LUCY CARPENTER- PLANNING CONSULTANT, BA HONS MRTPI.
PLANNING SUPPORTING STATEMENT INCORPORATING
DESIGN AND ACCESS AND TRANSPORT STATEMENT.
FULL APPLICATION FOR ERECTION OF 1 DETACHED FARMHOUSE INCORPORATING FARM OFFICE AND WELFARE FACILITIES, TO REPLACE EXISTING STRAW STORE BUILDING.
FARMYARD AT ‘LODGE FARM’, BARDFIELD END GREEN, THAXTED,
DUNMOW, ESSEX,CM6 3PZ.
Applicants: DAVID MAGNESS FARMS LTD.
Architects: Donald Purkiss & Associates Architects.
Prepared by: Lucy Carpenter, Planning Consultant.
‘THE MANSE’, 27 BEAR STREET, NAYLAND, COLCHESTER, ESSEX, CO6 4HX.
TEL: 01206 263835 MOBILE: 07850 929075
E MAIL: [email protected].
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1.0 INTRODUCTION.
1.01 This full application relates to ‘Lodge Farm’, a farmyard site between Thaxted and Great Bardfield. It comprises a range of Victorian barns of historic interest that have a number of modern barns attached to and adjacent to them, the majority of which are in active use as the main farmstead for David Magness Farms Ltd.
1.02 The farming enterprise is a family business tending to 1100 acres in the Thaxted and Debden Green area. Mr Magness Senior is set to retire in the existing farmhouse, and Thomas Magness will take over the running of the farms. Lodge Farm is the current base for the farming operations around Thaxted and Lodge Farm serves as the main yard for the whole farming business. However, there is no farmhouse here or elsewhere that is owned by the business for Thomas Magness to reside in. Thomas and the other agricultural workers must travel to Lodge Farm each day, where there are no welfare facilities.
1.03 A farmhouse on the Lodge Farm site would meets the business needs, being located centrally within the farmland it serves, adjacent to existing farm buildings where machinery etc is stored; it would provide on site supervision of the livestock; a farm office and welfare facilities for farm workers, where there is currently none; supervision of the valuable machinery and equipment stored in the barns; and Thomas Magness would no longer need to travel to work.
1.04 The recently introduced cattle herd, pigs and turkeys at Lodge Farm restore livestock to the farm for the first time since the foot and mouth pandemic in 2001 when the cattle herd was disbanded. This new beef and meat production supplies a local butchers business, operated by a member of the family, leading to farm diversification and a sustainable food supply business, supporting a prosperous rural economy as encouraged in the NPPF.
1.05 The siting of the modest, well-designed farmhouse would replace an existing straw barn. There will be a significant reduction in footprint and built form as a result, and this would have benefits to the rural character of the area and the setting of the historic farmstead. There would also be enhancement though the additional native species planting proposed.
1.06 This statement of case will demonstrate that the development meets all three strands of sustainability, as set out in the NPPF. It will also provide a valuable additional house, purposefully designed to accord with the characteristics of the site and its surroundings, serving the farmland that surrounds it. In assessing the proposal and
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applying the planning balance and the presumption in favour of sustainable development for decision-making, I conclude that planning permission should be granted.
2.0 SITE DESCRIPTION AND THE SURROUNDINGS.
General Context.
2.01 The site is located in the Parish of Thaxted in the hamlet of Bardfield End Green. It is situated midway between Thaxted to the west and Little Bardfield to the east. Travelling eastwards out of Thaxted, along Bardfield Road, there are groups of frontage houses, and then scattered farmsteads, interspersed with fields in agricultural production. After approximately 1 kilometre, Bardfield End Green can be found on the south-western side of the road. This comprises a small group of houses set back behind a village green that is used by Thaxted Cricket Club, and there is a timber club house. The housing is mainly traditional, with some listed buildings, predominantly two storey, with rendered elevations under clay tiled and thatched roofs.
2.02 Just after the green continuing eastwards open fields bordered by hedges front either side of the road before a small group of semi-detached houses is reached, situated on the southern side of the road. These are former farm worker cottages, rendered and tiled, of no particular architectural merit. Immediately after this group is a long, straight private road heading due south, that terminates at Lodge Farm farmyard. Agricultural fields lie either side of the drive, with some hedgerow and trees on its eastern side. The western side is open.
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2.03 Before the farmyard is reached there is a detached dwelling on the western side of the access, set in a large square garden bounded on its northern and western sides by agricultural fields. This was originally constructed in 1956 as a hostel incorporating a study centre for the Bachad Fellowship. It was then converted to a single dwelling, known as ‘The Lodge’. It is under separate ownership to Lodge Farm and the applicant.
2.04 The track terminates at the farmyard, that is in active use and is proposed to remain as such. There is a conglomeration of buildings forming a large rectangle in front of the end of the access, some further buildings to the east of this, and the application site, comprising the straw barn, to the west.
2.05 Just north of the straw barn, between it and ‘The Lodge’, is a small area of enclosed land that is disused and forming its western boundary with the field there is a pond. The photographs below show this land, that is enclosed with trees and hedges apart from the eastern side that abuts the drive/farmyard. It has recently been fenced off for the cattle herd.
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2.06 The application site lies to the south of this area, behind the row of trees on the left hand side in the left hand photograph above, and the right hand side in the second photograph.
2.07 A public footpath runs around the western boundary of the application site and the pond, and the eastern side of the field, travelling northwards to Bardfield End Green. In the opposite direction it leads to Holder’s Green. There is some vegetation in the form of trees and hedgerows, in part screening the straw barn and parcel of land from the footpath.
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2.08 The main conglomeration of buildings includes an attractive range of red brick Victorian red brick barns. These were built at some time between 1844 and 1876, according to the historic mapping. They have slate roofs and are laid out in an E shaped courtyard plan, typical of a 19 century lowland mixed farm. Open fronted shelter sheds face onto the central open cattle yards enclosed on the eastern side by the threshing barn, granary and barns for storing straw, straw, root crops and machinery. The stables were situated in the northernmost barn. The photographs below show the Victorian barns, and the more modern attachments in some places masking the attractive barns. Despite this, the original structures remain intact and in active farming use.
2.09 To the east of the main barns is a corrugated sheeting range of barns, some of which are open fronted.
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2.10 To the opposite side, western side of the main range is the application site. This comprises a very large open fronted straw barn constructed of a steel frame with asbestos sheeting. This is on the siting of the former farmhouse that was demolished at some time in the 1960’s. The footings of the house are still evident in the barn.
The barn viewed from the public footpath.
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2.11 To the south of the straw barn is a hardened storage area for farming equipment and materials. Thereafter there is open agricultural land. The site is relatively flat and free from constraints.
3.0 SITE HISTORY AND THE PROPOSALS.
Site History.
3.01 A separate history document accompanies the application. It sets out in detail the history of the overall site and the farming area. In summary it is evident that ‘Lodge Farm’ was originally part of the largest park owned by the manor of Thaxted. The purpose of these parks was to preserve the wood and the hunting animals for the manor.
3.02 The Great Park can be traced back to 1393, and the first known reference to a lodge within the park comes from the bailiffs accounts of 1380-81. Given its position in the centre of the park, it is likely that this lodge was on the site of the farmyard at Lodge Farm. It would have provided a central base for parkers to conduct the running of the park with straw and wood stores.
3.03 Lodge Farm and other property/land was sold to Guy’s Hospital in London in 1737. A map of this time shows the outline of buildings and ponds on Lodge Farmyard including on the application site, where a building stood surrounded by a moat, now a ditch. The 1844 map shows a farmhouse again on the application site, but with no moat, and a different range of farm buildings adjacent to those currently on site.
3.04 The 1876 map shows the Victorian barns evident today. It also shows the farmhouse footprint, almost identical to that shown on the 1844 map, and it is surrounded by gardens with an orchard to the south and circular swing drive on the northern side.
3.05 Lodge Farm with the Victorian red brick barns were sold in 1944 to Bachad Fellowship, a Zionist group led by Arieh Handler who were responsible for saving the lives of many Jews persecuted by the Nazis. At Lodge Farm they established the Bachad Farm Institute, a hachsharah farm offering training in agriculture, engineering, home economics, Hebrew and Jewish religious studies to some of the thousands of young Jewish refugees and survivors of the concentration camps, including some of the Windermere boys and a child given refuge by Oscar Schinder. The farm provided rehabilitation, opportunity and a course of direction for many. Some of the Hebrew writing is still in evidence on the walls in the Victorian barns.
3.06 The farm was restored by the Bachad, modernising the Victorian barns, building new sheds, draining fields, establishing a dairy herd. Students and staff were accommodated in the old farmhouse, farm cottages and wooden huts, the latter also
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housed the dining room and synagogue. In 1956 planning permission was granted under reference DUN/0182/56 for a new hostel incorporating a study centre. This is the present house, ‘The Lodge’.
3.07 With an end to the British mandate of Palestine and the success of organisations such as Bachad in encouraging mass immigration to Israel, by the late 1950’s the farm was struggling to attract enough Jewish staff and students to make it viable and consequently it was put up for sale in 1962.
3.08 The site was purchased by the Church Commissioner and at some time between 1962 and 1972 the old farmhouse, situated on the application site was demolished. It is not known why. It is known from records that the farmhouse was constructed of brick and slate. The rear annex was painted red brick. It was clearly incrementally added to over the years, the front being a later Georgian addition and the whole encased in yellow stock brick.
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3.09 The farm was sold to the David Magness family in 1972. ‘The Lodge’ was sold off separately and remains in separate ownership. The current straw barn that is evident on the application site was built in the mid 1970’s.
3.10 Planning permission was granted for a farm manager’s dwelling in 1974 under reference UTT/0559/74 but this was never built.
Farming Background and Farming Case.
3.11 David Magness Farms Ltd owns and farms 1,100 acres in Thaxted and Debden Green with 530 acres situated at Lodge Farm. The land use is comprised of arable, countryside stewardship and woodland. The company employs 3 full time, 1 part time and 1 seasonal worker. The large farming business produces approximately 2,500 tonnes of combinable crops per year which includes Wheat, Barley, Oats, Oilseed Rape and Beans. Defra recorded in 2018 that the average farm size for the East of England was 291 acres so David Magness farms is large by comparison and is a significant food producer in the local area. The 530 acres at Lodge farm comprises of 30 acres of woodland, and 500 acres of grazing, arable and environmental stewardship. Approximately 10% of the total farmed area is in voluntary environmental management which includes wildflower meadows and bird covers. Formerly there was a cattle herd based at Lodge Farm, but this was lost in 2001 in the outbreak of foot and mouth.
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3.12 At Lodge Farm the applicants have recently re-established the cattle herd, rear 100 turkeys for sale a Christmas, and use the 30 acres of woodland to rear traditional breed Essex pigs and game. This has facilitated a more sustainable farming system to run in conjunction with the large arable business. The meat supplies a local butcher’s shop, that a member of the family has an active interest in. Hence it will form part of and support a sustainable enterprise.
3.13 Currently Lodge Farm is the main base of the 1,100 acre farming business, having the majority of the farm buildings which includes 800 tonnes of long term and 200 tonnes of short term crop storage. Storage for 225t of fertiliser, 9500L of fuel and various agri crop chemicals. The farm workshop is here and this is where the machinery is stored which has a combined estimated value of £900,000. At the end of the driveway there are 2 farm workers cottages that are resided in by a current and a retired farm worker. The farming day always starts from the Lodge Farm base.
3.14 Despite some of the barns being Victorian, they are unusual in that they form large internal spaces with high roofs rendering them useable for machinery and other farming purposes. The more modern buildings and appendages serve to store the larger machinery and equipment.
3.15 The straw barn, proposed to be demolished for the dwelling is not well used, and the straw storage that will be displaced can be accommodated within the existing barns.
3.16 David Magness Farms Ltd currently has 1 farmhouse and that is at Debden Green. It is resided in by Mr. Magness senior, who at some stage in the next 24 months will retire, remaining in the farmhouse. His son, Thomas, will extend his current role in the
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farming business to eventually take the business over completely, and currently resides in Debden Green, 4.5 miles away from Lodge Farm.
3.17 There is a need for Thomas Magness to have a long-term family home and there is a functional need for this to be based at Lodge Farm. The farm workers cottages are based at the end of the driveway, and so presently there is no on-site presence for security, and surveillance. With the livestock re-introduced there is a further requirement to be on site for animal welfare purposes.
3.18 The plan below shows the land farmed by the applicant and the location of Lodge Farm in red. It demonstrates the central location of Lodge Farm in relation to the land it serves, and the operational advantages this affords.
The Proposals.
3.19 The application is in full and it proposes the demolition of the existing open fronted straw barn, and the erection of a detached farmhouse. It overlaps the barn footprint, and is orientated east to west across the site, with access and car parking on its northern side.
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3.20 It is traditionally designed with Essex vernacular principles; narrow spans, steeply pitched roofs, projecting wings to break down the scale and bulk, and design features such as a chimney and a porch. The front elevation, facing north, has two projecting gables with a central section that has a low eaves line with exposed rafter feet. The porch is off set in this central section, forward of which the wings either side project. The wings are not full two storey height, with first floor accommodation extending into the roof space in part.
3.21 The windows are traditional sashes and casements, all constructed of painted timber. The front (north) elevation is in brickwork to match the existing brick barns. The other elevations are rendered above a brick plinth in soft red bricks. To the eastern side is an inset single storey off-shoot, in oak weatherboarding. To the opposite side there is a low, narrow spanned two storey gable, creating a bay window with doors feature at ground floor. This affords views over the countryside to the west.
3.22 The rear elevation displays the same high quality of design, the central section glazed at ground floor with well-proportioned dormer windows above.
3.23 The curtilage reflects that of the existing straw barn and it will be defined with a new native species hedgerow and trees. The garden will extend to all sides of the dwelling.
3.24 There is no garaging proposed, but there is ample space within the site for parking 3 cars as well as space for them to turn around.
3.25 Internally the accommodation comprises a kitchen/dining room, a WC, a sitting room, utility room, an office and a further reception room. On the first floor there are 4 bedrooms and 1 bathroom and 2 ensuite shower rooms. The office will be the main farm office. The downstairs outside toilet will cater for staff and visitors, as there are currently no toilet facilities at the farmyard.
3.26 The farming case for the dwelling is set out in paragraphs 3.11-3.18 of this statement. It is also pertinent to note that there is a desire by the Magness family and the UK Holocaust Memorial Foundation to create a community museum in the barns at Lodge Farm in relation to the Bachad Farming Institute. In the past few years there have been a number of tours of the barns given by the Magnesses to local history groups and published works authors. There is a desire to increase this exposure.
4.0 APPLICABLE POLICIES.
4.01 The relevant policies can be found in the Uttlesford District Plan. Within the Plan the site is shown as falling within the Rural Area and outside the Conservation Area. There are no listed buildings in the vicinity of the site. Various Policies of the Local Plan are
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Saved provided they are in compliance with the advice contained in the NPPF. Where they are not, the NPPF takes precedence.
The Revised National Planning Policy Framework, 2019.
4.02 The Revised National Planning Policy Framework sets out the presumption in favour of sustainable development, and the objective of sustainable development is to meet the needs of the present without compromising the ability of future generations to meet their own needs.
4.03 Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways as follows:
An economic objective – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;
A social objective– supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible local services and open spaces that reflect the current and future needs and support community’s health, social and cultural well-being; and
An environmental objective– contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
4.04 Paragraph 11 states that plans and decisions should apply a presumption in favour of sustainable development. For decision making this means approving development proposals that accord with an up-to-date development plan without delay or where there are no relevant plan policies, or the policies which are most important for determining the application are out of date, granting permission unless:
i) the application of policies in the Framework that protect areas or assets of particular importance provide a clear reason for refusing the development proposed: or
ii) 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.
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4.05 Paragraph 117 discusses the need to make effective use of land. This includes the promotion and support of under-utilised land and buildings, and to use available sites more effective
4.06 Section 12 deals with achieving well-designed places. Planning policies and decisions should function well and add to the overall quality of the area; be visually attractive as a result of good architecture, layout and appropriate and effective landscaping; are sympathetic to local character and history; establish a strong sense of place, using the arrangement of building types and materials to create attractive, welcoming and distinctive places to live, work and visit; optimize the potential of the site; and create places with a high standard of amenity.
4.07 The NPPF in paragraph 68 supports development on small and medium sites that can make an important contribution to meeting the housing requirement of an area and are often built out relatively quickly.
4.08 With regard to sustainable development in rural areas, paragraph 78 states that housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village near- by.
4.09 The following paragraph discusses agricultural worker’s dwellings. It says that planning policies should avoid the development of isolated homes in the countryside unless one of a list of criteria applies including:
a) there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside.
4.10 Chapter 6 of the NPPF discusses the building of a strong and competitive economy, including supporting a prosperous rural economy. Planning policies and decisions should enable the sustainable growth and expansion of all types of businesses in rural areas; the diversification of businesses; sites to meet such needs may have to be found adjacent to or beyond existing settlements.
NPPF Practice Notes.
Rural Housing.
4.11 This states that a thriving rural community in a living, working countryside depends in part, on retaining local services such as schools, shops and bus services. Rural housing, it continues, is essential to ensure viable use of these facilities. All settlements are
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expected to play a role in delivering sustainable development in rural areas, so blanket policies restricting housing development in some settlements and preventing other settlements from expanding should be avoided unless their use can be supported by robust evidence.
4.12 This planning practice guidance also discusses paragraph 79 as follows:
‘Considerations that it may be relevant to take into account when applying paragraph 79a of the NPPF could include: • evidence of the necessity for a rural worker to live at, or in close proximity to, their place of work to ensure the effective operation of an agricultural, forestry or similar land-based rural enterprise (for instance, where farm animals or agricultural processes require on-site attention 24-hours a day and where otherwise there would be a risk to human or animal health or from crime, or to deal quickly with emergencies that could cause serious loss of crops or products); • the degree to which there is confidence that the enterprise will remain viable for the foreseeable future; • whether the provision of an additional dwelling on site is essential for the continued viability of a farming business through the farm succession process; • whether the need could be met through improvements to existing accommodation on the site, providing such improvements are appropriate taking into account their scale, appearance and the local context; and • in the case of new enterprises, whether it is appropriate to consider granting permission for a temporary dwelling for a trial period….’
Saved Local Planning Policies. 4.13 Policy S7 states that the countryside will be protected for its own sake and planning permission will only be granted for development that needs to take place there or is appropriate to a rural area. This includes infilling in accordance with paragraph 6.13 of the Housing Chapter of the Plan. There will be strict control on new building. Development will only be permitted if its appearance protects or enhances the particular character of the part of the countryside within which it is set or there are special reasons why the development in the form proposed needs to be there.
4.14 Paragraphs 6.13 and 6.14 mooted above are entitled ‘Infilling’. It states that infilling will be permitted within settlements subject to safeguards. If there are opportunities for sensitive infilling of small gaps in small groups of houses outside development limits but close to settlements, these will be acceptable if development would be in character with the surroundings and have a limited impact on the countryside in the context of existing development.
4.15 Policy GEN1 entitled ‘Access’ states that development will only be permitted if a number of listed criteria are met. These include suitable access to the main road network; there being no compromise to highway safety; suitability to meet the needs
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of disabled people, and encouragement of movement by means other than driving a car. 4.16 Policy GEN2 dealing with design is a standard policy containing design criteria. New development must be compatible with the scale, form and layout of surrounding buildings; important environmental features must be safeguarded; there must not be any material effect on the reasonable occupation of surrounding residential properties; and various other criteria. 4.17 Policy GEN7 discusses nature conservation. Development that would have a harmful effect on wildlife will not be permitted unless the need outweighs the importance of the feature to nature conservation. 4.18 Policy GEN8 deals with car parking standards. Development will not be permitted unless the number, design and layout of vehicle parking places proposed are appropriate for the location.
4.19 Policy H12 specifically relates to agricultural workers dwellings. New dwellings or the conversion of existing buildings for agricultural workers may be permitted if both the following criteria are met:
a) It can be demonstrated that there is an essential need for someone to live permanently on site to provide essential care to animals or processes or property at short notice.
b) The scale of the proposed dwelling (s) relates to the needs of the agricultural enterprise.
In these exceptional circumstances, residential occupancy conditions will be imposed.
4.20 In addition to the above there is the Thaxted Neighbourhood Plan. However, this Plan was made in February 2019 so is over 2 years old. Therefore, it cannot benefit from the protections set out in paragraph 14 of the NPPF. As a result the Council, in determining an application, would need to balance the conflict with the Plans against the lack of a 5 year housing supply.
4.21 Furthermore, Policy TX LSC4 of the Neighbourhood Plan allows for the ‘appropriate development proposals for residential extensions, replacement of existing dwellings or undeveloped infill sites between existing dwellings and for the re-use of existing commercial sites and conversion of existing buildings for commercial use shall be supported’ in Bardfield End Green amongst other settlements. All such development should have regard to the setting and significance of heritage assets and the character and appearance of the landscape.
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5.0 PLANNING CONSIDERATIONS.
5.01 The relevant planning considerations can be summarised as follows:
i) The principle of the development.
ii) The NPPF sustainability criteria, social and economic.
iii) The impact on the rural character of the area; the environmental strand of sustainability.
iv) The planning balance and the presumption in favour of sustainable development for decision-making.
v) Other planning considerations.
i) The principle of the development.
5.02 The site lies outside the development limits for Thaxted and therefore falls within the Rural Area. In such areas Policy S7 protects the countryside for its own sake, and development will only be permitted if it needs to take place there or is otherwise appropriate.
5.03 Paragraph 6.13 of the Plan states that there is no specific policy on infilling outside development limits and any infill proposals will be considered in the context of Policy S7. It goes on to say in the following paragraph that if there are opportunities for sensitive infilling of small gaps in small groups of houses outside development limits but close to settlements, these will be acceptable if the development would be in character with the surroundings and have a limited impact on the countryside in the context of existing development. Both of these issues are discussed in detail in the following section of this statement.
5.04 A review of the Council’s adopted policies and their compatibility with the NPPF was carried out by Ann Skippers Planning. Policy S7 was found to be partly consistent with the NPPF, and I consider the same would be the case with the Revised NPPF. The protection and enhancement of the natural environment was found to be an important part of the environmental dimension of sustainable development, but the NPPF takes a positive approach, rather than a protective one to appropriate development in rural areas. Policy S7 strictly controls new building whereas the NPPF supports well designed new buildings to support sustainable growth and expansion of all types of business and enterprises in rural areas. As such this reduces the weight given to the restraint implied by Policy S7 and this must be weighed against the other sustainability principles.
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5.05 Furthermore, I consider that the Revised NPPF places greater emphasis on new housing in rural areas, especially if it supports services in a near-by village.
5.06 Section 6 of the NPPF recognises the significant weight that should be attached to need to support business growth. This includes being flexible to accommodate needs; allowing flexible working practices; enable rapid responses to economic changes; enable sustainable growth and expansion of all types of business in rural areas through conversion and well-designed new buildings; the development and diversification of agricultural and other land-based businesses. It also recognises that sites to meet these needs in rural areas may have to be found adjacent to or beyond existing settlements, in locations not served well by public transport.
5.07 It will be demonstrated that the economic strand of sustainability is important in this proposal and the development is required to meet a business need that relates to the stewardship of the land, protection of the local environment and the support of farming production through diversification into livestock. The proposed dwelling is required to fulfil these purposes. It is not possible to convert the existing Victorian barns into a dwelling, as they continue to remain in active, viable farming use. Furthermore, they are situated within a busy, active farmyard and there is a desire to use them as a museum.
5.08 The obligation implied by the NPPF for LPA’s to take a more flexible approach to sustainable development in rural areas, in conjunction with the fact that UDC cannot demonstrate a 5 year supply of deliverable housing sites, mean that Policy S7 cannot solely be used in the determination of the application. The Revised NPPF clearly states that where the most relevant policies, such as Policy S7, are out of date, paragraph 11 of the Framework is engaged, stating that planning permission be granted unless:
‘i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing development proposed: or
ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.’
5.09 I do not consider that i. applies. There is no special protection afforded to the site. Therefore, I consider part (ii) is engaged, and in this statement I shall demonstrate that the very minor adverse impact would not significantly or demonstrably outweigh the benefits, and therefore planning permission should be granted.
ii) The NPPF sustainability criteria, social and economic.
5.10 Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually
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supportive ways. I shall demonstrate that the proposal would comply with all three strands of sustainability as follows.
Economic Role.
5.11 The NPPF identifies this as contributing to a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity.
5.12 Applicable economic factors supported by Policy are also set out in paragraph 5.08 of this statement above. Section 3.0 of this statement sets out the need for the development, that is supported by the provisions of the NPPF. The erection of one dwelling here would enable the farming enterprise to continue seamlessly to the next generation, producing food in the difficult post Brexit era.
5.13 The functioning of the arable business would be more efficient and effective with 24 hour on site presence at Lodge Farm. It would provide security for the valuable machinery and equipment, and security against crime such as arson. More importantly there would be 24 hour supervision for the welfare of the livestock, cows, turkeys and pigs having been reintroduced to the farmstead. The farmyard is open to public view, having a public footpath around part of its perimeter and there has been evidence of crime recently at local farmsteads. The erection of a dwelling on site would guard against this.
5.14 The success of the livestock is vital to the new sustainable business model where the high quality meat is supplied to a local butcher serving the local area, run by a member of the family. As well as supplying a sustainable local business, it facilitates the diversification of the farming enterprise, rendering it more flexible and robust during the post Brexit era.
5.15 Therefore, not only would the erection of one dwelling as proposed on this site provide a temporarily economic benefit in respect of boosting local employment and the supply of building materials during construction, and thereafter the residents contributing to the local economy; it would also support a prosperous rural economy and local food production. I consider the economic benefits of the proposal to be considerable.
Social Role.
5.16 The social role involves supporting strong, vibrant and healthy communities, by ensuring a sufficient number and range of homes can be provided to meet the needs of the present and future generations. Well-designed and safe built environments must be fostered, and accessible services and open spaces that reflect the current and future needs.
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5.17 With regard to providing the required housing, I have already stated that the Council cannot demonstrate a 5-year housing supply. This proposal would facilitate the provision of a family dwelling, providing valuable housing adding to the existing available housing stock.
5.18 I do not consider the site to be a sustainable location. It would not realistically be possible to walk to schools or shops; only to the cricket club. Car journeys would be required for shopping and other purposes.
5.19 However, it would be sustainable in respect of Thomas Magness not having to drive to Lodge Farm each day to start the day’s work as he does now.
5.20 The daily car journeys associated with one dwelling are very small, on average 2 x 2 way movements. One of these can be eliminated, Thomas Magness not having to travel to work, rendering the net daily car movements minimal. In addition an electric car charging point is shown provided at the dwelling, to facilitate an electric car.
5.21 The primary school is in Thaxted only 2 kilometres away, but the road has no footpaths and would not be particularly inviting to walk along. However, it would be within easy cycling distance, and it would be possible to walk along the footpath to the west of the site. This emerges in Bardfield Road, close-by to the school. The shops, services and facilities In Thaxted are a similar distance away. Bardfield End Green is only 800 metres away.
5.22 Bardfield End Green does not have any passing bus services, but Thaxted has a reasonable service from which buses 6 and 313 operate. The former from Stansted Airport, Debden, Saffron Walden and in reverse. The 313 goes from Saffron Walden to Debden, Great Easton and Dunmow and in reverse.
5.23 In addition there is the demand response service operated within Uttlesford District, called DART1. Instead of using fixed routes, customers book journeys with the operator in advance and are picked up at an agreed point, which can be their own home. The service is funded by Essex County Council and operated by Arrow Cars.
5.24 Finally, there is also the Uttlesford Community travel Scheme. It provides services to residents of Uttlesford who find it difficult to access normal public transport, the over 60’s, disabled and those who are rurally isolated. It provides services to take people shopping, to the hairdressers, visit friends, appointments and so on.
5.25 Paragraph 78 of the Revised National Planning Policy Framework (NPPF) recognises that where there are groups of smaller settlements, development in one village may support services in a village nearby and advises that to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning Policies should identify
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opportunities for villages to grow and thrive, especially where this would support local services.
5.26 The National Planning Policy Practice Guidance Notes concerning Rural Housing (March 2014) states that: ‘It is important to recognise the particular issues facing rural areas in terms of housing supply and affordability, and the role of housing in supporting the broader sustainability of villages and smaller settlements.’ It continues to say that: “all settlements can play a role in delivering sustainable development in rural areas -and so blanket policies restricting housing development in some settlements and preventing other settlements from expanding should be avoided unless their use can be supported by robust evidence”.
5.27 The NPPF in discussing supporting a prosperous rural economy, recognises that in rural areas this may involve development in locations not served well by public transport. This is relevant to this proposal, contributing towards the over balance titling the proposal in favour. The economic advantages mooted above, the fact that Thomas Magness will not need to travel to work must be weighed against the additional, very minimal car movements.
5.28 The proviso above in the NPPF to supporting development in rural locations, is that they are sensitive to the surroundings. This is discussed under the environmental strand of sustainability, where it will be demonstrated that this is indeed achieved.
5.29 The dwelling would comply with Part M of the Building Regulations for less able occupiers. This is a requirement of the applicants for their family needs.
5.30 I conclude that the social and economic strands of sustainability would be met. The environmental strand is discussed in the section below.
(iii) The impact on the rural character of the area. The environmental strand of sustainability.
5.31 The NPPF identifies the environmental strand of sustainability as contributing to protecting and enhancing the natural, built and historic environment, including making effective use of land and minimising waste. This is re-enforced by Local Plan Policies S7 and GEN2 in particular.
5.32 In determining planning applications, LPA’s should take account of the desirability of new development making a positive contribution to local character and distinctiveness.
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5.33 This application is in full providing detailed plans and elevations. It has been designed by a local firm of experienced architects, specialising in Conservation Area and Listed Building developments.
5.34 The house is based on a Wealden style hall house with 2 cross wings. This is typical of many 15th century farmhouses in the Thaxted area and was probably the form the original farmhouse on the site took before it was remodelled in Georgian times. The house is to be roofed in slate, with red brick to the front elevation, and render to the remaining sides. This is to give the impression that it is a 15 century farmhouse that has been remodelled in Victorian times, at the same time the barns were built. The oak weather boarded single storey side element is in different materials to give the impression the building has evolved over time.
5.35 The design reflects Essex Vernacular architecture with narrow spans, steeply pitched roofs, interesting design features such a porch, chimney stack, exposed rafter feet, projecting gables, well-proportioned and detailed fenestration and so on.
5.36 It will sit on part of the footprint of the existing straw barn but being a significantly smaller area and cubic capacity it will improve the character and appearance of the rural area, as well as the setting of the Victorian barns. The existing straw barn is of no architectural or historic merit whatsoever, and its demolition and the proposed replacement will open up glimpses of the Victorian farmstead to the public from the footpath. This will enhance visual amenity.
5.37 It would restore, in part, the historic character of the farmstead. There was a farmhouse located here until the 1970’s, not a straw barn. This demonstrates it would be sensitive to its surroundings, as required in the NPPF when providing advice about development supporting the rural economy.
5.38 As well as being well designed, and appropriate in its context, improving the setting and character of the farmstead, it would enhance the quality and appearance of the countryside in which it is set. This is through the means mooted above, but also the curtilage would not extend into the countryside, being contained by the existing straw barn and its immediate curtilage.
5.39 The proposal also incorporates a significant amount of new planting and greening up of the site though the removal of buildings and hardstanding’s. Native species hedgerows will be introduced and infilled, particularly along the southern and western boundaries. This will be supplemented with tree planting. This will soften and enhance the view of the site from the open countryside, the south and west, where there is the public footpath.
5.40 In conclusion the development will not have a harmful impact on the open character or the countryside or setting. It will enhance the landscape character of the area
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through the reduction in built form, the restoration of historical context, and the erection of a well-designed building. It would accord with the environmental strand of sustainability as set out in the NPPF, as well as Policies S7 and GEN2.
5.41 With regard to the impact on the setting of the Victorian farmstead, this is not Listed but in applying the provisions of Policy ENV2 of the Local Plan, its’ setting would be preserved and enhanced. This is also consistent with the relevant guidance set out within the NPPF and legislation.
5.42 For all of these reasons it would achieve the environmental strand of sustainability as set out in the NPPF.
(iv) The planning balance and the presumption in favour of sustainable development for decision-making.
5.43 The Revised NPPF states that where there is not an up to date Plan, planning permission should be granted unless the application of the policies in the Framework that protect areas or assets of particular importance provide a clear reason for refusal; in this instance the proposal does not affect any such protected areas or assets. Or the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the Framework as a whole.
5.44 I consider the benefits are as follows:
- the provision of a modest family house contributing towards the shortfall.
- a high level of existing, enhanced and proposed new natural landscaping along all of the boundaries that will enhance the character of the area and assimilate the dwelling into its surroundings.
- benefits to biodiversity through the provision of further planting, especially with the reduced building footprint.
- a very low impact on the rural character from the public footpath viewpoints.
- a reduction in footprint of 864 square metres. The proposed dwelling has a footprint of 1/5 of that of the existing barn. There is a similar reduction in volume. This significantly reduces the visual impact on the rural area.
- the partial restoration of the historic nature and character of the site, through the provision of a farmhouse where for several hundred years one previously stood. This improves the setting of the Victorian barns also.
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- the functional need the dwelling would perform, in respect of the operation of the farming enterprise in particular the supervision of the livestock. Full case set out in paragraphs 3.11-3.18 of this statement.
- the functional need of the provision of a farm office and toilet at the farmstead.
- the economic benefits to the existing business and the proposed diversification through the provision of a dwelling here.
- the provision of a house, supporting the local school, services and facilities.
- the provision of a high quality dwelling, architect designed specifically for the site, constructed of good materials, that would positively enhance the character of the area.
- The Magness family and the UK Holocaust Memorial Foundation intend to create a community museum in the barns at Lodge Farm in relation to the Bachad Farming Institute.
5.45 These positive attributes must be balanced against the very marginal increase in car movements associated with the new house. I consider the impact of this to be very limited, for the reasons provided in this statement.
5.46 I conclude that the proposal represents 'sustainable development' in the context of the NPPF. The presumption in favour of sustainable development is engaged because relevant policies for the supply of housing, including the associated site allocations and Development Limits, are out of date. In this case, the negligible adverse effect of increase in domestic traffic movements would not significantly and demonstrably outweigh the benefits from the proposal's contribution towards housing land supply, improvements to rural and historic character of the area, the benefits to the operation of the farming enterprise, the benefits to animal welfare and the general economic benefits. Taking into account the more up-to-date nature of the Revised NPPF with respect to the determining issues, it is considered that the lack of accordance with the development plan is overridden in this instance.
(v) Other planning considerations.
5.47 The NPPF and Practice Notes, as well as Policy GEN2 of the Local Plan seek to secure a high standard of design, responding to local character and reflecting the identity of the surroundings. This policy is and will be complied with in the DFO application for the reasons already given.
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5.48 The Council’s adopted car parking standards is met for the proposed dwelling in respect of the number and size of the spaces, and there is on site turning provision.
5.49 The existing access and the local road network is capable of accommodating the proposal, and compliance with Policies GEN1 and GEN8 is achieved.
5.50 The garden area will be well in excess of the Council’s standards. Furthermore, there would be ease of access to the surrounding open countryside, and the public footpath adjacent to the boundary.
5.51 A Phase 1 Habitat Survey accompanies the application, and this confirms that no protected wildlife habitat will be disturbed. The proposal provides the opportunity for biodiversity enhancement, as outlined in the ecology report, and Policy GEN4 will be complied with.
5.52 Finally, there are a couple of near-by decisions for housing that have recently been issued that I wish to comment upon as follows:
UTT/18/1686/FUL- Erection of one detached dwelling, Mill Hill Farmhouse, Cutlers Green Lane, Thaxted. Approved with conditions. Sited 2.64 kilometres from Thaxted via along private lane. The location is very similar to the current application site and the distance from Thaxted is also very similar. Yet the tilted balance was applied here and planning permission was granted when material circumstances have not changed warranting a different decision. The officers report accepted that the car would be used to access services and facilities but the traffic generated by 1 dwelling would be low. In granting planning permission the officer concluded:
‘The proposal does not accord with the development plan due to conflicts with policies on the location of housing and countryside character. The proposal conflicts with paragraph 17 of the NPPF due to the harmful effect on the rural character of the area. However, the harm would be limited, and the small contribution towards housing supply and the reuse of previously developed land represent benefits. The tilted balance at paragraph 14 of the NPPF is engaged because relevant policies for the supply of housing, including the associated site allocations and Development Limits, are out of date. In this case, the proposal represents 'sustainable development' because the adverse effects would not significantly and demonstrably outweigh the benefits. Taking into account the more up-to-date nature of the NPPF with respect to the determining issues, it is considered that the lack of accordance with the development plan is overridden in this instance. Regard has been had to all other material considerations, and it is concluded that planning permission should be granted.’
5.53 The second application is situated close to the end of the drive of the current application site , ‘Pathwoods’, Bardfield End Green, Thaxted, UTT/20/1627/FUL.
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Planning permission was refused and the appeal dismissed. However, there were material differences between that site and the current application site as follows:
- It is a greenfield site, not a site with a very large building as existing that is to be replaced.
- It is very open to the countryside with far reaching views so any dwelling would impact on rural character.
- It was not required to serve a farming enterprise.
- it would not improve sustainability as the resident would not work on site.
5.54 Therefore, this appeal decision is not material to the current application. Material differences are cited.
5.55 Finally, the applicant could exercise his rights under Part Q of the GPDO and convert the straw barn to residential. However, this would have a far greater environmental impact on the character of the area than this application proposal. An agricultural dwelling is not being applied for either as funding cannot be arranged for this as a mortgage would not be obtainable; and the applicants would not want to start by locating a mobile unit here while the livestock business is established, that is a normal requirement of the LPA in such instances
6.0 CONCLUSIONS.
6.01 For all the reasons put forward in this statement it is considered that the proposal would represent sustainable development.
6.02 The Council is requested to grant planning permission.
Lucy Carpenter.
March 2021.
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