Appeal 6002401

The appeal is allowed and planning permission is granted for the erection of a single dwelling (Plot 6) with an associated vehicular access, parking and turning at [site address] , [site address] , Wanstrow [postcode] in accordance with the terms of the application, Ref 2025/1639/FUL, subject to the conditions in the attached schedule.

The main issues in this case are • whether the appeal site is a suitable location for housing having regard to the development plan for the area; • whether the appeal site is a suitable location for housing having regard to the accessibility of services and facilities; and • the effect of the proposed development on the character and appearance of the area.

Policies CP1 and CP2 of the Mendip District Local Plan 2006 – 2029, Part 1: Strategy and Policies (2014) (LP) set out the spatial strategy for the area. These policies seek to direct the majority of development towards the principal settlements with new development tailored to meet local needs in primary and secondary villages. Development in the open countryside will be strictly controlled but may exceptionally be permitted in line with the provisions of Policy CP4.

The appeal site comprises a parcel of land which is part of an open field adjacent to [site address] which leads south out of Wanstrow. Wanstrow does not have a defined development limit and for the purposes of the development plan, the appeal site is located in the open countryside. None of the circumstances outlined in CP4 are applicable to the appeal scheme and consequently the proposal conflicts with the development plan for the area.

I conclude that the appeal site is not a suitable location for housing having regard to the development plan for the area. It therefore conflicts with Policies CP1 and CP2 of the LP which together seek to direct development towards larger settlements and to strictly control development in the open countryside.

Wanstrow is a relatively small settlement with a limited range of services and facilities. These include a village hall, play area, village pub and a car repair garage and MOT centre. [address] Park with café and shop and agricultural services shop are located to the south of the appeal site.

These would provide some social, recreational, and retail opportunities and services within walking distance from the appeal site. Even with the new pavement to be constructed as part of the previous approval for 4 dwellings1, there are small gaps in the footway throughout Wanstrow, however in these gaps there are sufficient places to provide pedestrian refuge from passing vehicles.

I acknowledge that the services and facilities which exist nearby would not be sufficient to meet all of the requirements of future residents and bus services in the area are limited. It is therefore likely that they would be reliant on a private car to travel to higher order settlements. However, the Framework recognises that opportunities to maximise sustainable transport solutions will vary between urban and rural areas.

There would be some access to sustainable transport options and some services and facilities are available locally. Consequently, whilst future residents are likely to own a private car, there are some alternatives available nearby which mean that not all trips would require the use of the car.

The Council are concerned that the proposal would place a burden on local services and facilities. However, no substantive evidence has been provided which demonstrates that any local facilities or services are at, or over, capacity.

I conclude that the appeal site has reasonable access to services and facilities. There is no conflict therefore with the sustainable transport and development goals of the Framework in this respect.

The proposed dwelling would be located at the end of the existing properties along [site address] extending out of the settlement. At present the site is used as a temporary site compound for the adjacent new build dwellings, however, would otherwise be part of the wider open land surrounding the built form, and as such would have a semi-rural character, befitting its location in the transition between the wider countryside and the settlement.

The proposed dwelling would extend the built form into this open countryside. As such, there would be some urbanisation and domestication of the site. This would harm the existing semi-rural character. 1 Approval 2023/0834/FUL

Nevertheless, the dwelling would sit in keeping with the existing road fronting linear pattern of development and would be sat in between the neighbouring dwelling and a concrete surfaced field access. In addition, most of the surrounding field would remain undeveloped and open and given its limited single storey form, the proposal would not result in a significant impact on the wider landscape. The harm to the wider character and appearance of the site and surroundings would therefore be minor.

Nevertheless, I conclude that the proposal would harm the character and appearance of the area. It would therefore conflict with [name] DP1, DP4 and DP7 which seek to ensure that development proposals achieve high quality design which responds positively to local distinctiveness and have an appreciation of the context of the locality.

The appeal site falls within [name] of the [name] for the Mells Valley Special Area of Conservation (SAC), which is designated due to the presence of a large breeding population of [name], and it is accepted that the landscapes around the SAC are important in providing foraging habitat to maintain the favourable conservation status of these bats. The Mendip District Council Mells Valley SAC Guidance on Development document, produced in partnership with Natural England, sets out that for development within [name] developers should take advice from consultant ecologists.

The submitted Ecological Appraisal2 identifies that the site is occupied by cleared ground with a boundary hedgerow, which may support limited numbers of commuting/foraging bats and nesting birds, but is unlikely to constitute an important corridor for the SAC population.

Overall, it is considered by the ecologists that the site is small in size and generally has low ecological value. Measures recommended such as low level lighting, new boundary hedgerow planting and bird nesting features, secured through condition, would ensure that potential adverse effect would be avoided, and the integrity of the SAC would not be adversely affected.

I therefore conclude that the proposed development would not have an adverse effect upon protected species and, in this regard, would accord with habitats regulations and the Framework.

The proposal would result in an additional unit of accommodation which would contribute to the Government’s broader objective of significantly boosting the supply of homes. The development would make efficient use of the site, as supported by the Framework. The proposal would also result in a short-term economic benefits arising from the construction process. Economic and social benefits are also likely to arise from the occupation of the new dwelling. However, given the quantum of development in this case, each of these benefits would be modest.

The proposal would conflict with the housing strategy in the development plan. [name] CP1, CP2 and CP4 are broadly consistent with the Framework where it 2 by [name] (Sept 2025) states that the planning system should actively manage patterns of growth. Given the current significant shortfall, the housing strategy policies are not currently providing sufficient housing. As such I give the conflict with this policy minor weight.

In addition, [name] DP1, DP4 and DP7 are also broadly consistent with the Framework, which seeks to ensure development are visually attractive and sympathetic to local landscapes.

However, for the reasons set out above, I also give the conflict with these policies minor weight. Nevertheless, the scheme would conflict with the development plan as a whole.

The Council confirms that they are unable to demonstrate a 5 year housing land supply, and do not dispute the appellants figure of 2.84 years supply. The presumption in favour of sustainable development outlined in Paragraph 11d)ii of the Framework is therefore engaged.

The proposal would align with the Framework where it seeks to significantly boost the supply of housing, and acknowledges that small-scale developments can make an important contribution to meeting the housing requirement and be built out quickly. Whilst the scale of the proposal is limited, given the considerable scale of the shortfall identified, this attracts moderate weight.

The economic and social benefits from the build and occupation of the dwelling as well as support for local services, facilities and the community, including those in other villages would be limited given the size of the development, and their weight in favour of the scheme is modest.

The proposal would conflict with the Framework where it seeks to actively manage patterns of growth. However, for the reasons set out above, I give this conflict minor weight.

In this instance, the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. The proposal benefits from the presumption of sustainable development as outlined in Paragraph 11d)ii of the Framework.

On the basis of the individual merits of the scheme, the material considerations indicate that planning permission should be granted notwithstanding the conflict with the development plan.

The Council has provided a list of suggested conditions that it considers would be appropriate. I have considered these in light of the Planning Practice Guidance (PPG) and the test set out in the Framework. For clarity and to ensure compliance with the tests, I have amended some of the Council’s suggested wording.

In addition to the standard time limit for the reserved matters submissions, I have imposed a condition requiring the development to be carried out in accordance with the approved plans as this provides certainty.

A condition securing appropriate surface water drainage is required in order to ensure that the development does not result in flooding issues on or off site. this would include details of the prevention of the discharge of water onto the highway, and as such a separate condition for this is unnecessary. This condition is pre-commencement as it relates to and/or affects the early part of the development.

A condition requiring details of measures such as sustainable construction techniques and on-site energy regeneration is necessary in order to ensure that sustainable construction and renewable energy opportunities are maximised in accordance with [name] DP7 and DP6.

A condition securing details of a [name] and [name] is in the interests of ecology.

A condition securing the implementation of the submitted hard and soft landscaping details is necessary in the interest of the visual amenity of the site and surroundings. Conditions in respect of the visibility splay, construction of the access and the retention of parking and turning are required in the interests of highway safety.

For the reasons set out above, and having regard to all the other matters raised, I conclude that the appeal should be allowed

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: A0.01A, A0.10A, A0.11A, A0.30, A0.40, A0.41.

Prior to the commencement of development, a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, shall be submitted to and approved in writing by the local planning authority. The scheme shall include results of infiltration testing and an assessment of the capacity of the downstream channel and structures to accommodate additional flows from the site, along with details of groundwater levels and soakaway design, in accordance with Building regulations [name], to verify whether or not soakaways will be suitable for the development. Where soakaways are found to be suitable, details of the soakaways to be installed shall be provided. If the infiltration test results or ground water levels demonstrate that soakaways are not appropriate, an alternative method of surface water drainage shall be detailed and justified. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, and discharge from the site shall be restricted to greenfield rates of runoff with attenuation provided up to the 1 in 100 year plus 40% climate change event. The submitted details shall also include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The scheme shall be implemented and thereafter maintained in accordance with the approved details.

Prior to the commencement of any works above ground level a scheme indicating proposed measures in respect of the following shall be submitted to and approved in writing by the local planning authority i. sustainable construction techniques ii. on-site renewable energy generation iii. water efficiency measures, recycling and conservation iv. minimisation, re-use or recycling of waste by new residents. The approved measures shall be implemented in full prior to the occupation of the development and shall be maintained thereafter.

Prior to the commencement of any works above ground level a [name] and [name] (WPES) shall be submitted to and approved in writing by the local planning authority. The WPES shall include measures based on the recommendations in Part 4 of the submitted [name] prepared by [name] (Sept 2025). The approved measures shall be implemented in full prior to the occupation of the development and shall be retained thereafter.

All hard and/or soft landscape works shall be carried out in accordance with the approved drawing no. A0.11A. The works shall be carried out prior to the occupation of any part of the development. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the local planning authority. All hard landscape works shall be permanently retained in accordance with the approved details.

Prior to the occupation of the development, the visibility splay shown on drawing no. A0.10A shall be provided. There shall be no on-site obstruction exceeding 300mm above ground level within the visibility splay. The visibility splay shall be retained permanently free of obstruction thereafter.

Prior to the occupation of the development the areas allocated for parking and turning shall be laid out in accordance with approved drawing A0.11A, thereafter kept clear of obstruction and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

Prior to the occupation of the development, the vehicular access shall be constructed in accordance with details shown on approved drawing no. A0.10A. The vehicular access shall thereafter be permanently retained in accordance with the approved plans. End of Schedule