plan, which includes felling, there is a functional need for them. Given their value, it is reasonable to need them to be securely stored. I understand that the items necessary to manage the woodland are owned by the appellant, so it is not realistic to expect alternative equipment to be hired off site.

At the far west end of the site is a small structure with a curved roof. It is open to one side, and so it is not a candidate for secure storage. Nor, owing to its low profile, is it feasible to provide refuge, fresh water or a toilet. These are not matters of desirable convenience, but rather the most basic of welfare facilities, and so are a reasonable requirement for people managing the woodland. The small and flimsy looking open-air store more centrally within the site is little more than a set of posts and a sheet roof, and so it is not a credible candidate for these purposes either.

On this basis there is a proportionate functional need for the shed which cannot otherwise be met on the site. The Authority has suggested the existing structures could be redeveloped and/or the welfare and storage needs associated with the work could be met offsite. On the latter point, I am directed to an appeal decision in the Peak District. However, there is nothing in Policy 5.8 that supports either approach. The Authority has cast doubt on the lawfulness of the existing structures in any event. The shed therefore complies with Policy 5.8 with respect to its need.

The National Planning Policy Framework (the Framework) states that great weight should be given to conserving and enhancing landscape and scenic beauty in National Parks, which have the highest status of protection in relation to these issues. For its part, Policy 5.8 expects forestry development to conserve and/or enhance the National Park’s special qualities, including, inter alia, its landscape character, tranquillity and its dark night skies.

The shed is well screened by the woodland. Whilst the shed has a human touch, with its small verandah and some limited, homely embellishments, overall it reads as a modest and essentially utilitarian structure not out of place within a tranquil forestry setting. The woodland logically prevents external lighting that could affect Dartmoor’s dark night skies, albeit inappropriate lighting could be perceived through the trees, and so this is a matter that should be addressed by a condition. The ability to properly manage the woodland would bring a degree of benefit to it. The purposes of the National Park would therefore be furthered in a small way.

I therefore conclude that the shed has an acceptable effect on the character and appearance of the area. It accords with Policies 1.1, 1.2, 1.5, 2.1, 2.4, 2.6 and 5.8 of the Local Plan insofar as they seek development to protect the character and special qualities of the Dartmoor National Park, and the Framework and the English National Parks and Broads UK Government Vision and Circular 2010.

As the shed is already complete, conditions requiring the development to commence and be carried out in accordance with the plans are not necessary. A condition is however needed to ensure the scheme provides the biodiversity enhancements required by the development plan. As the shed is acceptable on the basis of its use in support of woodland management, a condition is required to ensure it is used as such and removed as and when that is no longer the case.

For the reasons given above, and taking all other matters raised into account, the appeal should be allowed.

Within three months of this permission full details of a biodiversity enhancement scheme that complies with Part 3 of Policy 2.3 of the Dartmoor Local Plan 2018- 2036 shall be submitted to the Local Planning Authority for approval in writing. The approved enhancement measures shall be completed within three months of the Local Planning Authority’s approval, and thereafter maintained in perpetuity.

Details of any external lighting to be installed or used in association with the shed hereby approved shall be submitted to and approved in writing by the Local Planning Authority before installation. Thereafter all external lighting installed or used in association with the shed shall be maintained as approved.

The shed hereby permitted shall only be used for forestry purposes reasonably necessary on the woodland to which it relates. When redundant for forestry purposes, the building shall be removed within a period of six months.