The case for the appellant
The farm is not viable for agricultural use and residential is the only viable alternative. If it is determined that the development would be inappropriate in the green belt, there are very special circumstances which justify approval of the proposals. They are in accord with LP policy H03, would not harm the purposes of the GB, would remove unsightly agricultural buildings and increase openness, retain attractive traditional buildings, enhance the character and appearance of the conservation area and the setting of listed buildings and provide development in a sustainable location. The only outstanding point at issue with the Council is flooding. It is agreed the buildings themselves would not flood and compensatory floodplain storage can be provided close by. The access would flood only in a 1:100 year event and the lane can be accessed by emergency vehicles at these times. A raised walkway could provide a dry pedestrian access. The benefits of the scheme outweigh the minor risk of flooding.
The case for the Council
Overall the proposals are inappropriate development, but there are very special circumstances for the total scheme which overcome the presumption against it, the lack of viability of farm, poor quality of agricultural buildings, new houses maintaining the linear form and having a neutral effect on CA. But when looking at appeal A in isolation there are no special circumstances for the car port.
Binsey Lane regularly floods and the proposals would put more people at risk. A safe dry access is needed for a 1:100 year flood. A raised causeway could provide a dry pedestrian access for some but not all of the lane. It would also cause harm to the rural area. The environmental effects of these have not been assessed by the appellants and the highway engineers are concerned about the proposals. The causeway would also be likely to impede flood flows and need flood storage compensation. A flood warning system doesn't eliminate risk and it is not the EAs policy to focus resources on enhancing flood warning services for new development at the expense of existing people at risk.
Written representations
Concerns are raised about flooding and potential impacts of a raised walkway, effects on the historical/literary character and appearance of Binsey, the conservation area/listed buildings, archaeology, green belt, wildlife and additional traffic. Other matters include the viability of the premises for agriculture, the sustainability of the location and the effects on existing businesses.
The issues
1. Appeals B & C - whether the creation of new dwellings would unacceptably increase the resident population at risk of flooding and the burden on emergency services during times of flood.
2. Appeals A, B & C - whether the proposals would be appropriate development in the green belt and if not are there any very special circumstances sufficient to overcome the presumption against inappropriate development
3. Appeals A, B & C - the effect of the proposals on the character and appearance of the locality with particular regard to the conservation area, the listed buildings and the area of high landscape value.
Matters for discussion
1. Clarifications
2. Policy - development plan and national policy guidance
3. Flooding
4. The green belt
5. The character and appearance of the area
6. Other planning matters
7. Suggested conditions
8. Costs
9. Site visit