Case Reference: 3258889

Appeal Decision
Inquiry held between 9 and 12 February 2021
Site visit made on 15 February 2021
by Mark Dakeyne BA (Hons) MRTPI
an Inspector appointed by the Secretary of State for Housing, Communities and Local Government
Decision date: 9th March 2021
Appeal Ref: APP/N2345/W/20/3258889
Land at Cardwell Farm, Garstang Road, Barton, Preston PR3 5DR
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant outline planning permission.
• The appeal is made by [APPELLANT] against the decision of Preston
City Council.
• The application Ref 06/2019/0752, dated 31 May 2019, was refused by notice dated
6 March 2020.
• The development proposed is described as ‘outline application for up to 151 dwellings
with associated works.’
Decision
1. The appeal is allowed and outline planning permission is granted for up to 151
no dwellings and community building with associated works (access applied for
only) at land at Cardwell Farm, Garstang Road, Barton, Preston PR3 5DR in
accordance with the terms of the application, Ref 06/2019/0752, dated
31 May 2019, subject to the conditions set out in the attached schedule.
Procedural matters
2. A revised description of development was agreed between the main parties
after the submission of the planning application1. I have determined the
appeal on the basis of this amended description which is set out in the formal
decision above.
3. As the amended description indicates, the application is in outline with all
matters except for means of access reserved for subsequent approval. Other
than the location plan, the only drawing which forms part of the application is
Drawing No SCP/18205/SK05 Rev A contained within the Transport
Assessment. This drawing shows that the access would be off the A6, Garstang
Road, via a priority-controlled junction. I have treated the layout and
landscaping plans as an indication of how the site could be developed but they
do not form part of the application.
4. An agreement under Section 106 of the Town and Country Planning Act 1990
(S106) dated 4 February 2021 would secure affordable housing; education,
sustainable transport, and travel plan contributions; the laying out and
management of public open space within the development; and the provision of
the community building. I will return to the S106 later in my decision.
1 Inquiry Document R13
Main issues
5. The main issues are:
a. Whether the proposal would accord with the development plan strategy for
the area;
b. The effect on the character and appearance of the area;
c. Whether the Council can demonstrate a five-year supply of deliverable
housing sites, having particular regard to the housing need or requirement for
Preston; and,
d. Whether paragraph 11. d) ii. of the National Planning Policy Framework
February 2019 (the Framework) is engaged either by reason of a lack of a five-
year supply of deliverable housing sites or because the most important policies
for determining the appeal are out-of-date.
Reasons
Development plan strategy
6. The development plan for the area, so far as it is relevant to this appeal,
comprises the Central Lancashire Core Strategy (CLCS) adopted in July 2012
and the Preston Local Plan 2012-2026 (PLP) adopted in July 2015. Policy 1 of
the CLCS (Locating Growth) seeks to concentrate growth in the Preston/South
Ribble Urban Area, Key Service Centres, strategic sites and Urban and Rural
Local Service Centres. In other places, including small villages, development is
to be typically small scale and limited to appropriate infilling, conversion of
buildings and proposals to meet local need.
7. The PLP confirms that Barton is one of several villages not identified in the
CLCS as a Rural Local Service Centre, in other words it is a small village.
Policy AD1 (b) of the PLP indicates that small scale development will be allowed
within existing villages provided criteria relating to matters such as design and
living conditions are met. Therefore, no significant growth aspirations exist for
the village within the development plan.
8. The development, apart from a small portion of the frontage adjacent to the
A6, would lie outside the settlement boundary of Barton and in open
countryside as defined by the Policies Map. The proposal would not be small
scale and would not be within the existing village.
9. Policy EN1 of the PLP indicates that development in the open countryside will
be limited to rural exception sites for affordable housing, rural workers’
dwellings, agricultural and forestry uses, the re-use of buildings and infilling
within groups of buildings in smaller rural settlements. The development does
not fall within any of these categories.
10. Barton straddles Preston and Wyre local authority boundaries. One site at the
northern end of the village (Forest Grove) was allocated for housing in the PLP
and three housing sites to the west of the A6 have been allocated in the Wyre
Local Plan. The allocation at Forest Grove followed on from an allowed appeal
in 2013 for up to 65 dwellings2. Housing developments have been permitted
on two of the Wyre allocations and some sites beyond the settlement boundary
within Preston’s part of the village in recent years. These include an outline
permission for 55 dwellings on that part of the appeal site between Cardwell
Farm and Woodlands Way granted in September 2018.
2 Inquiry document R7
11. The Forest Grove development has been completed and a number of sites to
the west of the A6 are under construction. However, these developments have
not changed the development plan status of Barton as a small village.
12. In conclusion, the development would not accord with the development plan
strategy for the area and would be contrary to Policy 1 of the CLCS and Policies
AD1 (b) and EN1 of the PLP for the reasons given above.
Character and appearance
13. The application was not accompanied by a landscape and visual assessment.
I assessed the landscape and visual impacts of the development by walking the
footpaths to the north and south of the site, the bridleway to the east and the
pavements along the A6.
14. The appeal site is an irregular shaped area of predominantly agricultural
grazing land to the east of the A6. Most of the site is on a fairly level plateau
between the A6 and the valley of Barton Brook to the east. The fields within
the site are divided by hedgerows and the occasional fence. Some of the field
boundaries include mature trees, although tree cover is generally sparse.
However, there are a few ponds surrounded by vegetation within and on the
edge of the site. Moreover, at its south-eastern end, behind Woodlands
Crescent, the site is partly wooded and slopes steeply down to the brook.
15. Most of the site is typical of the undulating lowland farmland landscape
character type, pleasant but unremarkable. The site does not lie within a
valued landscape. That said, the south-eastern edge, forms part, and
contributes to the character, of the river valley.
16. The majority of the site is not readily visible from the A6 as it lies behind
frontage development and the Cardwell Farm complex. However, the
undeveloped section between the farm and No 630 Garstang Road allows views
of the appeal’s sites fields from the A6 through the roadside hedge and trees.
17. The south-eastern valley slopes and the plateau edge form part of the rural
views from the footpath which heads eastwards from Woodlands Way towards
the M6, both from within the river valley and on rising land to the east. Longer
distance views of the south-eastern site edge can be obtained from a short,
elevated section of the bridleway which runs to the east of Barton Brook.
However, once it enters the valley, topography and vegetation prevent views of
the site from the bridleway. However, the site becomes visible again from the
footpath near Forest Grove, albeit in the distance across intervening fields.
18. The site is clearly visible from the rear of properties along the A6 and from the
homes in Woodlands Way and Woodlands Crescent that back onto the land.
19. Development of the relatively narrow undeveloped frontage would lead to the
loss of views of the countryside from the A6. However, the development of the
frontage would not be out of character with the linear form of the village.
Planting of trees and hedges behind the visibility splay could maintain a soft
road frontage.
20. The development would extend some way back behind the predominantly
ribbon form of the village but the development around Forest Grove to the
north provides a comparable width to the settlement. Other recent housing will
also extend back beyond much of the established linear development on the
A6. Although the proposal would be of significant scale and depth, its form
would not be without precedent in the village. The few attractive landscape
features on the plateau could be maintained as part of the layout.
Development on the majority of the site would not be readily visible from
nearby public viewpoints.
21. Recreational users of the footpaths and bridleway to the south, south-east and
north of the site would be sensitive to changes in the landscape. However,
only a small part of the site encroaches onto the valley slopes. A sympathetic
layout could avoid the valley slopes and retain the wooded features. Indeed,
the indicative layouts show limited built development on this part of the site.
Whilst the edge of the development on higher ground would be likely to be
visible from the rights of way, the distances involved and intervening screening
would reduce the visual impact.
22. The adjacent residents would see a significant change in their aspect with open
fields being replaced with a housing estate. However, some of the properties
in Woodlands Way and Woodlands Crescent and the homes near the access
point onto Garstang Road already face the prospect of housing behind them
due to the extant permission. The properties on Woodlands Crescent that face
east could potentially have open areas to their rear. Visual impacts for all
adjoining residents could be mitigated by the use of appropriate separation
distances.
23. All in all, and subject to the layout avoiding built development on the more
sensitive south-eastern parts of the site, the landscape and visual impacts
would not be significantly adverse. The development would be reasonably well
integrated with the existing settlement pattern of Barton and appropriate to the
landscape character type. As such there would be compliance with Policy 21 of
the CLCS.
Five-year housing supply
24. Paragraph 73 of the Framework requires that local planning authorities (LPA)
should identify and update annually a supply of specific deliverable sites
sufficient to provide a minimum of five years’ worth of housing against their
housing requirement set out in adopted strategic policies, or against their local
housing need (LHN) where the strategic policies are more than five years old.
Footnote 37 of the Framework indicates that where strategic policies have been
reviewed and found not to require updating they should still be used as a basis
for the housing requirement even if they are more than five years old.
25. Planning Practice Guidance3 (PPG) contains similar wording to Footnote 37 but
also notes that the housing requirement figures identified in adopted strategic
housing policies should be used for calculating the five-year housing land
supply figure where the strategic housing policies have been reviewed within
the last five years and found not to need updating. This wording in the PPG
was introduced in July 2019. It followed on from wording contained in the
2018 version of the PPG which reflected the July 2018 Framework and the
introduction of the standard method for calculating LHN.
26. Footnote 37 and the related PPG were introduced without any transitional
arrangements. Therefore, the effect of national policy and guidance is that any
3 Paragraph 005 Reference ID: 68-005-20190722
review of the strategic housing requirement undertaken from July 2014
onwards which found the requirement not to require updating would amount to
a ‘Footnote 37 Review’. Whilst PPG is not policy, it does not depart from the
Framework on this subject but seeks to assist with the time period whereby a
review has currency.
27. The development plan minimum housing requirement for Preston of 507
dwellings per annum (dpa) is set out in Policy 4 of the CLCS. This is out of a
total requirement for Central Lancashire of 1,341 dpa4. This requirement was
set by adopted strategic policies which are more than five years old.
28. However, in October 2017, some five years after the adoption of the CLCS, the
Central Lancashire authorities of Preston, Chorley and South Ribble entered
into a Joint Memorandum of Understanding and Statement of Co-operation
relating to the provision of Housing Land (MOU1). MOU1 agreed that the
housing requirement in the CLCS should be applied until the adoption of a
replacement plan.
29. MOU1 was informed by a Strategic Housing Market Assessment (SHMA) which
indicated that, if each LPA were to meet its own Objectively Assessed Need, the
total requirement for Central Lancashire would only exceed the Policy 4
requirement by some 20 dpa, albeit that different distributions would result
depending on whether demographic or economic growth figures were used.
The SHMA used the 2014-based household projections as the starting point for
assessing housing need.
30. MOU1 noted that continuing to apply the CLCS housing requirement would,
amongst other things, reflect the spatial pattern of development set out in
Policy 1 of the CLCS, including directing housing growth to priority areas such
as Cottam and North West Preston where land had been allocated to deliver
significant new housing in accordance with the Preston, South Ribble and
Lancashire City Deal; that site allocations had been determined to meet the
spatial pattern of development in the CLCS; that the CLCS requirement reflects
the high levels of containment for both travel to work and housing market
areas (HMA); and that the Policy 1 apportionment would help to address net
out-migration from Preston to other parts of the HMA. That the Policy 4 figures
were based on the defunct North West Regional Spatial Strategy and had a
baseline date of 2003 were not factors that were referred to in MOU1 and,
therefore, on the face of it were not given much weight.
31. Although it was entered into before the publication of the 2018 Framework, the
Council and the appellant agree that MOU1, supported by evidence in the
SHMA, was a ‘Footnote 37 review’5. Based on the information before me, I see
no reason to take a different view.
32. However, the Council considers that matters have moved on from MOU1.
MOU1 included a clause whereby the document was to be reviewed no less
than every three years but would also be reviewed when new evidence that
renders the MOU out of date emerges. It is more than three years since MOU1
was entered into. The Council points to the introduction of the standard
method for assessing LHN as being a significant change in circumstances. If
the LHN figure is used, Preston would be required to deliver 250 dpa.
4 For both Chorley and South Ribble the requirement is 417 dpa
5 Paragraph 2.4 of the Housing Supply Statement of Common Ground (Document B4)
33. Footnote 37 and PPG do not indicate whether, once reviewed and found not to
require updating, the development plan housing requirement can be reviewed
again outside the formal local plan process. However, the implications of
paragraphs 31-33 of the Framework is that it is anticipated that relevant
strategic policies will need updating through a new local plan or partial review
of a local plan rather than through a ‘review of a review’. That said, it seems
to me that there may be justification to revert to LHN even if the requirement
had been previously reviewed and found not to require updating. However, the
decision to depart from the findings of a review undertaken in the last five
years would need to be supported by a robust process.
34. In this respect the Central Lancashire LPAs entered into a second Memorandum
of Understanding in April 20206. This was augmented by a Statement of
Common Ground in May 2020 reflecting a slight change in LHN housing
numbers for April 2020. However, for the purposes of this decision the
changes are not significant and I will refer to these documents collectively as
MOU2.
35. MOU2 took into account the Central Lancashire Housing Study (CLHS),
published in March 2020. The CLHS was commissioned to inform the review of
the CLCS. However, the CLHS did not assess housing need in the way the
SHMA did. It focused on LHN as a basis for the housing requirement, not on
whether to plan for a higher level of need. In addition to findings in relation to
affordable and other specific housing needs, it recommended that, pending the
adoption of a new local plan, LHN should be used as a basis for assessing five-
year housing supply but that the LHN should be redistributed such that
Preston’s requirement would be 404 dpa. However, the recommendations did
not appear to consider that a Footnote 37 review had already been carried
out7, and started with the assumption that the LHN should be used as the basis
for the housing requirement.
36. As a result, MOU2 sought not to use solus LHN figures or retain the CLCS
requirement but redistribute the LHN figures across the Central Lancashire
LPAs. The veracity of MOU2 was tested at an inquiry in the summer of 2020
relating to a development of up to 180 dwellings at Pear Tree Lane, Euxton,
Chorley. The Inspector in his decision8 gave limited weight to the figure for
Chorley derived from MOU2 because it was outside the local plan process.
He noted that PPG allows the housing requirement for a joint plan making
authority to be distributed across the plan area but this should be done through
the plan making process, not through decision-making. I agree with this
analysis and that Footnote 37 effectively provides two principal options for an
LPA housing figure, either the adopted strategic policy requirement or the LHN.
37. The Inspector agreed that the LHN figure should be used for Chorley.
However, it appears that the option of using the CLCS requirement was not put
to him. The only reference to MOU1 in his decision is in relation to a previous
appeal for the Pear Tree Lane site in 2017. In other words, it was not argued
that MOU1 still had currency as a Footnote 37 review.
6 Joint Memorandum of Understanding & Statement of Co-operation Relating to the Provision and Distribution of
Housing Land (Document A12)
7 See paragraph 2.14 (Document A11)
8 Appeal decision ref: APP/D2320/W/20/3247136 dated 11 August 2020 (Document F1)
38. Up to December 2019 Preston continued to use the CLCS requirement for the
purposes of assessing its five-year housing land supply. This was in the
knowledge of the longevity of the CLCS requirement and the fact that it was
based on calculating need in accordance with the 2012 Framework. However,
following an appeal decision relating to Chain House Lane, South Ribble9, where
the Inspector concluded that MOU1 did not constitute a Footnote 37 review and
that LHN should be used, the Council decided to use the LHN figure. However,
the Chain House Lane decision was quashed in the High Court10. The judge
found that the Inspector’s reasoning for concluding that MOU1 was not a
review was inadequate.
39. Subsequently, following the Pear Tree Lane decision, the Council withdrew from
MOU2 because the Inspector ‘has attributed limited weight to the MOU in
determining the appeal.’11 The Council’s decision does not indicate on what
basis the housing requirement or the five-year supply will be derived as an
alternative to MOU2, albeit it is noted that the Central Lancashire LPAs are in
the process of reviewing the Local Plan which will consider the matter of
distribution of housing.
40. Pulling this chain of events together, to my mind the review of the CLCS
housing requirement through MOU1 is the only Footnote 37 review that has
been undertaken. The decision to revert to the LHN figure after withdrawal
from MOU2 did not constitute such a review as it has not followed a robust
process. The factors set out in paragraph 30 above are still relevant today. In
addition, the higher housing requirement derived from the CLCS would deliver
more affordable housing. Therefore, Policy 4 of the CLCS should be used for
the purposes of assessing whether there is a minimum of five years’ worth of
housing against the housing requirement.
41. These findings result in potential inconsistencies in considering housing supply
across the Central Lancashire local plan area having regard to the conclusions
of the Pear Tree Lane Inspector who went with the LHN figure. But as
explained earlier he was considering different arguments which did not include
whether a Footnote 37 review had been undertaken. His decision precedes the
Chain House Lane judgement. If it had been put to him that a Footnote 37
review had been undertaken and that the CLCS housing requirement should be
used, he may have come to a different decision.
42. The Council and appellant agree that there is a deliverable five-year housing
land supply of 3,581 dwellings at 1 October 202012. Based on the CLCS
requirement of 507 dpa and factoring in past under-supply13 and a 5% buffer,
there would be a 4.95 years supply of housing land.
43. For the above reasons, the Council cannot demonstrate a five-year supply of
deliverable housing sites, having particular regard to the housing requirement
for Preston.
9 Appeal decision ref: APP/F2360/W/19/3234070 dated 13 December 2019 (Document F2)
10 [APPELLANT] v South Ribble BC [2020] EWHC 2294 (Admin) (Document G1)
11 Minutes of Preston City Council Cabinet meeting 4 November 2020 (Document P3)
12 Paragraph 2.10 of the Housing Supply Statement of Common Ground (Document B4)
13 Using the Sedgefield method – the past shortfall being addressed in the next five years
Tilted balance
44. Because of my conclusions on five-year supply, and as the proposal involves
the provision of housing, Footnote 7 of the Framework indicates the most
important policies for determining the appeal are deemed to be out of date.
The application of policies in the Framework that protect areas or assets of
particular importance does not provide a clear reason for refusing the
development. Therefore, paragraph 11. d) ii. of the Framework (the tilted
balance) is engaged by reason of a lack of a five-year supply of deliverable
housing sites.
45. Having regard to the above, there is no need for me to go onto consider
whether the most important policies for determining the appeal are out of date
for reasons other than housing land supply. I will consider the consequences of
applying paragraph 11. d) ii. in my planning balance set out later in this
decision.
Other matters
46. The emerging Central Lancashire Local Plan is at an early stage. An Issues and
Options Document was subject to consultation in late 2019 and early 2020 but
no draft policies have been published. Barton has been designated as a
neighbourhood plan area and an initial draft plan was published for consultation
in Autumn 2020. However, little weight can be given to these emerging plans
at this stage.
47. The access onto the A6 would have acceptable visibility. The configuration of
the access with the provision of a right turn lane would provide a safe and
suitable access. The development would not lead to severe residual cumulative
impacts on the road network.
48. Subject to the imposition of suitable conditions, the development would not
harm archaeological interests or impact adversely on ecology. The loss of trees
and a section of hedgerow along the site frontage could be compensated for by
replacement planting. The extant permission has established that the loss of
frontage vegetation is acceptable. The site is likely to be predominantly Grade
3b agricultural land which is not the best and most versatile farming land.
49. The site lies within Flood Zone 1, where there is a low probability of flooding.
Although standing water has been observed on the site after heavy rainfall, this
is likely to be the result of topography, soil infiltration characteristics and a
blocked culvert. The provision of a sustainable surface water drainage system
with greenfield run off rates should ensure that surface water would be suitably
managed. No concerns have been raised by United Utilities about the capacity
of the foul drainage system.
50. As an outline proposal, the design of the scheme is not before me. An
acceptable design could be developed at reserved matters stage ensuring that
the factors that I consider earlier in this decision are taken into account and
that adjoining residents are not unacceptably affected by reason of undue
overlooking or visual impact. The provision of the access direct off Garstang
Road would be beneficial for residents of Thorntrees Avenue and Woodlands
Way compared to the fall-back permission.
51. The appeal site is not within a location where there are concerns about air
quality. Suitable site-specific mitigation measures can be implemented during
the construction phase to prevent localised issues with air quality.
Planning obligations
52. The S106 would secure 35% affordable housing through the provision of 53
dwellings on-site. The affordable housing provision would accord with Policy 7
of the CLCS. The tenure split would follow the guidance in the Central
Lancashire Affordable Housing Supplementary Planning Document.
53. The education contributions would be required to ensure that primary school
places are available within the catchment, in accordance with Policies 2 and 14
of the CLCS. Sustainable transport and travel plan contributions would support
the provision of, and encouragement to use, modes of travel other than the
private vehicle in accordance with CLCS Policies 2 and 3 and PLP Policy ST2. In
this respect I note that there is scope to provide off-road cycleways in the
village itself and linking Barton with existing provision near Broughton.
54. The provision and management of open space within the development,
including play provision, would be secured in accordance with Policy 24 of the
CLCS and Policy HS3 of the PLP.
55. The community building forms part of the proposal. There is already a village
hall within the settlement, albeit at the northern end, some distance from the
appeal site. The Parish Council has concerns that a further similar building
may not be needed and would be difficult to fund and manage. However, the
future use of the building is not defined. It could provide a hub at the southern
end of the village, serving existing residents and those who would occupy the
appeal scheme and the several other housing developments nearby which are
coming on stream, and be connected to new open space and recreational
facilities within the development. Its provision and future operation,
management and maintenance should be secured as part of the S106.
56. The above obligations are needed to address development plan policy
requirements; make the development acceptable in planning terms; are
directly related to the development; and are fairly and reasonably related in
scale and kind to the development. Therefore, I have taken them into account
in my decision.
Planning balance, conditions, and conclusion
Planning balance
57. Paragraph 11. d) ii. of the Framework indicates that, where the most important
development plan policies for determining the application are out-of-date,
planning permission should be granted, unless any adverse impacts of doing so
would significantly and demonstrably outweigh the benefits, when assessed
against the policies in the Framework taken as a whole.
58. The adverse impacts of the development relate primarily to its conflict with the
development plan strategy for the area. Barton is not a settlement earmarked
for significant development. The Framework indicates that the planning system
should be genuinely plan-led. There would also be some limited harm to the
character and appearance of the area, noting that the Framework recognises
the intrinsic character and beauty of the countryside.
59. In terms of benefits, the provision of new housing would bring construction and
supply chain jobs, places for the economically active to live, increased local
spend and greater choice in the local market. These benefits have not been
quantified and would apply to any housing development of this scale but are
still considerable.
60. A number of affordable homes are to be provided in Barton through existing
permissions. The assessments of affordable housing need through the SHMA
and CLHS have not been tested. However, it is likely that Preston’s overall
affordable needs are substantial14 and the evidence indicates that delivery is
not keeping up with the need. The new affordable dwellings would provide
homes for real people in real need.
61. The proposal would boost the supply of housing in a situation where there is no
five-year supply and an under-provision of affordable housing and, as a result,
I attach moderate weight to the economic benefits and significant weight to the
social benefits. In attributing weight to these benefits, I recognise that the
Council’s performance against the housing delivery test between 2017 and
2020 has been excellent, reflecting the upward curve in housebuilding in the
City in recent years. However, supply still falls below five years, albeit
marginally.
62. Despite the misgivings of the Parish Council, the community building has the
potential to bring some social benefits in terms of community cohesion, health,
and well-being. Whilst the precise end use is unclear, I attach moderate
weight to these benefits.
63. The provision of open space and its ongoing management and maintenance
and the contributions to school places, sustainable transport and the travel
plan are neutral considerations because they are needed to make the
development acceptable. I also consider that the impact on living conditions is
a neutral factor taking into account the matters set out in paragraph 50.
64. The site is predominantly improved grassland but has some biodiversity value
due to the existing ponds, stream, ditches, tree cover, scrub, and hedgerows
that lie within, or on the edge of, the site. There would be scope to retain
some of these features and introduce additional planting and other ecological
gains. But existing wildlife would be disturbed. Biodiversity matters weigh
neutrally in the planning balance.
65. Although Barton has limited facilities reflecting its lowly position in the
settlement hierarchy, there are two primary schools and a few eating and
drinking establishments in the village, a regular bus service along the A6
linking Barton to Preston, Garstang and Broughton, and a secondary school and
convenience stores in the latter some 2 km to the south. The private vehicle
would be used for most journeys but alternatives exist and journeys to access
services would not be long. Despite its development plan status as a small
village, there have been a number of housing allocations and permissions in
recent years. The locational and accessibility policies set out in the Framework
are a neutral consideration in this case.
66. There is conflict with Policy 1 of the CLCS and Policies AD1 (b) and EN1 of the
PLP and the development plan overall. However, because there is a need to
14 Assessed in the SHMA as around 240 dpa and in the CLHS as upwards of 250 dpa
breach the settlement boundaries to provide enough housing land, Policies AD1
(b) and EN1 are out-of-date and should be afforded moderate not full weight.
In terms of Policy 1, the overall strategy is consistent with the Framework in
concentrating development in the most sustainable locations. However,
because of the link between Part (f) of the policy and Policies AD1 (b) and EN1,
I attribute significant but not full weight to the policy. There is no breach of
Policy 4 of the CLCS in that the development will assist in meeting the housing
requirement and has the potential to contribute to five-year supply.
67. Policy MP of the CLCS and Policy V1 of the PLP were also raised in evidence and
discussed at the inquiry. However, these polices are not consistent with
paragraph 11 of the Framework as they reflect the wording of the 2012
version. They are not amongst the most important policies for determining the
appeal. Indeed, PPG now advises that there is no need for a local plan to
directly replicate the presumption in favour of sustainable development in
policy. Moreover, these policies would make no difference to the outcome of
this appeal.
68. The adverse impacts of the proposed development relating to the conflict with
the development strategy and effects on character and appearance would not
significantly and demonstrably outweigh the considerable economic and
significant social benefits.
69. Material considerations, including the reduced weight that I give to the most
important policies for deciding the appeal, indicate that the proposal should be
determined other than in accordance with the development plan. I note, in
coming to this conclusion, that it reflects the Council’s position in circumstances
where it is considered that a five-year supply cannot be demonstrated.
Conditions
70. I have considered the conditions put forward by the main parties against the
advice within the Framework and PPG. I have amended the wording of some
conditions as necessary so that they meet the relevant tests.
71. A condition requiring the submission of reserved matters is necessary to ensure
that the layout, scale, and design are acceptable. I have imposed a condition
relating to the approved plans and limiting the development to no more than
151 dwellings for certainty and because the proposal has been assessed on the
basis of the stated numbers. Further details of the access are also required
together with a programme of implementation but I have combined those put
forward by the parties for clarity.
72. Alongside the reserved matters, ground levels, tree retention and protection,
landscape and habitat management, and updated protected species surveys
should be submitted so that the development takes into account these matters.
The community building may accommodate some noisy uses so it should be
designed to incorporate mitigation measures which should be secured by
condition.
73. Pre-commencement conditions, other than those related to the reserved
matters, are needed for the protection of amphibians and badgers, energy
efficiency, site investigation, archaeological work, sustainable drainage,
construction management and employment skills, to ensure a sustainable
development which complies with relevant development plan policies and
supporting guidance. These conditions need to be discharged pre-construction
as they are matters that require investigation or need to be in place before
works commence; or are details that will affect the layout and design.
74. A condition requiring maintenance of streets pending adoption is needed to
ensure an orderly development. However, the details do not need to be agreed
pre-commencement, rather before the streets come into use. Conditions
requiring details of lighting, electric charging points and a Travel Plan are
required to protect the environment and promote sustainable transport modes.
Nesting birds should be protected by condition for biodiversity reasons.
Conclusion
75. For the above reasons the appeal is allowed, subject to conditions.
Mark Dakeyne
INSPECTOR
Attached
Annex A - Schedule of Conditions
Annex B - Appearances
Annex C - Inquiry Documents
ANNEX A - SCHEDULE OF CONDITIONS
Reserved Matters, Time Limits and Plans
1) Details of the access, (based on, but not restricted to Drawing No:
SCP/18205/SK05 Rev A), appearance, landscaping, layout and scale,
(hereinafter called “the reserved matters”) shall be submitted to, and
approved in writing by, the local planning authority before any
development takes place and the development shall be carried out as
approved.
2) Application for approval of the reserved matters shall be made to the
local planning authority not later than 3 years from the date of this
permission.
3) The development hereby permitted shall take place not later than 2 years
from the date of approval of the last of the reserved matters to be
approved.
4) The development hereby permitted shall be limited to no more than 151
dwellings and shall be carried out in accordance with the following
approved plans:
16-154 LP01 – Location Plan
SCP/18205/SK05 Rev A – Site access proposed ghost island arrangement
Details to accompany reserved matters
5) The details of the new site access junction to Garstang Road required
under condition 1 shall include the provision of a pedestrian refuge north
of the junction, the upgrade of the northbound bus stop in the vicinity of
no. 709 Garstang Road to full mobility standard with shelter, and a
programme for implementation of the new access, pedestrian refuge,
upgraded bus stop and an initial section of the estate road within the
development (constructed to at least base course level). The
development shall be carried out in accordance with the approved details
and programme.
6) Any application for approval of reserved matters for layout, scale and/or
design shall be accompanied by full details of existing and proposed
ground levels and proposed building finish floor levels (all relative to
ground levels adjoining the site). The development shall only be carried
out in accordance with the approved details.
7) Any application for approval of reserved matters for layout, scale and/or
design for the community building hereby approved shall incorporate
noise mitigation measures derived from a noise assessment which shall
consider the relationship of the community building with nearby
residential uses. The development shall be carried out in accordance with
the approved noise mitigation measures.
8) Any application for approval of reserved matters for layout shall include
an Arboricultural Impact Assessment and Tree Constraints Plan detailing
existing trees and hedges to be retained and those to be removed.
The Assessment and Plan shall also detail protection measures for trees,
shrubs and hedges identified as being retained. The development shall
be carried out in accordance with the approved details.
9) Any application for approval of reserved matters for landscaping shall
include details of a Landscape/Habitat Management Plan to include long-
term design objectives, timings of works, habitat creation and
enhancement, and management responsibilities and maintenance
schedules for all landscaped areas (other than privately-owned domestic
gardens). The requirements of the Landscape/Habitat Management Plan
shall be informed by the submitted Extended Phase 1 Habitat Survey
Rev. A dated 2018 and the recommended measures shall be carried out
in accordance with the approved Plan.
10) Any application for approval of reserved matters for landscaping shall
include an updated survey to demonstrate that all trees have been re-
surveyed for the presence of bats/bat roosts. Any mitigation measures
identified as being necessary during the survey work shall be
implemented in accordance with a scheme that has first been submitted
to, and approved in writing by, the local planning authority.
Pre-commencement conditions
11) Prior to commencement of the development hereby approved a method
statement outlining preventative measures (Reasonable Avoidance
Measures) to ensure protection of amphibians shall have been submitted
to, and approved in writing by, the local planning authority. The
approved method statement shall then be adhered to throughout the
construction phase.
12) Prior to the commencement of the development hereby approved, a
scheme shall be submitted to, and approved in writing by, the local
planning authority to demonstrate that all dwellings shall achieve not less
than a 19% improvement in the Dwelling Emission Rate over the Target
Emission Rate as defined in Part L1A of the 2013 Building Regulations.
The development shall thereafter be carried out in accordance with the
approved scheme.
13) Further to the recommendations of the Phase 1 Geo-Environmental Desk
Study Report Ref: 18079/GEDS dated May 2018, an intrusive Phase II
Site Investigation shall be undertaken and submitted to the local planning
authority for verification prior to the commencement of any development
on site. In the event that remediation is required, a Method Statement
and Remediation Strategy shall be submitted to, and approved in writing
by, the local planning authority prior to the commencement of any
development. Thereafter the development shall be carried out in
accordance with the approved details.
14) Prior to commencement of the development hereby approved (including
clearance of site vegetation), an updated survey for the presence of
badgers (together with proposals for mitigation/compensation, if
required) shall be undertaken, submitted to, and approved in writing by,
the local planning authority. Any necessary and approved measures for
the protection of badgers shall thereafter be implemented.
15) No development shall take place until a programme of archaeological
work and a Written Scheme of Investigation (WSI) has been submitted
to, and approved in writing by, the local planning authority. The WSI
shall include a mitigation strategy detailing the excavation/preservation
strategy where appropriate and a timetable for the carrying out of this
work. The development shall be carried out in accordance with the
approved scheme.
16) No development shall commence until details of the design and means of
implementation of a sustainable surface water drainage scheme have
been submitted to, and approved in writing by, the local planning
authority. Those details shall include:
a) A sustainable drainage layout plan appropriately labelled to include all
pipe/structure references, dimensions, design levels, finished floor levels
in AOD with adjacent ground levels;
b) Proposed ground levels along the boundaries with nos. 620-630, 654-
666 Garstang Road, nos. 18, 20 & 22 Woodlands Crescent, and nos. 22
and 23 Woodlands Way;
c) The drainage scheme shall be in accordance with the principles of the
Betts Hydro Flood Risk Assessment & Drainage Management Strategy
Ref: HYD345_CARDWELL.FARM_FRA&DMS Revision 1.0 dated 17 June
2019 and demonstrate that the surface water run-off shall not exceed the
pre-development greenfield runoff rate. No surface water shall be
permitted to drain directly or indirectly into the public sewer. Any
variation to the discharge of foul water shall be agreed in writing by the
local planning authority prior to the commencement of the development.
The scheme shall subsequently be implemented in accordance with the
approved details before the development is completed;
d) Sustainable drainage flow calculations (1 in 1, 1 in 2, 1 in 30 and 1 in
100 + climate change);
e) A plan identifying areas contributing to the drainage network;
f) Measures taken to prevent flooding and pollution of the receiving
groundwater and/or surface waters, including watercourses;
g) A plan to show overland flow routes and flood water exceedance
routes and flood extents;
h) Evidence of an assessment of the site conditions to include site
investigation and test results to confirm infiltrations rates;
i) Breakdown of attenuation volume in pipes, manholes and attenuation
ponds; and,
j) Details of an appropriate management and maintenance plan for the
sustainable drainage system for the lifetime of the development. This
shall include arrangements for adoption by an appropriate public body or
statutory undertaker or management and maintenance by a Management
Company and any means of access for maintenance and easements,
where applicable.
The scheme shall be implemented in accordance with the approved
details prior to first occupation of any of the approved dwellings.
Thereafter the drainage system shall be retained, managed, and
maintained in accordance with the approved details.
17) Prior to commencement of the development hereby approved a
construction and environmental management plan (CEMP) shall be
submitted to, and approved in writing by, the local planning authority.
The CEMP shall provide for:
(i) the means of highway access and parking for construction vehicles,
plant and construction workers' vehicles and sustainable travel methods
for construction workers;
(ii) loading and unloading of plant and materials;
(iii) storage of plant and materials used in constructing the development;
(iv) storage, disposal and removal of spoil and waste arising out of the
construction works;
(v) hours of working and access;
(vi) site security arrangements, including hoardings and other means of
enclosure;
(vii) piling methods, if used;
(viii) wheel cleaning facilities;
(ix) measures to control the emission of dust and dirt during
construction;
(x) measures to control the emission of noise; and,
(xi) appointment of a Construction Liaison Officer with contact details.
The approved CEMP shall be adhered to throughout the construction
period.
18) Prior to the commencement of the development hereby approved, an
Employment and Skills Plan that is tailored to the development and that
sets out the employment and skills training opportunities for the
construction phase of the development, shall be submitted to, and
approved in writing by, the local planning authority. Thereafter the
development shall be carried out in accordance with the approved
Employment and Skills Plan.
Pre-occupation and construction stage conditions
19) Prior to first occupation of any part of the development hereby permitted,
details of a programme for the provision of streets within the
development and arrangements for their management and maintenance
shall be submitted to, and approved in writing by, the local planning
authority. The streets shall thereafter be provided, managed, and
maintained in accordance with the approved details until such time as an
agreement has been entered into under Section 38 of the Highways Act
1980 or a private management and maintenance company has been
established.
20) Prior to first occupation of any part of the development hereby approved,
an external lighting scheme for public areas shall be submitted to, and
agreed in writing by, the local planning authority. The scheme shall
include luminance levels and shall demonstrate how any proposed
external lighting has been designed and located to avoid excessive light
spill/pollution in relation to important wildlife habitats. External lighting
in public areas shall only be installed in accordance with the approved
scheme and shall thereafter be retained as approved. No additional
external lighting outside the curtilage of dwellings shall be installed
without prior written consent from the local planning authority.
21) Prior to its occupation, each dwelling shall be provided with an electric
vehicle charging point in accordance with details that have been
submitted to, and approved in writing by, the local planning authority.
The electric vehicle charging points shall be retained for that purpose
thereafter.
22) No more than 50 dwellings shall be occupied until a Travel Plan has been
submitted to, and approved in writing by, the local planning authority.
The provisions of the Travel Plan shall be implemented and operated in
accordance with the timetable contained therein.
23) There shall be no tree felling, vegetation clearance works, or other works
that may affect nesting birds between March and August inclusive, unless
the absence of nesting birds has been confirmed by further surveys or
inspections that have first been submitted to, and approved in writing by,
the local planning authority. Anti-bird netting shall not be placed over
trees, hedgerows, or other vegetation within the site at any time.
ANNEX B - APPEARANCES
FOR THE LOCAL PLANNING AUTHORITY:
Martin Carter of Counsel Instructed by Karen Parminter, Assistant
Director, City Solicitor and Monitoring Officer
He called
Chris Blackburn BSc MSc Planning Policy Team Leader
MRTPI
Robert Major BSc MSc Principal Planning Officer
MRTPI
FOR THE APPELLANT:
Vincent Fraser of Queens Instructed by Stephen Harris, Emery Planning
Counsel
He called
Ben Pycroft BA (Hons) Director, Emery Planning
Dip TP MRTPI
Stephen Harris BSc (Hons)
Director, Emery Planning
MRTPI
INTERESTED PERSONS:
John Parker Barton Parish Councillor
Susan Fox
ANNEX C - INQUIRY DOCUMENTS
The Council’s dedicated web page sets out the Core Documents and other
documents submitted before the inquiry, numbered A1 to Q3:
https://www.preston.gov.uk/cardwellinquiry
In addition, the following documents were submitted at the inquiry. These are also
available on the above web page:
R1 Appellant’s opening statement
R2 Council’s opening statement
R3 Solo Retail v Torridge District Council [2019] EWHC 489 (Admin) submitted
by the Council
R4 Gladmans Developments Limited v SoS for HCLG [2021] EWCA Civ 104
submitted by the Council
R5 Statement from John Parker, representing Barton Parish Council
R6 Statement from Susan Fox
R7 Appeal decision ref: APP/N2345/A/13/2192362 dated 13 August 2013
relating to land off Forest Grove, Barton submitted by the Council
R8 Preston Local Plan 2012-2026 Policies Map Key submitted by the Council
R9 E-mail from Barton Parish Council to the appellant dated 12 April 2018
submitted by the appellant
R10 E-mail from Barton Parish Council to the appellant dated 20 June 2018
submitted by the appellant
R11 E-mail from Barton Parish Council to the appellant dated 21 June 2018
submitted by the appellant
R12 Central Lancashire Employment Skills Supplementary Planning Document
(September 2017) submitted by the Council
R13 E-mails between the Council and appellant agreeing to a change in the
description of development submitted by the Council
R14 Council’s closing statement
R15 Appellant’s closing statement