Appeal 3285136

Appeal A is allowed and the planning permission Ref 21/01887/FUL for “Demolition of existing bungalow. Construction of a two storey dwelling” at [site address] , [site address] , [postcode] granted on 20 August 2021 by West Oxfordshire District Council, is varied subject to the schedule of conditions set out in Appendix 2 at the end of this document.

Appeal B is allowed and the planning permission Ref 21/03503/FUL for “demolition of existing bungalow and erection of a dwelling with detached garage” at [site address] , [site address] , [postcode] granted on 21 December 2021 by West Oxfordshire District Council, is varied subject to the schedule of conditions set out in Appendix 3 at the end of this document.

The main issue is whether the conditions are reasonable and necessary having regard to the character and appearance of the area, biodiversity, drainage, highway safety, contaminated land and construction management.

Conditions 3, 4 and 5 in both appeals relate to external materials and window details.

The appeal site is located in a predominantly residential area characterised by detached dwellings. The properties vary considerably in their individual design characteristics and form; however, many properties are single storey and are finished in stone cladding, buff brisk and render. Properties are largely set back from the road behind front gardens and parking areas. Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131

The submitted drawings do not detail the proposed materials or finished window detail. Whilst the submission states that the materials to be used would be Cotswold stone effect brick work, this has not been detailed on the approved drawings. A condition would therefore have been required in order to ensure that appropriate materials would be used in the development.

The Council have requested a condition that requires a panel to be constructed on site and have raised concerns regarding the detailing of the brick work and have sighted nearby examples.

I have had regard to the appellants submission relating to the condition not being necessary due to the varied materials and designs locally, however due to the lack of information on the approved drawings, the condition relating to materials is necessary in order to ensure the character and appearance of the area is safeguarded. A variety of materials and the standard of materials locally is not reason to allow a poor standard of material in new development, as such the conditions is reasonable and necessary. Additionally, as there are no details of the windows on the approved drawings, the conditions relating to window detail and depth are also necessary in order to ensure the final design would not be harmful to the character and appearance of the final dwelling and the wider area.

I conclude that, without the conditions, the proposals would adversely affect the character and appearance of the area and host building. As such they would be contrary to Policy OS4 of the West Oxfordshire Local Plan 2031 (2018) (LP) and the guidance contained within the [name] (2016) (DG) which seek, amongst other things to ensure that developments demonstrate high quality, inclusive and sustainable design.

LP Policy EH3 states that the biodiversity of [name] shall be protected and enhanced to achieve an overall net gain in biodiversity. There is no requirement within this policy for the location of the development to be within a particularly sensitive area. Paragraph 174 of the Framework requires that developments contribute to and enhance the local environment. Planning Practice Guidance1 (PPG) defines biodiversity net gain as measurable improvements for biodiversity by creating or enhancing habitats in association with development. Biodiversity gain can be achieved on-site, off-site or through a combination of on-site or off-site measures.

The appeal submission includes a [name] (PEA) which concludes that the site is of a limited ecological value. The PEA provides a recommendation for enhancements in the form of planting native and wildlife-friendly species and bat and bird boxes being located on the new buildings. The submitted drawings are limited and do not detail any of the enhancements noted within the PEA.

On the evidence before me, it appears that the need for biodiversity enhancements arises from the development. In their submission the appellant offers alternative wording that would allow for bird and bat boxes to be included throughout the site, rather than on the proposed dwelling. The Council are content that the wording of the condition could be less restrictive and still 1 Paragraph: 020 [name]: 8-[phone] (2019) Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131 deliver biodiversity enhancement. I have no reason to dispute this as an altered condition would still require biodiversity enhancements be provided.

I conclude that, without the condition, the proposals would adversely affect the biodiversity of the area. However, the replacement of the conditions with less restrictive wording would ensure that enhancements are secured and retained. The proposals would therefore comply with LP Policy EH3 which, amongst other things, seeks to ensure that developments protect and enhance biodiversity. The proposal would also be contrary to Paragraph 180 of the Framework which seek to ensure that proposals conserve and enhance biodiversity.

Condition 8 in both appeals specify that a surface water drainage scheme be submitted. The appellant argues that it is not clear why these conditions have been applied and that they are unnecessary as the proposal would improve the drainage at the site as the floor area of both proposals would be less than the existing dwelling and that existing tarmac areas would be replaced by permeable paving.

Appeal A would see a potential improvement in surface water drainage at the site via a reduction in floor space and in non-permeable surfaces. However, in order to accommodate the alternative design of Appeal B excavations works that would change the level of the site would be required. This could have implications on the surface water drainage of the site.

As such, Condition 8 is not necessary with regards to Appeal A, however, it necessary and reasonable with regards to Appeal B. The removal of the condition in relation to Appeal B would be contrary to LP Policy EH7 which seeks to ensure that developments provide sustainable drainage systems to manage run-off.

Condition 9 in both appeals relate to the submission of details for the proposed access. Condition 12 in Appeal B relates to the construction and retention car parking within the appeal site.

The appeal site already benefits from a dropped kerb access and drive. From reviewing the approved drawings, the proposed developments would not alter the existing access. However, as the area to the front of the proposed dwelling would be utilised for parking and laid with permeable paving, in order to ensure that adequate parking would be provided and that this would be constructed and completed prior to the use of the dwelling a condition is required. The use of permeable paving is identified on the approved plans, as such I do not details of the construction, laying out and surface is necessary.

I conclude that, without the condition, the proposals would adversely affect highway safety. However, the replacement of the conditions with altered wording would ensure that adequate parking is secured and retained. The proposals would therefore comply with LP Policy OS2 which, amongst other things, seeks to ensure that developments provide a safe vehicular access. Contaminated Land Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131

Condition 10 in both appeals relate to contaminated land. These conditions require the submission of details if contamination is found during the course of the development.

Should contamination be discovered, this would need to be dealt with in a manner that would safeguard both future users and neighbouring occupiers. Impacts on these parties are material planning considerations and I therefore consider that the condition is reasonable and necessary.

Without the condition, the proposals would be contrary to LP Policy EH8 which seeks, amongst other things, to ensure that any contaminated land is remediated.

Condition 11 on both appeals relate to the submission of a Construction Management Plan (CMP).

The appeal site is located in a predominantly residential area. I consider that the condition is necessary in order to ensure that there are no harmful effects on the living conditions of neighbouring occupiers or highway safety during the construction and lifetime of the development. [name] note that no objections have been raised with regards to the proposed developments from [name] or other Council departments, I am mindful that construction works in residential areas can have a harmful impact on nearby occupiers.

I have had regard to the alternative wording provided by the appellant, however the use of wording such as ‘as far as reasonably possible’ is imprecise and unenforceable.

Without the condition, the proposals would be contrary to [name] OS2 and OS4 which seek, amongst other things, to ensure that developments do not harm the enjoyment of land and nearby buildings.

In the event that the appeals were to be allowed, new planning permissions would be created. The guidance in the national Planning Practice Guidance (PPG) makes clear that decision notices for the grant of planning permission under section 73 should also repeat other relevant conditions from the original planning permission. In addition to the conditions in dispute the planning permissions included conditions relating to the commencement of development, approved plans and water consumption. I have reviewed these conditions and consider them to be reasonable and necessary.

I have altered the wording of some of the conditions in order for them to comply with the PPG.

For the reasons given above, I conclude that both appeal A and appeal B should succeed. I will grant a new planning permission without condition no 8, alterations to conditions 7 and 9 and minor modification to conditions for appeal A. I will grant a new planning permission with altered wording and minor modification to conditions for appeal B Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: Park 101 Proposed Site Plans, p4buk/357750/485928 Location Plan, Park 102 [name] – Proposed, Park 102 Proposed Roof Plan, Park 102 Elevations – Proposed, Park [address] [name], 19 1766 TPP 001 Tree Plan, Park 104 Site Layout Plan.

The external walls shall be constructed of artificial stone or similar material in accordance with a sample panel which shall be erected on site and approved in writing by the Local Planning Authority before any external walls are commenced and thereafter be retained until the development is completed.

Notwithstanding details contained in the application, detailed specifications and drawings of all external windows and doors to include elevations of each complete assembly at a minimum 1:20 scale and sections of each component at a minimum 1:5 scale and including details of all materials, finishes and colours shall be submitted to and approved in writing by the Local Planning Authority before that architectural feature is commissioned/erected on site. The development shall be carried out in accordance with the approved details.

The window and door frames shall be recessed a minimum distance of 75mm from the face of the building unless otherwise agreed in writing by the Local Planning Authority.

No dwelling hereby approved shall be occupied until the means to ensure a maximum water consumption of 110 litres use per person per day, in accordance with policy OS3, has been complied with for that dwelling and retained in perpetuity thereafter.

Before the erection of any external walls, details of the provision of bat roosting features and integrated nesting opportunities for birds within the site, and hedgehog gaps/holes under/through walls and/or fences, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a drawing/s showing the types of features, their locations within the site and a timetable for their provision. The approved details shall be implemented before the dwelling hereby approved is first occupied and thereafter permanently retained.

Prior to the first beneficial use of the development hereby permitted the means of access and parking area shall be constructed, laid out, surfaced and drained in accordance with Park 104 Site Layout Plan. The access and parking area shall be retained as such in perpetuity. Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131

In the event that contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Environment Agency's Model Procedures for the Management of [name], CLR 11, and where remediation is necessary a remediation scheme must be prepared, to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, and which is subject to the approval in writing of the Local Planning Authority.

No development, including any works of demolition, shall take place until a [name] has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period and shall provide for: [name] parking of vehicles for site operatives and visitors [name] loading and unloading of plant and materials [name] storage of plant and materials used in constructing the development [name] erection and maintenance of security hoarding including decorative displays [name] washing facilities [name] to control the emission of dust and dirt during construction [name] scheme for recycling/disposing of waste resulting from demolition and construction works. Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131 Appendix 3

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: p4buk/357750/485928 Location Plan, Park 202 [name] - Proposed, Park 304 Site Plans, Park 305 [name] – Proposed, Park 305 Proposed Roof Plan, Park 306 Elevations – Proposed, Park 307 Proposed Cross Section, Park 308 [name] – Proposed, Park 308 [name] – Proposed, and Park 308 Garage Roof Plan.

The external walls shall be constructed of artificial stone or similar material in accordance with a sample panel which shall be erected on site and approved in writing by the Local Planning Authority before any external walls are commenced and thereafter be retained until the development is completed.

Notwithstanding details contained in the application, detailed specifications and drawings of all external windows and doors to include elevations of each complete assembly at a minimum 1:20 scale and sections of each component at a minimum 1:5 scale and including details of all materials, finishes and colours shall be submitted to and approved in writing by the Local Planning Authority before that architectural feature is commissioned/erected on site. The development shall be carried out in accordance with the approved details.

The window and door frames shall be recessed a minimum distance of 75mm from the face of the building unless otherwise agreed in writing by the Local Planning Authority.

No dwelling hereby approved shall be occupied until the means to ensure a maximum water consumption of 110 litres use per person per day, in accordance with policy OS3, has been complied with for that dwelling and retained in perpetuity thereafter.

Before the erection of any external walls, details of the provision of bat roosting features and integrated nesting opportunities for birds within the site, and hedgehog gaps/holes under/through walls and/or fences, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a drawing/s showing the types of features, their locations within the site and a timetable for their provision. The approved details shall be implemented before the dwelling hereby approved is first occupied and thereafter permanently retained.

Prior to the commencement of the development hereby permitted, a full surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the size, position and construction of the drainage scheme and results of soakage tests carried out at the site to demonstrate the infiltration rate. Three tests should be carried out for each soakage pit as per BRE 365 with Appeal Decisions APP/D3125/W/21/3285136 and APP/D3125/W/22/3293131 the lowest infiltration rate (expressed in m/s) used for design. The development shall be carried out in accordance with the approved details prior to the first occupation of the development hereby approved. Development shall not take place until an exceedance flow routing plan for flows above the 1 in 100 year + 40% CC event has been submitted to and approved in writing by the Local Planning Authority.

Prior to the first beneficial use of the development hereby permitted the means of access and parking area shall be constructed, laid out, surfaced and drained in accordance with Park 304 Site Layout Plan. The access and parking area shall be retained as such in perpetuity.

In the event that contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Environment Agency's Model Procedures for the Management of [name], CLR 11, and where remediation is necessary a remediation scheme must be prepared, to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, and which is subject to the approval in writing of the Local Planning Authority.

No development, including any works of demolition, shall take place until a [name] has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period and shall provide for: [name] parking of vehicles for site operatives and visitors [name] loading and unloading of plant and materials [name] storage of plant and materials used in constructing the development [name] erection and maintenance of security hoarding including decorative displays [name] washing facilities [name] to control the emission of dust and dirt during construction [name] scheme for recycling/disposing of waste resulting from demolition and construction works.