Appeal 6004751

The appeal is allowed and planning permission is granted for erection of a stable block and access at [site address] in accordance with the terms of the application, Ref 25/00497/FULL subject to the conditions in the attached schedule.

The Council altered the description of the development during the consideration of the application to read ‘erection of stable block and access’. This is a more accurate description of the proposal and I have taken the description above which also appears on the appeal form. I am satisfied therefore that the cases of the main parties would not be prejudiced by the use of the above description and I have determined the appeal accordingly.

The Council has not referred to any development plan policies in its decision notice. The Council has provided me with Policy BAS GB1 of the Basildon District Local Plan Saved Policies (2207) (LP), but this merely establishes the boundaries of the Green Belt and Policy BAS GB3 of the LP which relates to residential development and thus is not relevant. A such, I have determined the appeal on the basis of national policy and any statutory requirements.

The main issues in respect of this appeal are: • Whether the proposal would be inappropriate development in the Green Belt (having regard to the National Planning Policy Framework (the Framework)). • The effect of the proposal on the openness and purposes of the Green Belt. • Whether the proposal would provide [name] (BNG). • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal. Or whether other considerations clearly outweigh the harm to the Green Belt and any other harm so as to amount to very special circumstances.

The appeal site is located at the rear of the appellant’s residential property and adjacent to an existing lawful commercial yard (formerly a kennels) now under construction for a mixed use commercial yard. The site is currently used for the grazing of horses.

The appeal site is located within the Green Belt and is surrounded by buildings including residential outbuildings in the appellant’s residential curtilage and also stable buildings, barns and other residential outbuildings on sites directly adjoining the appeal site.

The proposed development is for a U-shaped stable building for the accommodation of 6 horses with ancillary tack room and feed stores, finished in shiplap cladding and with a pitched tiled roof. Hardstanding would be laid in front of the new stable block and a new access road would be located alongside the eastern side of the field from the existing driveway. The Council also note the proposal would comprise a material change of use of the land for the keeping of grazing animals. However, the application does not seek any change of use and I am mindful that Section 336 of the Town and Country Planning Act 1990 includes the use of land as grazing land in the definition of agriculture.

Paragraph 142 of the Framework identifies the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

Paragraph 153 of the Framework requires that substantial weight is given to any harm to the Green Belt, including harm to its openness. Inappropriate development should not be approved except in very special circumstances, which will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.

Paragraph 154 of the Framework outlines the exceptions to inappropriate development and identifies the following exception: b) the provision of appropriate facilities (in connection with the existing use of land or a change of use), including buildings, for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it.

The Council do not consider the proposed stabling would benefit from exception under paragraph 154 b) as the proposal would be for private use and would not benefit the wider community. It has taken the view the provision of appropriate facilities including buildings for outdoor sport and recreation are aimed to encourage and secure wider community use of new and existing sport and physical activity provision as promoted by Sport England. However, nowhere in the Framework is this interpretation set out and I do not share the Council’s view that the proposal must benefit the wider community.

The proposed stabling could meet the exceptions criteria in paragraph 154 b) of the Framework as it would provide an appropriate facility (stabling) in connection with the use of the land. [name] am content the development falls within the scope of the 154b exception I do not need to consider the proposal against any other exceptions. However, paragraph 154b) also requires me to consider whether the facility preserves the openness of the Green Belt and does not conflict with the purposes of including land within it which I will discuss below. The effect of the proposal on the openness and purposes of the Green Belt

The proposed stable block, hardstanding and access would be located in the southeast corner of the appeal site, adjoining the rear boundaries of properties on [site address] , [address] and the rear of the residential dwelling associated with the appeal.

Three boundaries on this part of the appeal site adjacent to the proposal contain large buildings including a barn, residential outbuildings and stabling. There is also a significant amount of hardstanding on the adjacent site to the west of the proposal.

The proposal would be discreetly located to the rear of existing residential development and in close proximity to existing buildings in association with various commercial and domestic uses. It would be well contained in the corner of the appeal site and would not be prominent in a wider setting.

I acknowledge this part of the site currently does not contain any permanent buildings or hardstanding. However, the location of the proposed development would be set amongst existing development and boundary screening providing an enclosed setting for the proposal. In this specific context, due to its discreet, well contained location, surrounding boundary treatment, hardstanding directly adjacent to the site and the presence of existing buildings in commercial and domestic use contributing towards the level of activity on and around the site, the proposed development would not harm the openness of the Green Belt.

There is agreement between the parties that the appeal site does not strongly contribute to the purposes a), b) or d) of paragraph 143 of the Framework and I have no reason to disagree. The proposal would meet purpose c) and safeguard the countryside from encroachment by being located adjacent to existing development, boundary screening and to the rear of existing residential properties. With respect to purpose e), the proposal would be located in a countryside location and therefore this is not relevant.

In conclusion, for the reasons outlined above, the proposal would preserve the openness and purposes of the Green Belt in accordance with paragraphs 142, 143 and 153 of the Framework. The proposal would therefore meet exception criteria 154 b) of the Framework and would not be inappropriate development in the Green Belt. [name] have found the proposal would not be inappropriate development in the Green Belt, there is no reason to consider the proposal against paragraph 155 of the Framework or for it to demonstrate very special circumstances.

I have been provided with the minimum information required by Schedule 7A ([name] in England) of the Town and Country Planning Act. The Council has been given the opportunity to comment on the information submitted but has not sought to challenge this. I am satisfied that BNG can be delivered either on or off site but this would be a matter for the Council to determine under a separate application for agreement of the Biodiversity Gain Plan. I have no reason to dismiss the appeal on this basis.

I have had regard to the list of suggested conditions provided by the Council and have considered these in light of the Framework and the Planning Practice Guidance and adjusted accordingly.

In the interests of certainty, I have imposed conditions requiring the permission to be implemented within 3 years of the date of the permission, to be carried out in accordance with the submitted plans and in the materials shown on the plans.

In the interests of the living conditions of the occupiers of adjoining neighbours and to maintain the rural character of the area, I have imposed conditions requiring the approval of any external lighting installed at the stables and restricting the use of the stables to the private use of the appellant.

Due to the provisions of Schedule 7 of the 1990 Act and as none of the statutory exemptions apply in this case, the development may not begin unless a Biodiversity Gain Plan has been submitted to and approved by the local planning authority.

For the reasons given above, the proposed development complies with national policy relating to the Green Belt and meets the requirements relating to biodiversity net gain. There is therefore no conflict with any development plan policy nor any other material considerations which would suggest the appeal should be dismissed. For this reason given above, the appeal should allowed.

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

The development hereby permitted shall be carried out in accordance with the approved drawings: [site address] /04 Proposed site plan; [site address] /05 Proposed block plan; Elevation plan dated 22 June 2023; Floor and roof plan dated 22 June 2023.

The external surfaces of the development hereby permitted shall be constructed in the materials and finish as detailed within the application.

There shall be no external lighting installed unless a scheme giving all details of any external lighting of the site, including the luminance and spread of light and the design and specification of the light fittings, is submitted to and approved in writing by the Local Planning Authority prior to installation. All lighting shall be designed in accordance with the Institute of [name] ‘Guidance Note 01/20: Guidance notes for the reduction of obtrusive light’.

The stables hereby permitted shall be used solely for the private and personal use of the applicant and shall not be used for any commercial equestrian purposes, livery, riding school, breeding, training, hiring or any other business use. End of Schedule