Appeal 3360463

The appeal is allowed and the planning permission Ref 24/01842/M73 for All Reserved Matters for residential development of up to 20 dwellings, public open space, landscaping, access to [address], sustainable urban drainage systems and associated infrastructure, pursuant to Outline permission 22/01035/MAO, including removal of condition 8 attached to 23/02636/MAR to allow for permitted development rights to be reinstated at [site address] , Wootton, Bedford [postcode] granted on 23 January 2025 by Bedford Borough Council, is varied by deleting conditions 9 and 10 and substituting them for the conditions set out in the attached Schedule.

Outline planning permission was granted under application reference 22/01035/MAO for a residential development of up to 20 dwellings, public open space, landscaping, access to [address], sustainable urban drainage systems and associated infrastructure. Reserved matters were subsequently approved under application reference 23/02636/MAR, which included, at condition 8, the removal of permitted development rights. Application reference 24/01842/M73, submitted under Section 73 of the Town and Country Planning Act 1990, sought to remove condition 8 and was granted, subject to conditions including, at conditions 9 and 10, the removal of permitted development rights for certain plots under Class B and Class C of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) and for all plots under Class A and Class E of Part 1, Schedule 2 of the GPDO.

The main issue is whether the conditions are reasonable and necessary, with regard to the provision of starter homes, parking and external amenity space.

Paragraph 55 of the National Planning Policy Framework (the Framework) states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so. In addition, Paragraph 57 states that planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. The Planning Practice Guidance (the PPG) states that conditions restricting the future use of permitted development rights or changes of use may not pass the test of reasonableness or necessity.

Condition 9 removed permitted development rights under Class B and Class C of Part 1, Schedule 2 of the of the GPDO for certain plots. Class B permits additions etc to the roof of a dwellinghouse and Class C permits other alterations to the roof of a dwellinghouse. Development under Class B and Class C could lead to the creation of additional bedrooms, which may result in a need for further parking spaces on some of the plots. The increase in bedrooms would require an additional parking space in respect of the three-bedroom dwellings at plot numbers 3, 9, 10 and 15 where only two on-plot spaces would be provided. Given the limited space on these plots and the amount of visitor spaces across the development, the increased number of bedrooms could result in a demand for on-street parking.

While the approved parking layout1 indicates that plot numbers 3 and 15 would have a garage in addition to 2 parking spaces on the driveways, the layout does not demonstrate that the garage would provide a parking space. The approved layout shows that plot 2 would have 3 spaces, which would meet the requirements of a four-bedroomed house as set out in the [name] for [name]: Design & Good Practice Supplementary Planning Document 2015. Consequently, it would be reasonable and necessary to remove permitted development rights under Class A, Class B and Class C in respect of plots 3, 9, 10 and 15 to ensure that adequate parking would be provided. 1 Drawing number A_2239 PL110 [name]

Policy W6 of the Wootton Neighbourhood Development Plan to 2030 NP requires a range of housing types including bungalows and smaller starter homes. The enlargement of dwellings under Class A, Class B and Class C could lead to the increase in size of smaller homes, including starter homes. Nevertheless, there is no substantive evidence before me that demonstrates that an enlargement of these dwellings would lead to an increase in value that would result in such homes to fall outside the affordability of a starter home. Moreover, it would not be reasonable to restrict permitted development rights to retain the smaller homes permanently given that the requirements of future occupants may evolve over time.

Condition 10 removes permitted development rights for all of the approved dwellings under Class A and Class E of Part 1, Schedule 2 of the of the GPDO. The PPG states that area-wide or blanket removal of freedoms to carry out small scale domestic and non-domestic alterations that would otherwise not require an application for planning permission are unlikely to meet the tests of reasonableness and necessity.

Development permitted under Class A and Class E would lead the reduction of the private amenity space. Nevertheless, development permitted under Class A and Class E includes limitations that would ensure that sufficient external amenity space would be retained. Moreover, the small scale of development that is permitted under Class A and Class E would not lead to a substantial change to character and appearance of the area or cause unacceptable harm to the living conditions of the occupants of neighbouring properties. On this basis, the blanket removal of Class A and Class E permitted development rights is not reasonable.

I conclude that condition 9 is reasonable and necessary, insofar as it relates to plots 3, 9, 10 and 15, having regard to the provision of parking and that condition 10 is not reasonable or necessary having regard to the provision of starter homes and external amenity space.

The guidance in the PPG makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. [name] have no information before me about the status of the other conditions imposed on the original planning permission, I shall impose all those that I consider remain relevant, albeit that in some cases I have amended the wording in the interests of clarity. In the event that some have in fact been discharged, that is a matter which can be addressed by the parties.

For the reasons given above I conclude that the appeal should succeed. I will vary the planning permission by deleting some of the disputed conditions and substituting others.

The development shall be carried out in accordance with the plans and documents listed on this notice and the plans and documents approved as part of the original reserved matters 23/02636/MAR, as listed below, unless required otherwise by a separate planning condition of this permission:

Location Plan ref: A2239_EX100, Council ref: V01, received 5 December 2023

Site Layout as proposed ref: A_2239 PL100 R, Council ref: V02D, received 18 June 2024

[name] ref: A2239_PL300 D, Council ref: V03A, received 22 April 2024

[name] ref: A2239_PL310 [address] [name] 4,7 and 8, Council ref: V04, received 5 December 2023

[name] ref: A2239_PL320 [address] [name] 18 and 19, Council ref: V05, received 5 December 2023

[name] ref: A2239_PL325 [address] [name] 18 and 19, Council ref: V06, received 5 December 2023

[name] ref: A2239_PL330 D, Council ref: V07A, received 22 April 2024

[name] ref: A2239_PL340 D, Council ref: V08A, received 22 April 2024

[name] ref: A2239_PL350 C, Council ref: V09A, received 22 April 2024

[name] ref: A2239_PL351 B, Council ref: V10A, received 22 April 2024

[name] ref: A2239_PL352 C, Council ref: V11A, received 22 April 2024

[name] ref: A2239_PL353 B, Council ref: V12A, received 22 April 2024

[name] ref: A2239_PL360 [address] [name] 13 and 14, Council ref: V13, received 5 December 2023

[name] ref: A2239_PL370 D, Council ref: V14A, received 22 April 2024

[name] ref: A2239_PL380 [address] [name] 11 and 12, Council ref: V15, received 5 December 2023

[name] plans ref: A2239_PL200 [address] [name] 9 and 10, Council ref: V16, received 5 December 2023

[name] plans ref: A2239_PL210_231017 [name]_Plot 4_7_And_ 8 [name], Council ref: V17, received 5 December 2023

[name] plans ref: A2239_PL220_[name]_Plot 18 And 19_[name], Council ref: V18A, received 22 April 2024

[name] plans ref: A2239_PL230 [name]_Plot 2 [name], Council ref: V19A, received 22 April 2024

[name] plans ref: A2239_PL240 [name] _Plot 5 And 6_[name], Council ref: V20A, received 22 April 2024

[name] plans ref: A2239_PL250_240415 [name] Plot 1 REV-D, Council ref: V21A, received 22 April 2024

[name] plans ref: A2239_PL250_231017 [name]_Plot 16 [name], Council ref: V22, received 5 December 2023

[name] plans ref: A2239_PL251_240415 [name] Plot 16 REV-C, Council ref: V23A, received 22 April 2024

[name] plans ref: A2239_PL252_240415 [name] Plot 17 REV-C, Council ref: V24A, received 22 April 2024

[name] plans ref: A2239_PL253_240415 [name] Plot 20 REV-C, Council ref: V25A, received 22 April 2024

[name] plans ref: A2239_PL260_231017 [name]_Plots 13 And 14_[name], Council ref: V26, received 5 December 2023

[name] plans ref: A2239_PL270_231017 [name]_Plot 3 And 15_[name], Council ref: V27, received 5 December 2023

[name] plans ref: A2239_PL280_231017 [name]_Plots 11 And 12_[name], Council ref: V28, received 5 December 2023

Tenure Plan ref: A_2239 PL150J, Council ref: V29B, received 18 June 2024

[name] ref: A_2239 PL110 L, Council ref: V30C, received 18 June 2024

[name] ref: A_2239 PL130G, Council ref: V31B, received 18 June 2024

[name] ref: A_2239 PL140H, Council ref: V32C, received 18 June 2024

[name] ref: A_2239 PL160G, Council ref: V33B, received 18 June 2024

Refuse Strategy Plan ref: A_2239 PL120 H, Council ref: V34B, received 18 June 2024

Mobility Housing Plan ref: A_2239 PL170F, Council ref: V35B, received 18 June 2024

Scale Plan ref: A_2239 PL180G, Council ref: V36B, received 18 June 2024

[name] and Storage ref: A2239_PL530_231017 [name] rev A, Council ref: V37A, received 22 March 2024

Fire Hydrant Plan ref: A_2239 PL560C, Council ref: V38B, received 18 June 2024

[name] ref: 27876_02_010_01 F, Council ref: V40B, received 2 May 2024

[name] ref: 27876_02_010_03 E, Council ref: V41B, received 2 May 2024

[name] ref: 27876_02_010_04c fire tender tracking, Council ref: V42A, received 22 March 2024

House Size Plan ref: A_2239 PL190G, Council ref: V45B, received 18 June 2024

[name] ref: A2239_PL400_240415 [address] [name], Council ref: V46A, received 22 April 2024

[name] ref: A_2239 PL510D, Council ref: V47B, received 18 June 2024

Open Space Assessment ref: A_2239 PL520E, Council ref: V48C, received 18 June 2024

[name] 1, Council ref: V49B, received 18 June 2024

Landscape Management Plan ref: edp8108_d004f STRATEGY PLAN, Council ref: V50B, received 18 June 2024

Planting schedule ref: edp8108_d006i, Council ref: V51B, received 18 June 2024

Tree Protection Plan ref: edp8108_d007-B-Tree Protection Plan, Council ref: V52, received 5 December 2023

[name] ref: 32628_T/0, Council ref: V53, received 5 December 2023

Planning Statement, Council ref: V54, received 5 December 2023

Ecological Management Plan ref: edp8108_r010a/[name], Council ref: V55, received 5 December 2023

Landscape Management Plan LEMP, Council ref: V57, received 5 December 2023

Design and [name] ref: P4/[name], Council ref: V58, received 5 December 2023

[name] ref: 23100 [name], Council ref: V59, received 5 December 2023

[name] ref: edp8108_r003b, Council ref: V60, received 5 December 2023

Drainage details ref: 27876-CALC-0201---Drainage calculation, Council ref: V61, received 5 December 2023

[name] ref: edp8108_d005-H, Council ref: V62B, received 18 June 2024

[name] and Report ref: edp8108_d010---[name], Council ref: V63, received 5 December 2023

[name] and Report ref: edp8108_d011---[name], Council ref: V64, received 5 December 2023

[name] and Report ref: edp8108_d012-A-Ecological Protection Zones, Council ref: V65, received 5 December 2023

[name], Council ref: V66A, received 18 June 2024

[name], Council ref: V67B, received 18 June 2024

Survey on [name] 202304006, Council ref: V68B, received 18 June 2024

[name] ref: edp8108_r007b [name] 3.0 (1), Council ref: V69, received 5 December 2023

Schedule of Accommodation ref: A_2239 [name] -SCHEDULE OF ACCOMMODATION, Council ref: V70, received 5 December 2023

[name] and Floor ref: A2239_PL540_240219 [name], Council ref: V72, received 22 March 2024

No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's Organisational Licence (WML-OR152, or a '[name]) and with the proposals detailed on plan "[name] of [address], Wootton: Impact plan for great crested newt District Licensing (Version 1)", dated 1st June 2023.

No development hereby permitted shall take place except in accordance with Part 1 of the [name], as set out in the District Licence WML-OR152 (or a '[name]) and in addition in compliance with the following: - Works to existing ponds onsite may only be undertaken during autumn/winter, unless otherwise in accordance with the [name]. - Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians. - Capture methods must be used at suitable habitat features prior to the commencement of the development (i.e., hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the period of the development (and removed upon completion of the development). - Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of the development.

The tree protection measures set out on the plan edp8108_d007B dated 15th November 2023 ([name]. V52 of 23/02626/MAR) shall be carried out prior to the commencement of development and retained for the full construction period.

No dwelling shall be occupied before its associated garage / parking area(s) as shown on the approved plans is available for use. All areas to be used for car parking in connection with the development hereby permitted shall not be used for any other purpose.

The turning space for vehicles illustrated on the approved plans shall be built and available for use before any other part of the development takes place and shall not thereafter be used for any other purpose.

The proposed bird and bat boxes shall be installed in accordance with the plan as shown within Appendix 1 of the Landscape and Ecological Management Plan (LEMP) (LPA plan ref: V57 of 23/02636/MAR).

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking, re-enacting or modifying that Order), there shall be no garage conversions to living accommodation.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking, re-enacting or modifying that Order), no development permitted by virtue of Class B and Class C of Part 1 of Schedule 2 to the Order shall be undertaken to plots 3, 9, 10 and 15. End of Schedule