Appeal Decision

Site visit made on 16 December 2015

by S J Papworth DipArch(Glos) RIBA
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 30 December 2015

Appeal Ref: APP/P2114/W/15/3087225

Brickfields Horsecountry, Newnham Road, Ryde, Isle of Wight PO33 3TH

The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by Reynolds and Read Ltd against the decision of Isle of Wight
Council.
The application Ref P/01085/14-TCP/32000, dated 29 August 2014, was refused by
notice dated 20 April 2015.
The development proposed is change of use of land and buildings to haulage operating
centre including plant hire and ancillary aggregate storage (sui generis use).

Decision
1. I allow the appeal and grant planning permission for change of use of land and
buildings to haulage operating centre including plant hire and ancillary
aggregate storage (sui generis use) at Brickfields Horsecountry, Newnham
Road, Ryde, Isle of Wight PO33 3TH in accordance with the terms of the
application, Ref P/01085/14-TCP/32000, dated 29 August but as subsequently
amended, subject to conditions 1) to 19) on the attached schedule.
Preliminary Matters
2. The original application made in August 2014 was revised together with a
different description, and was re-advertised for consultation. The Appeal Form
refers to a date of December 2014 for the revisions. For the avoidance of
doubt it is that information on which this Decision is based, shown on drawings
1925/01A, 06A, 07B, 08A and 11, together with the up-to-date supporting
documents. The description used in the bullet points in the heading above
does not though repeat the text in parentheses on both the Councils Decision
Notice and the appellants Appeal Form.
3. As requested an unaccompanied view was taken from the public domain of the
existing facility at Blackwater prior to meeting the parties at the appeal site,
and note taken of the nature of that present site and its location relative to the
main road network. In addition the request to drive the three access routes to
the appeal site was accorded with, again before the site inspection. The roads
driven were Newnham Road from the site to the main A3054 and the other legs
of the roundabout at that junction; the road from the site to Rowlands Cross
and onward through Havenstreet to the junctions with Bridlesford Road; and
Stroud Wood Road from Rowlands Cross to Upton Cross and a short distance of
the other legs beyond. It was confirmed at the site inspection that there was
no need to drive along Rowlands Lane south of Rowlands Cross.

Appeal Decision APP/P2114/W/15/3087225

Main Issues
4. These are;

The effect of the use and development on the character and appearance of
the rural area.

The effect of the traffic movements on the road network, other users and
those living along the routes.

Reasons
Policy and Principle of Development
5. The Development Plan includes the Isle of Wight Core Strategy and Policy SP1
states the spatial strategy in line with the Councils overarching approach to
economic led regeneration and national policy, with priority for the
redevelopment of previously developed land, with support for development on
appropriate land within or immediately adjacent to the defined settlement
boundaries of the Key Regeneration Areas among other designations referred
to. Policy SP3 concerns the economy and seeks employment, retail and high
quality tourism focussed on Key Regeneration Areas with room to be provided
for the expansion of existing Island companies and seeks the re-use of
buildings. The Environment is the subject of Policy SP5 which expects
development proposals to take account of the environmental capacity of the
area to accommodate it. Policy DM2 sets out the requirements for design
quality and Policy DM17 on sustainable travel requires proposals to be able to
demonstrate that they are well-related to the Islands Strategic Road Network,
and that the network has adequate capacity to accommodate it.
6. The National Planning Policy Framework sets out a presumption in favour of
sustainable development, the need to build a strong, competitive economy, and
states policies with the aims of conserving and enhancing the natural
environment and requiring good design.
7. From the above it is concluded that the re-use of the previously developed land
would comply with policy and a business use would accord with the aims of
designating the Key Regeneration Areas as the site is within the Ryde
designated area, although outside the settlement boundary. Subject to the
considerations that follow, and which form the Councils objections to the
proposals, the use of the site for a business would further the economic and
regeneration aims of the Development Plan and the Framework.
Character and Appearance
8. The site had been in an active use and its planning use remains as stated in the
Councils Committee Report as a horse-based tourism use, while the Council
also refer to permissions existing for various other uses. It appears that a
permission that would have brought about an intensification of the use of the
site is extant from 2007 due to a material start having been made to the
access. The horse-based use does not appear to have been controlled to a
significant degree and the appellant refers to other activities being carried out
which would have had some adverse effect on the tranquillity of the area,
albeit having the advantages to tourism, and having roots in the rural pastime
of horse riding.

Appeal Decision APP/P2114/W/15/3087225

9. The appearance of the site is unkempt and largely consists of areas of

hardstanding with buildings and presents an open and unattractive face to the
road which runs along a significant length of the site boundary. The site at
present does not appear to be part of a truly rural landscape but detracts from
the character and appearance of the area.
10. The proposed use would involve the stationing of large vehicles, although the
wider effect of these movements on the road network and local people will be
considered in the next main issue. It is apparent however that large vehicles
did use the site previously and could again under the extant permission and
existing uses. Conditions could be attached to control the location of vehicle
parking and the numbers taken in for repair or maintenance from other
operators, as well as lighting. Similarly conditions could be used to control the
location of other aspects of the operation, and the noise emitted. These
matters do not appear to be fully controlled with the previously operated use.
11. Lastly and most importantly, the proposal includes comprehensive landscape
enhancements that would reduce the area of hardstanding, soften any
remaining views and return much of the boundary of the site to a more rural
character and appearance. There will be a need to consider the planning
balance between benefits and effects after the next main issue, but in
conclusion on this issue, the proposed use can be sufficiently controlled so as
to offer an improvement in the appearance of the site, and in the effect of the
operation on the rural character of the area, when compared with the extant
intensified use, and the present vacant and neglected appearance. The
proposal would accord with the aims of Policies SP5 and DM2 on design and the
effect on the character and appearance of the area, and would further the aims
of the Framework with regard to these considerations.
Transport
12. The Councils reason for refusal was not specific as to harm to road safety,
although that concern had been raised by others. The responsible authority,
Island Roads, has provided a report and answers to further questions on the
ability of the road network to accommodate the anticipated traffic and there is
also comment from the appellant on it being unlikely that the Havenstreet
route would be used due to the low bridge at the heritage railway site. The
other two routes, Newnham Road and Stroud Wood Road are used by buses.
Concern had been expressed over visibility in places and the stretches of
parked cars that may inhibit large vehicle movements when other vehicles are
also using the same narrowed stretches of road.
13. The authoritys response and analysis appears robust and to be the correct
approach and takes account of the raised cab level and the forward position of
the driver with no bonnet to prevent visibility at junctions. The accident
statistics do not show the local roads and junctions to be unusually hazardous,
and the Island-wide statistics for large vehicles are not at all high. The vicinity
of the present site has no recorded accident connected with the use of the site.
14. The roads are not restricted in their ability to carry large vehicles, other than
the height restriction at Havenstreet, and at Upton Cross where there is a
narrowing of the carriageway this is properly marked as to giving way. It can
be concluded that the use of the approach roads by large vehicles, being driven
by professional drivers under a strict regulatory regime for Large Goods Vehicle

Appeal Decision APP/P2114/W/15/3087225

driving and operation, would not pose an undue risk of harm to other road
users including pedestrians, cyclists and horse riders.
15. Part of the harm that is alleged in the Councils reason for refusal was to the
tranquillity of the area with regard to vehicle movements, in addition to those
matters dealt with in the first main issue. However, it should be borne in mind
that by the nature of the business, not all vehicles would be coming and going
at the same time or even on the same day, due to the hire possibly extending
over a period. As previously stated conditions could be attached to control the
numbers of third party vehicles on the site and hours of operation. The
highway authority has provided details of an analysis of numbers and advised
that the percentage increase is lower than would result in the need for road
improvements, which is also an indication that the numbers would not
represent so large an increase as would be likely to be contrary to the aims of
Policy SP5 on the areas capacity to accommodate the development, or Policy
DM17 on the capacity of the network.
16. The present unused nature of the site is not the proper test to apply, but taking
account of the existing and possible lawful uses of the site and the vehicle
movements that this could generate, it is concluded that the proposed use
would not change the situation to so great an extent as to cause real harm in
planning terms to the tranquillity of the area through vehicle movements.
Sustainability and the Planning Balance
17. Paragraph 14 of the Framework states that at the heart of the document is a
presumption in favour of sustainable development, which should be seen as a
golden thread running through both plan-making and decision-taking. This is
stated as meaning that development which accords with the Development Plan
should be approved without delay. In relation to the three dimensions of
sustainable development as set out at paragraph 7 of the Framework;

The economic role is furthered by the provision of improved premises for a

local business within a Key Regeneration Area and in line with the aims of
Policy SP3, thus ensuring that sufficient land of the right type is available in
the right place and at the right time to support growth and innovation.

The social role is satisfied in safeguarding employment opportunities while

not jeopardising the quality of the environment, and through making better
use of land, supporting strong, vibrant and healthy communities.

The environmental role is supported through the enhancement to the

character and appearance of the area through landscaping and the planning
controls that a new permission is able to exert. The re-use of previously
developed land furthers the aims of using natural resources prudently,
protecting and enhancing the natural and built environment.

18. The improvements to the character and appearance of the land and the
controls available over its use and the effect on the wider road network and
housing areas weigh significantly in favour of the development. The proposal
accords with the Development Plan where concerned with economic led
regeneration, redevelopment of previously developed land, fostering economic
activity and the re-use of buildings, whilst taking due account of the
environmental capacity of the area to accommodate it and the need for high
quality design.

Appeal Decision APP/P2114/W/15/3087225

19. In the planning balance, there will be some adverse effects, although due
allowance must be made for the present ability of the site to generate large
vehicle movements and have an impact on the tranquillity of the area, but the
improvements to the site and the controls exercisable lead to the conclusion
that the proposals represent sustainable development and are in accordance
with the Development Plan, and should be approved without delay. The
benefits of the proposal outweigh the possible effects.
Conditions
20. The Council has supplied a full set of conditions as were suggested to the
Committee along with the officers recommendation to grant permission and
the reasons for these are fully detailed in the text of the report. The conditions
are further supplied in representation to this appeal. The reasons for the
appeal decision have referred to the need for control through conditions and
how such control can be exercised so as to make the proposal acceptable.
21. The web-based Planning Practice Guidance states that when used properly,
conditions can enhance the quality of development and enable development
proposals to proceed where it would otherwise have been necessary to refuse
planning permission, by mitigating the adverse effects of the development.
22. To this end, conditions are required limiting the use to that of a haulage
operating centre including plant hire and ancillary aggregate storage (sui
generis use); and controlling various aspects of the development and its
operation to safeguard the character and appearance of the area and the living
conditions of nearby residents. These are; the repair of other operators
vehicles, parking, aggregate storage, skip storage, lighting, visibility splays and
access, landscaping, hours of operation, fixed plant, and drainage. In
particular a Noise Management Plan is to be submitted and agreed, and
subsequently worked to, as well as a Dust Management Plan. In view of the
need for the former to be agreed, there appears no reason to add the Councils
condition 20) setting specific noise limits, as this would be addressed in the
Plan. The figures mentioned in the suggested condition would, no-doubt, be
those that the Council would find acceptable. A condition is required naming
the drawings, for the avoidance of doubt and in the interests of proper
planning. The suggested conditions will be set out in the order suggested in
the Web-based Planning Practice Guidance.
Conclusions
23. There are benefits to the Island economy in encouraging this development,
along with enhancements to the appearance of the site and making better use
of previously developed land. The effects of the development can be
sufficiently controlled by conditions, as set out in the web-based Planning
Practice Guidance, to mitigate the possible adverse impacts, and to make the
proposals acceptable. With those provisions the proposals accord with the
aims of the Development Plan, in providing for economic activity and the
protection of the environment, and would further the three dimensions of
sustainable development of the Framework. For the reasons given above it is
concluded that the appeal should be allowed.

S J Papworth
INSPECTOR
5

Appeal Decision APP/P2114/W/15/3087225

Schedule of Conditions
1)

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

2)

The development hereby permitted shall be carried out in accordance with

the following approved plans: 1925/01A, 06A, 07B, 08A and 11.

3)

The use hereby permitted shall not commence until a Noise Management
Plan has been submitted to and agreed in writing by the Local Planning
Authority. The Plan must describe what best practice measures will be used
to control noise on site, addressing in particular the following:
i.

Use of mobile plant (Lift trucks and aggregate handling plant);

ii.

Aggregate loading and unloading;

iii.

Movement of heavy goods vehicles on site;

iv.

Repairs and maintenance works;

v.

Other fixed machinery (compressor equipment, and heating and

ventilating plant);

vi.

Resident noise monitoring, record keeping and reporting;

vii.

Annual review, and continued implementation of best practice.

None of the operations hereby approved shall be undertaken unless all the
measures agreed in the Noise Management Plan have been implemented,
and the Noise Management Plan shall be maintained and retained at all times
when the site is in use. No operational changes shall be made in relation to
the Noise Management Plan without the prior written approval of the Local
Planning Authority in which case a revised Noise Management Plan shall be
submitted to the Local Planning Authority for written approval.
4)

The use hereby permitted shall not commence until the visibility splays
shown on drawing 1925/11 have been provided. The required visibility splays
shall be retained at all times when the use is in operation and nothing that is
more than 1m above the existing level of carriageway shall be permitted to
remain within those splays.

5)

The use hereby permitted shall not commence until space has been laid out
within the site in accordance with drawing number 1925/11 for vehicles and
plant to be parked in the positions identified and for vehicles and plant to be
loaded, unloaded, and to ensure that there is sufficient space for vehicles and
plant to turn so that they may enter and leave the highway in forward gear.
The spaces identified shall not thereafter be used for any purpose other than
that approved in accordance with this condition.

6)

The use hereby permitted shall not commence until a detailed specification
and plans for the proposed drainage and disposal of foul and surface water
from the site have been submitted to and agreed in writing by the Local
Planning Authority. The details shall include the location and associated
calculations for the proposed system based upon sustainable drainage
principles, along with details of location and types of interceptors/filters and
catchment tanks. The drainage plan shall be installed in accordance with the
agreed details prior to the first use of the site for the operations hereby
permitted and shall be retained and maintained in accordance with best
practices at all times when the uses are in operation.
6

Appeal Decision APP/P2114/W/15/3087225

7)

No development shall commence on site until a Dust Management Plan has

been submitted to and agreed in writing by the Local Planning Authority.
Once approved the operator shall implement and maintain the Dust
Management Plan as agreed and at all times when the site is operated,
unless otherwise agreed in writing by the Local Planning Authority.

8)

Notwithstanding the submitted details, the use hereby permitted shall not
commence until a detailed planting plan and specification for proposed
landscape enhancements at the site (based upon those indicated on drawing
1925/11) has been submitted to and agreed in writing by the Local Planning
Authority. The plan/specification shall include schedule of plants, species,
size, numbers/densities and an implementation and maintenance
programme. The landscape works shall be undertaken in accordance with the
agreed details, and retained and maintained thereafter at all times when the
use is in operation at the site. Any trees or plants which within a period of 5
years from the commencement of the development die, are removed or
become seriously damaged or diseased shall be replaced in the next planting
season with others of similar size and species, unless the Local Planning
Authority gives written consent to any variation.

9)

The site shall only be used as a haulage operating centre including plant hire
and ancillary aggregate storage (sui generis use). Notwithstanding the
submitted details the use and operations shall be limited to those areas
shown on drawing 1925/11, unless otherwise agreed in writing by the Local
Planning Authority.

10)

This permission shall allow for the repair and maintenance of the proprietors
commercial vehicles and plant, and for a maximum of 2 vehicles or plant not
belonging to the proprietor which may be stored, serviced or repaired per
day. All repair, maintenance or service works shall be within the building
shown on drawing 1925/07B (Proposed Floor Plan), and none of these
activities shall be undertaken within the external areas of the site. No vehicle
body repairs or spraying of any vehicle, plant or other item shall take place
within the building or elsewhere on the site.

11)

Vehicles and plant belonging to the proprietor to be parked overnight or

stored at the site shall only be stored or parked in the locations identified on
drawing 1925/11 (Annotated Proposed Block Plan & Landscaping), and no
vehicles or plant shall be parked or stored overnight in any of the other
external areas of the site, unless the prior written agreement of the Local
Planning Authority has been obtained.

12)

The aggregate storage element of the use hereby permitted shall only be
undertaken in accordance with the following:
1. No more than 250tonnes of aggregate (limited to pre-sorted, crushed and
washed material comprising only of builders sand, washed grit, ballast,
gravels and pre-crushed hardcore) shall be stored within the site at any
one time.
2. No topsoil or other materials (inert or contaminated) shall be stored at the
site.
3. Aggregate to be stored only within the designated storage bays shown on
drawing 1925/11 and within no other locations at the site.

Appeal Decision APP/P2114/W/15/3087225

4. Aggregate shall only be brought to or distributed from the site in the

proprietors vehicles, with no direct retail sales being undertaken from the
site.
13)

Storage of empty skips at the site shall be located within the building as
indicated on drawing 1925/11, and no skips containing waste material shall
be brought to the site and no activities associated with the sorting, picking or
recycling of waste material shall be undertaken at the site at any time.

14)

No external lighting shall be installed at the site unless details of any external
lighting have been submitted to, and approved in writing by, the Local
Planning Authority. This information shall include a layout plan with beam
orientation and a detailed specification for the lighting (including the location,
height, luminaire type, mounting height, aiming angles and luminaire
profiles, baffling to reduce light spillage and levels of illumination. Lighting
shall only be installed, maintained and operated in accordance with the
approved details.

15)

Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (or any Order revoking and
re-enacting that Order with or without modification), no gates shall be
erected other than those expressly authorised by this permission.

16)

No fixed plant, buildings or machinery shall be installed within the application

site without the prior written approval of the Local Planning Authority.

17)

With the exception of returning vehicles, the use hereby permitted shall not
take place other than between the hours of 07:00 to 19:00 Monday to
Saturdays. No use is permitted at any times on Sundays or Bank or Public
Holidays, unless otherwise agreed in writing by the Local Planning Authority.

18)

No deliveries or dispatches from the site shall take place outside the hours of
07:00 to 19:00 Monday to Saturdays or at any times on Sundays or Bank or
Public Holidays, unless otherwise agreed in writing by the Local Planning
Authority.

19)

None of the land outlined in red on drawing 1925/09 (Proposed Block Plan No
Change - Southern section) shall be used in connection with any of the
activities or operations (including external storage) hereby approved.