Landscape & Environment

Government statements

150327_brandon_lewis_mp_to_simon_ridley.pdf
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Relevance of the Goodleigh Road decision

It is interesting to see what the Government's Planning Inspector Jessica Graham, who conducted the Goodleigh Road appeal, had to say under the heading ‘Landscape' in February 2013:

  • 24. It is common ground that The Devon Landscape: An Appraisal of Devonʼs Landscape At The Beginning of the 21st Century (published by Devon County Council in 2002) provides a helpful assessment of the Taw-Torridge Estuary Landscape Character Zone. It describes the landscape as “…essentially an area of lowland surrounding the two major arms of the estuary, the whole being surrounded by a ring of land at a higher level, creating almost a saucer-like effect.” It then goes on to consider the integrity of this Landscape Character Zone, and finds it to be “…highly vulnerable and … probably approaching a position where it could be irrevocably changed”, one of the threats to integrity being the continued expansion of the major towns.

  • 30. I consider that the proposed diminution of this valuable and distinctive element of the landscape would cause significant harm to the setting of Barnstaple. I note that the landscape strategy for the proposed development includes the retention of large numbers of existing trees and most of the hedge-bank currently dividing the two fields, and the provision of additional planting, but none of the measures proposed would mitigate the harm caused by the extent to which the undeveloped upper slopes of the hilltop would be replaced by housing.

  • 31. I conclude that the proposed development would conflict with the objectives of Policies DVS1 and ENV1 of the Local Plan, which seek to ensure that proposals for new development respond to and reinforce locally distinctive landscape, and protect or enhance its beauty.

  • 35. To this extent I find that the proposal would further conflict with Policy ENV1 of the Local Plan mentioned above, which seeks to restrict development in the countryside to that which protects or enhances its beauty. 5

In other words, the Inspector, despite finding that North Devon (at that time – 2013) did not have an assured five year housing land supply, did not believe that this was a reason to over-ride all existing policies in the area of protection of the landscape.

The Inspector held up Policy ENV1 specifically as part of her argument, which clearly indicates that she considered this Policy to have validity. North Devon Local Plan Policy ENV1 states that:

  • Development in the countryside will only be permitted where (a) a rural location is required, (b) it provides economic or social benefits to the local community and (c) it protects the beauty and diversity of the landscape. 6

The Planning Inspector in the Goodleigh Road case upheld the refusal, despite the lack of a five year housing land supply.

4 http://covop.org/three-appeals-dismissed-in-feniton

5 Goodleigh Road Appeal Decision, 18 February 2013, p.5, para.24, p.6 para.30, p.7 para's 31 & 35

6 North Devon Local Plan Policy ENV1