Appeal 6001560

The appeal is allowed and planning permission is granted for proposed erection of 34 Class E(g) units and one battery storage and maintenance unit with associated parking and access, at [site address] , Lancashire, [postcode] , in accordance with the application reference 3/2025/0653 without compliance with condition number 2 previously imposed on planning permission reference 3/2023/0706 dated 14th March 2025, subject to the conditions in the attached schedule.

On the submitted application form, permission is sought to vary condition 2 by the substitution of drawings: AD_203_05 Rev: C4: [name] 1, EAD_203_11 Rev: C4: [name] 2, EAD_203_12 Rev: C3: [name] 3 & 4, and their replacement with drawings: EAD_203_05 Rev: C5: [name] 1, EAD_203_11 Rev: C5: [name] 2, EAD_203_12 Rev: C3: [name] 3 & 4.

However, the package of proposed drawings before me includes EAD_203_12 Rev: C4: [name] 3 & 4, rather than revision C3, as well as EAD_203-03 Revision C7: Proposed Site Plan, EAD-203-14 Revision C1: Site Phasing Plan, EAD_203_04 Rev: C4: Proposed Floor Plan Block 1, EAD_203_09 Rev: C4: Proposed Floor Plan Block 2, EAD_203_10 Rev: C2: Proposed Floor Plan Block 3 & 4 also.

These additional drawings appear to be revisions to the list of approved drawings included in condition 2 of planning permission 3/2023/0706, and they have been included in the Council’s suggested list of conditions should the appeal be allowed, which indicates that they formed part of the package of drawings submitted to the Council as part of the application, and on which the Council made its decision. As such, I have taken these additional drawings into account in reaching my decision, as it appears that to do so, would not be prejudicial.

The main issue is the effect that varying the approved drawings in the manner proposed, would have on the character and appearance of the area.

The appeal site comprises a gently sloping field located to the southeast of the village of Longridge, with established hedgerows to its north, east and western boundaries. To the immediate south is an agricultural/commercial premises, with open fields to the east, west and further south. To the northeast are the [address] reservoirs, and to the northwest is a residential estate. A public right of way extends along the eastern extent of the site, and a public bridleway extends north, opposite the appeal site. The Council site is allocated for employment purposes.

Planning permission was originally granted for erection of commercial units (Use Class E(g)) including conversion and extension of existing farmhouse for purposes of Use Class E (g), subsequent to an application made in 20221. A revised application was then made for the erection of 34 Class E(g) units and one battery storage and maintenance unit with associated parking and access in 20232. This was approved in March 2025. The appeal scheme seeks to vary the drawings approved in relation to this later permission, which I will refer to as the ‘2023 scheme’.

The 2023 scheme approved 4 large buildings in a uniform arrangement, with two buildings positioned towards the front of the appeal site, behind a landscaped frontage, and two buildings positioned behind, separated by access and parking 1 2022/0553 2 2023/0706 provision. These 4 blocks also shared a uniformity in size, design and materials and were of a commercial appearance. The design included a recessed central feature with dual mono-pitched roof, and a contrasting mono-pitch roof feature forming the entrance to each building.

The appeal scheme seeks a number of changes to the design of the buildings, most notable being the removal of the recessed central feature and dual mono-pitched roof to all 4 blocks and its replacement with a dual pitched roof, resulting in a reduction in eaves and ridge height. In addition, the appeal scheme proposes the removal of the contrasting mono-pitch roof feature to the entrance to buildings 3 and 4, and the replacement of glazed screens with additional roller shutter doors. These features would be retained to blocks 1 and 2.

Policy DMG1 of the [name] 2008 – 2028 A Local Plan for Ribble Valley, [name] 2014 (LP), requires a high standard of building design which is sympathetic to existing and proposed land uses in terms of its size, intensity, and nature, as well as scale, massing, style, features and building materials. LP Policy DMG2 requires that in the open countryside, development should be in keeping with the character of the landscape by virtue of its size, design, use of materials, landscaping and siting.

Paragraph 140 of the National Planning Policy Framework advises that local planning authorities should seek to ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme.

I appreciate that the appeal site is sensitive due to its visibility within the countryside, and so as part of the site’s development, the Council has sought a sympathetic design response. It is nevertheless an allocated employment site, and the implementation of the approved 2023 scheme would result in a notable change to the site’s character and appearance, given the introduction of commercial development to an undeveloped field. The changes proposed by the appeal scheme would not result in any significant change to the overall size and scale of the 2023 scheme, nor would it change it in terms of its siting, intensity, or nature. The proposed building materials would be unchanged also, and in terms of overall style, the scheme would remain of a commercial appearance. No changes are proposed to the approved landscaping scheme.

The proposed changes to the front elevation of buildings 3 and 4 would increase their utilitarian appearance to a degree, reducing their visual interest. However, given the commercial nature of the development overall, the position of these buildings towards the rear of the site, and the presence of boundary hedgerows, these changes would not be highly visible in public views. Views of these changes would be largely limited to future users of the site itself, where they would be seen in context with, and would visually resemble, the rear elevations of buildings 1 and 2, and where they would be seen with surrounding access and parking provision. Consequently, these changes would not be detrimental to the character and appearance of the area, or the intrinsic character of the open countryside.

The removal of the recessed central feature and dual mono-pitched roof to each block and its replacement with a dual pitched roof, would reduce the level of articulation provided to the design of each block and the visual interest afforded by it. The use of contrasting materials would not provide the same level of articulation or visual interest. While the height of each block would reduce, the removal of these recessed elements would reduce the extent to which the building mass would be broken down into smaller parts, and so the proposed scheme would give the impression of an increase in massing, albeit modest.

Nevertheless, this change to the design of each block would be relatively small in the context of this commercial development as a whole. These changes would only be visible to the gable ends of each block, where they extend down the eastern and western boundaries of the site, away from the main road, or in views from the main road along the proposed internal access road.

Along the internal access road, these views would only be glimpsed where passersby cross the entrance to the development. In views from the east, this change would be perceptible from the main road, over the existing conifer hedge, which would screen the lower portion of the buildings only, until any new planting had time to mature. Nevertheless, given the set back of the proposed blocks from the road and the angle of view, I am not convinced that these changes would be highly perceptible from the public domain. To anyone using the public footpath to the east, the development would be largely screened by existing hedging. In views from the west, mature trees to the roadside and field boundaries would filter views to a greater extent, and so from this direction, these changes would be less perceptible.

Consequently, while I agree with the Council that the proposed changes provide less articulation and visual interest to the blocks than the approved 2023 scheme, I do not consider that the proposed changes would result in an overly utilitarian development, over and above the development already permitted, nor would these modest changes result in a dominant built form of poor quality, such that it would be harmful to the character and appearance of the area. Any impact on the intrinsic character of the countryside would not be significant, over and above that resulting from the 2023 scheme.

To conclude on this main issue, varying the approved drawings in the manner proposed, would not harm the character and appearance of the area. Therefore, I find no conflict with LP policies DMG1 and DMG2, the requirements of which have been set out above.

The parties have provided commentary on the viability of the proposal in relation to construction costs. However, as I have found the proposal acceptable in relation to the development plan, it has not been necessary to consider this matter further.

Interested parties have raised a number of other concerns, including highway safety and increased traffic, public health in relation to the battery storage unit, noise and disturbance during construction, and wildlife. However, these are matters which the Council would have considered when granting the original planning permission. As this appeal relates only to the proposed changes to the approved drawings, and the changes relate only to the external appearance of the 4 units for Class E(g), through the variation of condition 2, it is not necessary for me to re-visit these other matters.

In allowing the appeal and granting a new planning permission, I have re-imposed all the undisputed conditions from planning permission reference 3/2023/0706 as there is no information before me to suggest it is necessary to deviate from them. The reasoning for these conditions has not changed. While the appeal has been made in respect of condition 2 only, section 73 of the Act provides the power to modify other conditions attached to the original permission, and so I have varied condition 9 also as suggested by the Council, insofar as it references to the site phasing drawing, which has been amended.

For the reasons given above, I conclude that the appeal should be allowed and planning permission is granted with conditions 2 and 9 varied, retaining those non-disputed conditions from the previous permission that remain relevant.

The development must be begun not later than the 14 March 2028.

Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings: EAD_203_01: Location Plan, EAD_203_03 Rev: C7: Proposed Site Plan, EAD_203_04 Rev: C4: Proposed Floor Plan Block 1, EAD_203_05 Rev: C5: [name] 1, EAD_203_06 Rev: C2: Typical building Plan and Elevation, EAD_203_08 Rev: C2: Proposed Site section, EAD_203_09 Rev: C4: Proposed Floor Plan Block 2, EAD_203_10 Rev: C2: Proposed Floor Plan Block 3 & 4, EAD_203_11 Rev: C5: [name] 2, EAD_203_12 Rev: C4: [name] 3 & 4, EAD_203_14 Rev: C1: Site Phasing Plan, 5492 01: Planting Plan, 5492 02: Indicative Section, Arboricultural Impact Assessment (October 2023), Preliminary ecological Appraisal.

Notwithstanding the submitted details, precise specifications and samples of all surfacing, walling and roofing materials including details of all proposed window and doors to be implemented within the development hereby approved shall have been submitted to and approved in writing by the Local Planning Authority before their use in the proposed development. The development shall be carried out in strict accordance with the approved details.

Details of the alignment, height, and appearance of all boundary treatments, fencing, walling, retaining wall structures and gates to be erected within the development shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation. For the avoidance of doubt the submitted details shall include the precise nature and location for the provision of measures to maintain and enhance wildlife movement within and around the site by virtue of the inclusion of suitable sized gaps/corridors at ground level. The development shall be carried out in strict accordance with the approved details. The agreed wildlife corridors/gaps shall be retained in perpetuity and thereafter remain free from obstructions which would preclude their use by wildlife.

Prior to their installation details of a scheme for any external building mounted or ground mounted lighting/illumination, shall have been submitted to and approved in writing by the local planning authority. For the avoidance of doubt the submitted details shall include luminance levels and demonstrate how any proposed external lighting has been designed and located to avoid excessive light spill/pollution and shall include details to demonstrate how artificial illumination of important wildlife habitats is minimised/mitigated. The lighting schemes(s) shall be implemented in accordance with the approved details and retained as approved unless agreed in writing by the Local Planning Authority.

Notwithstanding the submitted details, prior to their installation, details of the proposed roof mounted [name], including section details, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved details.

No extract vents, means of extract, air conditioning, ventilation or any other associated externally mounted/located plant or HVAC shall be installed upon the buildings hereby approved unless details of the design, specification, noise ratings, fixing and finish has first been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Notwithstanding the submitted details, elevational details at a scale of not less than 1:20 and details of the precise location and capacity of all proposed refuse storage provision shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation. The development shall be carried out in strict accordance with the approved details. The approved details shall be installed and made available for use prior to any of the uses hereby approved becoming first operative, the agreed provision shall be retained and made available for use at all times thereafter.

The landscaping hereby approved (Drawing: 5492-01 Rev: A) shall be implemented and carried out in strict accordance with the phasing and timings as indicated on the submitted ‘Site Phasing Plan’ (EAD_203_14 Rev: C1: Site Phasing Plan).The landscaping proposals shall be maintained thereafter for a period of not less than 20 years to the satisfaction of the Local Planning Authority. This maintenance shall include the replacement of any tree or shrub which is removed, or dies, or is seriously damaged, or becomes seriously diseased, by a species of similar size to those originally planted. For the avoidance of doubt all trees/hedgerow shown as being retained within the approved details shall be retained as such in perpetuity.

Notwithstanding the submitted details, no development, including any site preparation, demolition, scrub/hedgerow clearance or tree works/removal shall commence or be undertaken on site unless and until a scheme for protective fencing for trees within and adjacent to the site, has been submitted to and approved in writing by the Local Planning Authority. Such fencing shall be in accordance with BS5837 (2012): ‘Trees in Relation to Construction’. Such fencing shall be erected in its entirety prior to any other operations taking place on the site. For the avoidance of doubt the erected fencing should not be breached or removed during development. Furthermore, within the areas so fenced the existing ground level shall be neither raised nor lowered and there shall be no development or development-related activity of any description including the deposit of spoil or the storage of materials within these areas.

No removal of vegetation including trees or hedges shall be undertaken within the nesting bird season (1st March – 31st August inclusive) unless a pre-clearance check on the day of removal, by a licenced ecologist, confirms the absence of nesting birds. A letter from the ecologist confirming the absence of nesting birds shall be submitted to the Council within one month of the pre-clearance check being undertaken. Any removal of vegetation outside the nesting bird season shall be preceded by a pre clearance check by a licensed ecologist on the day of removal to ensure that removal does not result in unacceptable impacts upon nesting birds or other species of conservation concern.

No increase to existing land levels shall be undertaken on site, over and above those hereby approved, to accommodate the development hereby approved unless precise details of the increase in land-levels have been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt the submitted information shall include existing and proposed sections through the site including details of the height, scale and location of proposed building in relation to adjacent existing development/built form (where applicable). The development shall be carried out in strict accordance with the approved details.

No goods, plant or materials associated with the use(s) hereby approved shall be deposited or stored externally on site or around/adjacent the building(s) to which the application relates.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any subsequent enactment or re-enactment thereto, no enlargements, improvements or other alterations, including the insertion of additional mezzanine floors or any increase in commercial floorspace shall be undertaken within or to the buildings/uses hereby approved without express planning permission being obtained.

The Class E(g) uses hereby approved shall only be operated between the following hours: 08:00hrs to 19:00hrs Monday to Friday, 09:00hrs to 17:00hrs Saturdays, 10:00hrs to 16:00hrs on Sundays. For the avoidance of doubt there shall be no business or activities operated or undertaken on the site associated with the use(s) hereby approved outside the stated operating hours.

Notwithstanding the provisions of the Town and Country Planning ([name]) Order 1987 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (as amended or re-enacted) the use of the development/buildings hereby approved shall only be used for purposes within Use Class E(g) and for no other sub-activities or sub-class uses within Use Class E.

No development shall commence in any phase until a detailed, final surface water sustainable drainage strategy for the site has been submitted to, and approved in writing by, the Local Planning Authority. The detailed surface water sustainable drainage strategy shall be based upon the site-specific flood risk assessment and indicative surface water sustainable drainage strategy (October 2023 / 23.1384 / REFORD) submitted and sustainable drainage principles and requirements set out in the National Planning Policy Framework, Planning Practice Guidance and [name] for [name]. No surface water shall be allowed to discharge to the public foul sewer(s), directly or indirectly. The details of the drainage strategy to be submitted for approval shall include, as a minimum; A: Sustainable drainage calculations for peak flow control and volume control for the: (i)100% (1 in 1-year) annual exceedance probability event; (ii)3.3% (1 in 30- year) annual exceedance probability event + 40% climate change allowance. (iii)1% (1 in 100-year) annual exceedance probability event + 50% climate change allowance. Calculations must be provided for the whole site, including all existing and proposed surface water drainage systems. B: Final sustainable drainage plans appropriately labelled to include, as a minimum: (i)Site plan showing all permeable and impermeable areas that contribute to the drainage network either directly or indirectly, including surface water flows from outside the curtilage as necessary; (ii)Sustainable drainage system layout showing all pipe and structure references, dimensions and design levels; to include all existing and proposed surface water drainage systems up to and including the final outfall; (iii)Details of all sustainable drainage components, including landscape drawings showing topography and slope gradient as appropriate; (iv)Drainage plan showing flood water exceedance routes in accordance with [name] for [name]; (v)[name] (FFL) in AOD with adjacent ground levels for all sides of each building and connecting cover levels to confirm minimum 150 mm+ difference for FFL; (vi)Details of proposals to collect and mitigate surface water runoff from the development boundary; (vii)Measures taken to manage the quality of the surface water runoff to prevent pollution, protect groundwater and surface waters, and delivers suitably clean water to sustainable drainage components; C: Evidence of an assessment of the existing on-site culverted watercourse to be used, to confirm that these systems are in sufficient condition and have sufficient capacity to accept surface water runoff generated from the development. D: Evidence that a free-flowing outfall can be achieved. If this is not possible, evidence of a surcharged outfall applied to the sustainable drainage calculations will be required. The sustainable drainage strategy shall be implemented in accordance with the approved details.

No development shall commence until a Construction Surface Water Management Plan, detailing how surface water and stormwater will be managed on the site during construction, including demolition and site clearance operations, has been submitted to and approved in writing by the Local Planning Authority. The details of the plan to be submitted for approval shall include method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include for each phase, as a minimum: A. Measures taken to ensure surface water flows are retained on-site during the construction phase(s), including temporary drainage systems, and, if surface water flows are to be discharged, they are done so at a restricted rate that must not exceed the equivalent greenfield runoff rate from the site. [name] taken to ensure surface water flows are retained on-site during the construction phase(s), including temporary drainage systems, and, if surface water flows are to be discharged, they are done so at a restricted rate that must not exceed the equivalent greenfield runoff rate from the site. The plan shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction.

The commencement of use of the development shall not be permitted until a site-specific Operation and [name] for the lifetime of the development, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved in writing by the Local Planning Authority. The details of the manual to be submitted for approval shall include, as a minimum: A. A timetable for its implementation; [name] of the maintenance, operational and access requirement for all SuDS components and connecting drainage structures, including all watercourses and their ownership; [name] to allow the recording of each inspection and maintenance activity, as well as allowing any faults to be recorded and actions taken to rectify issues; [name] arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme in perpetuity; [name] arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme in perpetuity; [name] of whom to contact if pollution is seen in the system or if it is not working correctly; and [name] of access for maintenance and easements. Thereafter the drainage system shall be retained, managed, and maintained in accordance with the approved details.

The commencement of use of the development shall not be permitted until a site-specific verification report, pertaining to the surface water sustainable drainage system, and prepared by a suitably competent person, has been submitted to and approved in writing by the Local Planning Authority. The verification report must, as a minimum, demonstrate that the surface water sustainable drainage system has been constructed in accordance with the approved drawing(s) (or detail any minor variations) and is fit for purpose. The report shall contain information and evidence, including photographs, of details and locations (including national grid references) of critical drainage infrastructure (including inlets, outlets, and control structures) and full as-built drawings. The scheme shall thereafter be maintained in perpetuity.

Notwithstanding the submitted details, elevational details at a scale of not less than 1:20 and details of the precise location of all proposed cycle storage provision shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation. For the avoidance of doubt all proposed cycle storage shall be enclosed and lockable. Before the development hereby permitted is first occupied the agreed provision for cycle storage shall be provided within the site prior to any of the uses hereby approved becoming first active and shall be retained and made available for use at all times thereafter.

Notwithstanding the submitted details, details of the precise location and nature of all proposed motorcycle parking provision shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation. Before the development hereby permitted is first occupied the agreed provision for motorcycle parking shall be provided within the site prior to any of the uses hereby approved becoming first active and shall be retained and made available for use at all times thereafter.

No development shall take place, including any works of demolition, until a construction method statement has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. It shall provide for: A. The parking of vehicles of site operatives and visitors [name] loading and unloading of plant and materials [name] storage of plant and materials used in constructing the development [name] erection and maintenance of security hoarding [name] of working hours [name] delivery times and routeing to/from the site [name] details for the site manager

The new road/access between the site and [address] shall be constructed in accordance with the Lancashire County Council Specification for Construction of [name] to at least base course level before any development takes place within the site.

The existing access on [address] (along the western boundary of the site) shall not be used for the purposes of access in connection or conjunction with the development hereby approved. Measures to control and limit access shall have been submitted to and approved in writing by the Local Planning Authority prior to the use(s) hereby approved becoming first active.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 there shall not at any time in connection with the development hereby permitted be erected or planted or allowed to remain upon the land hereinafter defined any building, wall, fence, hedge, tree, shrub or other device over [address] level. The visibility splay to be the subject of this shall be that land in front of a line drawn from a point 2.4m measured along the centre line of the proposed road from the continuation of the nearer edge of the carriageway of [address] to points measured 61m in each direction along the nearer edge of the carriageway of [address], from the centre line of the access, and shall be maintained at footway/verge level in accordance with a scheme to be agreed by the Local Planning Authority in conjunction with the Highway Authority.

No part of the development hereby approved shall commence until a scheme for the timings and construction/completion of the site access and the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority. For the avoidance of doubt the off-site highway works shall include: A. Provision of pedestrian refuge and localised carriageway widening [name] and lining [name] realignment at the [address], [address], [address] junction [name] of a footway on the south side of [address] from the proposed pedestrian refuge to Woodville cottages [name] and implementation of a 40mph speed limit on [address] from the current 30mph terminal point in an easterly direction For the avoidance of doubt no part of the development or use(s) hereby approved shall be occupied or become operative until the approved details have been constructed and completed in accordance with the scheme details.

The car parking hereby approved shall be surfaced or paved in accordance with a scheme that shall been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority prior to the commencement of any development within the site. The car parking spaces and manoeuvring areas shall be marked out in accordance with the approved details prior to the first use of any of the premises becoming operative.

Prior to the commencement of the development, details of the provisions for electric vehicle charging points shall have been submitted to and approved in writing by the Local Planning Authority. The agreed provision(s) shall be installed and made available for use prior to any of the uses hereby approved becoming first operative and thereafter be retained.

The Framework Travel Plan hereby approved (Ref: T4246 R-01) shall be adhered to and undertaken in strict accordance with the agreed details and timetable/timings for a period of 5 years from the date of any of the uses hereby approved becoming first operative.