Appeal Ref: APP/D0840/W/20/3254432
Merry Meadows Farm, Road From Junction South Of Bowling Green To Treskilling, Bowling Green, Bugle PL26 8RN

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Introduction

 

Following the refusal of planing permission for the agricultural development and residential accommodation on site at a smallholding in Bugle, Cornwall, En-Plan submitted a revised planning application to Cornwall County Council for the retention of a hardstanding area and sheds for agricultural purposes and the siting of a mobile shepherd's hut as a temporary agricultural worker's dwelling. Despite our best efforts permission was again refused ad we then formaluated a Planning Appeal ad sumitted this to the Planning Inspectorate. 

 

The Case for the Appellant

 

Adopted Corwall Planning Policy seeks to promote sustainable development and support the well-being of people and communities across Cornwall.

 

Agriculture plays a significant role in the vibrancy of local communities across Cornwall performing a social function as well as an economic function. The farming community is a key part of community life and cohesion in our rural villages and towns. In addition, agriculture provides a key source of employment for local people, particularly in peak seasons such as the harvest.

 

The proposed poultry and storage buildings as well as the temporary residential use will help to ensure that the farming business remains viable for future generations by improving the profitability of the business and creating further employment. It will allow the business to respond more effectively to fluctuations in the commodity and meat markets. Flexibility is vital in ensuring the longevity of farming business and, as such, the proposed development should be supported.

 

The Cornwall Local Plan recognises the importance of environmental sustainability in the decision making process. ‘Good design can help to ensure high environmental quality. Landscape and green infrastructure considerations are an integral part of the design process. Integrating green infrastructure is not limited to focusing on landscape and ecology, rather, consideration should be given to all features of the natural environment and how these function together to contribute toward the quality of places. 

 

It was our professional view that the proposed development complies fully with the policies contained within the National Planning Policy Framework and Cornwall Local Plan. The proposed development makes a sustainable contribution to Cornwall’s rural economy and farming community, in augmenting an existing and well established agricultural business, allowing it to react to turbulence in the commodities and meat markets and remain viable for future generations of the Edgell family.

 

There will be no significant negative environmental impact associated with the proposed development. The development will increase the Country’s sustainability in pork meat production reducing the reliance on imports to make up any shortfall in supply. The buildings are designed to be highly efficient and will incorporate modern ventilation and insulation systems where applicable.

 

NPPF para 79 replaces the previous more prescriptive tests of PPS 7 Annex A and there is therefore no requirement for a test of functional or economic viability. (See R (Embleton PC) v Northumberland CC (2013) which confirms this position. In any case, PPS 7 allowed for temporary agricultural dwellings without a viability test provided there was clear evidence of a firm intention. Notwithstanding the replacement of PPS 7, the above facts, together with the submitted business plan and financial statement, demonstrates that the applicant has every intention of developing a farm business here over the next three years, and that she needs to live on site to facilitate the growth of the business.  We have however, still demonstrated a functional and financial need below that addresses any concerns the Council may have as to the applicant’s current or future intent.

 

The Financial and Functional Need

 

With regards to the financial test the enterprise has been established for 2 years and profitable for this time. There is no reason to believe that the enterprise will not remain profitable for at least the next three years where the positive trends shown in the financial statement will continue.

 

As a fledgling rural enterprise there is not the capital at present to allow Miss Edgell to purchase another house in the locality due to the expensive nature of local property.  As such there is the need for Miss Edgell to reside on site to allow monies raised to be re-invested in the farming enterprise, which as the financial records show, has clearly been happening for the last two years. 

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We were also able to demonstrate a functional need in the submitted Design & Access statemet and show that there were no alternative properties in the locality that could meet the appellants needs.

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The Councils Reasons for Refusal

 

Cornwall Couty Council objected to the application as the site sits outside of the defined settlement boundary for Bowling Green and would not represent infill or rounding off in accordance with Policy 3 of the Cornwall Local Plan Strategic Policies 2010 to 2030. The proposal would physically extend the built envelope of the nearby settlement into the adjoining countryside to the detriment of the landscape character, where the development would reduce the relatively green gap between the village and the nearby town of Bugle, harming the landscape setting of these settlements, representing an intrusion into the undeveloped countryside. The application is not considered to represent sustainable development and would be contrary to the guidance contained in Paragraphs 8, 11, 78 and 79 of the National Planning Policy Framework 2019 and Policies 2, 3, 7, 21 and 23 of the Cornwall Local Plan Strategic Policies 2010-2030.

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Conclusion of the Appeal

 

After representing the applicants at a Public Hearing the Council did concede that the submitted information overcame some of their initial ojections and that planning conitons would protect the landscape character of the area.  Following a site visit that allowed the Inspector to view the site  the appeal was allowed as shown by the decision below:

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"The appeal is allowed and planning permission is granted for hardstanding area and sheds for agricultural purposes and use of a mobile shepherd's hut as a temporary agricultural worker's dwelling at Merry Meadows Farm, Road From Junction South Of Bowling Green To Treskilling, Bowling Green, Bugle PL26 8RN in accordance with the terms of the application, Ref PA19/08677, dated 28 September 2019, and subject to the conditions set out in the schedule to this decision."

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This is a great victory for the applicant who has sunk their life savings into the venture and the next stage En-Plan will be involved in will be assisting in discharging planing conditions and looking to help in the further development of this sustainable agricultural smallholding, and demonstrates En-Plans experience in Rural Planning.

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Further Information​

 

If you would like to find out more about how our Planning Consultancy and Architectural Design Services can work in perfect sync to achieve a successful outcome in the planning system please contact us and we will be only too happy to talk through any questions or development proposals you may have.

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