Appellant: Gladmans!

Appeal reference:

APP/Z1510/W/17/3173352

An inspector drew on legal support for her decision that a valued landscape is a restrictive policy for the purposes of NPPF paragraph 14, and refused outline permission for 65 houses outside the envelope of a small Essex village after deciding the countryside site formed part of a valued landscape.

The site, part of a larger arable field, was not covered by any national landscape designation but identified in a local plan as being within a special landscape area (SLA) of rolling farmland, the SLA subsequently superseded by a criteria based landscape assessment policy compliant with current national guidance. The inspector gave significant weight to inclusion of the area in a management plan covering the river valley and a nearby AONB, and to its landscape attributes.  The extent of local objection also convincing the inspector the site was held in high regard locally. Overall she concluded the appeal site should be regarded as part of a valued landscape.

It seemed to the inspector that the approach to be followed in her decision was that taken in the recent Leckhampton appeal decision by the secretary of state (DCS Number 200-004-992) and supported in a high court ruling, to the effect that a valued landscape is a restrictive policy for the purposes of paragraph 14. Acknowledging that this ruling remained subject to further legal challenge, the inspector nevertheless considered it provided a solid basis for concluding contravention of restrictive landscape and heritage policies, added to poor access to shops, facilities and services, indicated the rural housing estate should be denied permission and dismissed the appeal.

Inspector: Julia Gregory; Inquiry