Appeal 6000441

The appeal is allowed and planning permission is granted for Erection of 4 dwellings and associated works at [site address] in accordance with the terms of the application, Ref 24/02529/FUL, subject to the conditions in the attached schedule.

Since the application was determined, [site address] District Council has adopted the Local Plan Review 2023–2041 (Local Plan Review) on 10 June 2025. This has superseded the [site address] [name] (2006–2026). The Council has provided the relevant policies from the Local Plan Review in its Statement of Case, and the appellant has had the opportunity to comment on them. I have therefore determined this appeal in accordance with the adopted policies of the Local Plan Review, which now forms the statutory development plan for the area.

An updated [name] has been submitted with the appeal1. This report, based on a walkover survey conducted in July 2025, confirms that there has been no significant change to the site’s habitat baseline compared to that recorded in the earlier [name] Assessment2 (EIA). Notably, no additional species or potential for additional species were identified. Consequently, the [name] confirms that no new ecological constraints have arisen, and the mitigation measures outlined in the [name], supplemented by the [name], remain unchanged.

The Council has reviewed and commented on the updated report and is satisfied that the proposal would now be acceptable in terms of its impact on biodiversity, subject to conditions. I have no substantive evidence before me to reach a different conclusion. Accordingly, the second reason for refusal does not constitute a main issue. Furthermore, I am satisfied that no parties would be unfairly disadvantaged by my acceptance of the updated report, as it does not alter the proposal or the mitigation measures. 1 Dated 3 July 2025 2 [name] 2022

The main issue is whether surface water from the development site would be adequately dealt with, including whether the proposal would result in increased surface water flooding elsewhere.

The appeal site comprises an area of grassland located to the south and south-east of the existing dwelling known as Greenbanks. It lies within a predominantly residential area and occupies a corner plot enclosed by the highways of [site address] and [address]. The land within the site slopes from northeast to southwest. At present, runoff from the site drains via infiltration and overland flow towards [address] and beyond. The existing dwellings to the south of [address] are positioned at a lower land level than the appeal site.

The site lies within [name] 1, where the risk of flooding, including from surface water, sewers, and artificial sources, is low. The underlying [name] (Sand) exhibits variable permeability, with the potential for perched groundwater within the sandy strata. However, there are no recorded incidents of groundwater flooding in the region and no past flooding in the proximity of the site has been identified.

The appellant indicates that the development would introduce approximately 1,150m2 of impermeable area, increasing to 1,265m2 with a 10% urban creep allowance. The drainage strategy proposes infiltration-based [name] (SuDS), including permeable paving and soakaways, designed to accommodate runoff for the 1:100-year event plus 40% climate change allowance. The half-drain times of the proposed SuDS have been designed in accordance with guidance within CIRIA C753. In the event of exceedance or drainage failure, floodwater would be contained within permeable driveways and landscaped areas, with a low-level bund along the southern boundary to intercept any exceedance flows.

The Council remain concerned that insufficient information has been provided to substantiate the drainage strategy, citing inadequate ground investigation, questionable viability of infiltration, incomplete calculations, lack of bund details, and poor SuDS design. While the appellant states that further infiltration testing and groundwater observation have been instructed, results have not been submitted. Similarly, reference to a [name] report indicating negligible groundwater and surface flooding risk is also unsupported by evidence.

Nevertheless, there is nothing before me to indicate that an acceptable drainage solution cannot be achieved and successfully implemented. The site offers sufficient space for a bund, and I note that the Council previously raised no objection on drainage grounds for an earlier scheme on the appeal site for eight dwellings, which involved a greater extent of impermeable area. Although the previous scheme was refused on other grounds, the [name] report for that application3 concluded that, subject to a satisfactory drainage strategy secured by condition, the proposal would not materially increase flood risk. The Council has not indicated any material changes to the appeal site since that time which would warrant a different approach in respect of the current appeal proposal. 3 Application Ref; 18/01865/FULD

Consequently, I consider that any outstanding matters in regard to surface water drainage could be sufficiently controlled by one of the suggested conditions, as this requires a detailed design to be specified prior to the commencement of development. Subject to this planning condition, the proposal would include an adequate means of surface water drainage. Conditions would control the detail of the drainage scheme and its subsequent management and maintenance. I therefore conclude that the proposal would not increase surface water flooding elsewhere.

Furthermore, while it does not override planning requirements, the disposal of surface water is also a statutory obligation under Building Regulations. Since 2024, the regulations mandate the provision of sustainable and multi-functional SuDS. These obligations apply independently of planning consent.

Consequently, subject to a suitably worded planning condition which would require details of sustainable drainage measures to manage surface water to be agreed with the Council prior to development taking place, including a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels, I am satisfied that surface water from the development site would be adequately dealt with and would ensure that surface water flooding would not be increased elsewhere.

It would be in accordance with Policy SP6 of the Local Plan Review and Policy CAP5 of the [site address] Neighbourhood Development Plan 2021-2039 (January

( [site address] NDP). Together these policies require all development sites, in order to restrict or reduce runoff, to manage surface water drainage through the use of [name] (SuDS) in accordance with national standards and best practice. Restriction to greenfield run-off rates and volumes, for all new development on undeveloped sites should be provided, unless it can be demonstrated that this is not achievable, for all rainfall events up to and including the 1 in 100 year, including an allowance for climate change. SuDS should also provide other benefits where possible such as water quality, biodiversity and amenity. Developments that increase flood risk—whether from surface water, groundwater, fluvial sources, or sewer systems—are unlikely to be supported.

It would also be in accordance with advice within the National Planning Policy Framework 2024 (the Framework) which states that applications which could affect drainage on or around the site should incorporate sustainable drainage systems to control flow rates and reduce volumes of runoff, and which are proportionate to the nature and scale of the proposal.

Local residents have expressed a wide range of concerns including the impact on trees, loss of green space and biodiversity and impact on ecology, including the [name] (BNG) metric. However, having considered the technical evidence before me and the views of the relevant statutory consultees and that of the Council, I consider that a number of these matters can be controlled and maintained by appropriately worded conditions.

Furthermore, interested parties have also raised concerns in regard to the impact of the proposals on parking, access, highway safety and road congestion. However, again, having considered the technical evidence before me, it is considered that with suitably worded conditions attached, the proposal would not result in a severe impact on either highway safety or on the road network.

The density and design of the dwellings have also been queried by local residents. However, the Council raised no concerns in this regard, and I have no substantive evidence to lead me to a different conclusion.

The concerns of existing occupiers of the neighbouring properties with regards to resale potential property values is purely of private interest and would not be a consideration which I could give any weight to. The concerns raised in regard to the timing of when the site notice was posted is an administrative matter to take up with the Council. It does not materially affect my consideration of the planning merits of

It has been suggested that neither the Council’s decision nor the [name] had regard to the [site address] NDP. However, the Council’s delegated report and decision notice referenced relevant policies within the [site address] NDP. Furthermore, the [name] includes numerous references to these policies and provides copies within Appendix 4 of its statement. Therefore, I am satisfied both parties had due regard to the [site address] NDP.

Furthermore, the [site address] NDP did not introduce changes to policies relating to surface water drainage and flood risk. Policy CAP5 (Minimising the Risk of Flooding) is required to be consistent with the Council’s development plan policies and with national policy set out in Chapter 14 of the Framework. The proposal has been assessed against these policies.

The appellant states that the scheme was designed to avoid adverse effects on the living conditions of neighbouring occupiers. The Council’s delegated report confirms that the proposal would not result in harmful impacts on the amenities of neighbouring properties, having regard to separation distances and the position and size of window openings. I have no substantive evidence before me to reach a different conclusion on these matters.

The conditions set out in the accompanying schedule are based on those suggested by the Council. These conditions have been considered against the tests of the Framework and advice provided by the Planning Practice Guidance (PPG) on conditions. I have undertaken some minor editing and rationalisation in the interests of precision and clarity. Those included in the schedule are found to be reasonable and necessary in the circumstances of this case.

Alongside the aforementioned condition for a sustainable drainage scheme to be submitted, a condition setting a time limit for commencement of the development is required by statute. It is appropriate that there is a condition requiring the development to be carried out in accordance with the approved plans for certainty.

Condition 4 is required to safeguard the living conditions of adjoining land uses and occupiers and in the interests of highway safety. Conditions 5 and 6 are attached in the interests of highway safety, with condition 5 also required to ensure adequate provision for pedestrians.

In the interests of the character and appearance of the area, condition 7 is required. Condition 8 is attached to ensure the development delivers a biodiversity net gain on site, alongside the mandatory [name], which is deemed to be applied by Schedule 7A of the Town and Country Planning Act 1990.

In the interests of the character and appearance of the area, conditions 9 and 10 are both attached. Condition 11 is necessary to ensure that the development encourages the use of electric vehicles. In the interests of highway safety, both conditions 12 and 13 are required, with condition 13 also required to ensure that the development is provided with adequate parking facilities. To encourage the use of cycles, condition 14 is necessary.

Compliance with the submitted energy statement should be secured via condition 15 to secure sustainable construction measures. To ensure the development is designed to be water efficient and reduce water consumption, condition 16 is attached. To safeguard the living conditions of the adjoining land uses and occupiers, condition 17, restricting the hours of work, is required. Conditions 18 and 19 are both required to ensure the conservation and enhancement of the biodiversity assets of the site. Condition 20 is attached to ensure the adequate safeguarding of protected species.

To ensure the protection of trees, compliance with the submitted [name] would be secured via condition 21.

In the interests of the living conditions of the occupants of the neighbouring dwellings, a condition removing the permitted development rights in relation to windows/dormer windows is necessary and would be secured via condition 22. Conditions 23 and 24 remove permitted development rights in relation to extensions and outbuildings, and gates, fences and walls or other means of enclosure in the interests of the character and appearance of the area.

For the reasons set out above, having considered all other matters raised, I conclude that the appeal is allowed.

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

The development hereby permitted shall be carried out in accordance with drawing nos: Drawing 2210 100 Location and Block Plan Drawing 2210 101 Site plan Drawing 2210 103 [name] 2210 105 [name] 2210 301 Proposed garages / car-port Drawing 2210 302 Proposed cycle / bin store Drawing 2210-3 103 Plot 3 - proposed plans and elevations Drawing 2210-4 103 Plot 4 - proposed plans and elevations Drawing 2210A [address] elevations Drawing 2210A 110 Site cross sections Drawing 2210A-1 103 Plots 1 & 2 - proposed plans and elevations [name]-22-0063-001 [name] .

No development shall commence until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the local planning authority. These details shall: a. Incorporate the implementation of [name] methods (SuDS) in accordance with the [name] for SuDS (March 2015), the [name] C753 (2015) and [site address] Council local standards, particularly the WBC SuDS Supplementary Planning Document December 2018; b. Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels; c. Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site to an existing watercourse at no greater than Greenfield run-off rates; d. Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site; e. Include detailed run-off calculations, discharge rates and storage capacity calculations for the proposed SuDS measures, identifying connectivity between the features, based on a 1 in 100 year storm +40% for climate change; f. Include flood water exceedance routes, both on and off site; Include flow routes such as low flow, overflow and exceedance routes; g. Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil or groundwater; h. Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines; i. Include details of how the SuDS measures will be maintained and managed after completion. These should be site specific and detail the party responsible for the maintenance regime. The above sustainable drainage measures shall be implemented in accordance with the approved details before the building hereby permitted is first used or in accordance with a timetable to be submitted and agreed in writing with the local planning authority as part of the details submitted for this condition. The sustainable drainage measures shall be maintained and managed in accordance with the approved Condition thereafter.

No development shall take place until a [name] has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. The statement shall provide for: a. The parking of vehicles of site operatives and visitors b. Loading and unloading of plant and materials c. Storage of plant and materials used in constructing the development d. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing e. Wheel washing facilities f. Measures to control the emission of noise, dust, dirt, smell and other effluvia during construction g. A scheme for recycling/disposing of waste resulting from demolition and construction works h. A site set-up plan during the works i. the control of rats and other vermin j. the control of surface water run-off k. the proposed method of piling for foundations (if any) l. No deliveries between 0800-0900 or 1700-1800 or at the start and end of the nearby schools

No development shall take place until details of a 2 metre wide footway on the south-western side of [site address] from the access to the junction with [address], and the pedestrian waiting point on [site address] have been submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until the footway has been provided in accordance with the approved scheme and any statutory undertaker's equipment or street furniture located in the position of the footway has been re-sited to provide an unobstructed footway.

No development shall take place until details of the surfacing arrangements for the vehicular access to the highway have been submitted to and approved in writing by the local planning authority. Such details shall ensure that bonded material is used across the entire width of the access for a distance of 5 metres measured back from the carriageway edge. Thereafter the surfacing arrangements shall be constructed in accordance with the approved details.

No development shall take place until details of existing and proposed ground levels, and finished floor levels of the dwellings, have been submitted to and approved in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved details.

The development shall not commence until a [name] and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan (BGP) has been submitted to and approved in writing by the local planning authority. The HMMP shall be prepared to accompany the Biodiversity Gain Plan and shall be submitted for approval alongside or after the submission the BGP. The HMMP shall include:

a non-technical summary;

the roles and responsibilities of the people or organisation(s) delivering the HMMP;

the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority . The details provided in relation to point (5) shall ensure that, as a minimum, monitoring takes place in 2 years, 5 years,10 years,15 years, 20 years, 25 years, 30 years following completion of the development. For the purposes of this condition, completion of development shall be taken as the ‘completion of Erection of 4 dwellings and associated works’. No occupation shall take place until:

the habitat creation and enhancement works set out in the approved HMMP have been completed; and

a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the local planning authority . Notice in writing shall be given to the Council when the:

HMMP has been implemented; and

habitat creation and enhancement works as set out in the HMMP have been completed. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP. Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP. Where monitoring identifies the required habitat condition is not being maintained in accordance with the Biodiversity Gain Plan, the submission to the local planning authority shall include any necessary remedial measures, and thereafter any such measures shall be caried out within a timescale agreed with the local planning authority. Supplemental reports may be required pursuant to this condition where necessary.

No construction above ground level shall take place until a schedule of the materials to be used in the construction of the external surfaces of the development hereby permitted, has been submitted to and approved in writing by the local planning authority. Samples of materials shall be made available upon request. Thereafter the development shall be carried out in accordance with the approved materials.

No dwelling shall be first occupied until the hard landscaping of the site has been completed in accordance with a hard landscaping scheme that has first been submitted to and approved in writing by the local planning authority. The hard landscaping scheme shall include details of any boundary treatments (e.g. walls, fences) and hard surfaced areas (e.g. driveways, paths, patios, decking) to be provided as part of the development.

No dwelling shall be occupied until electric vehicle charging points have been provided in accordance with the approved drawings. The charging points shall thereafter be retained and kept available for the potential use of electric cars

No development shall take place until visibility splays of 2.4 metres by 56.0 metres have been provided at the access. The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level.

No dwelling shall be occupied until the vehicle parking and/or turning space have been surfaced, marked out and provided in accordance with the approved plan(s). No doors shall be erected on the front of the car ports to enclose them. The parking and/or turning space shall thereafter be kept available for parking at all times.

No dwelling shall be occupied until the cycle parking has been provided in accordance with the approved drawings and this area shall thereafter be kept available for the parking of cycles at all times.

The development shall be carried out in full accordance with the approved [name] by [name] dated January 2023 and received 26.11.2024, and no dwelling shall be first occupied until all approved measures have been completed.

All new residential developments shall meet the Building Regulations optional higher water efficiency standard of 110 litres per person per day, using the ‘[name] as set out in table 2.2 of the Building Regulations part G2. No dwelling hereby permitted shall be occupied until this standard has been achieved for that dwelling. This standard shall be complied with for that dwelling and retained in perpetuity thereafter.

No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 07:30 and 18:00 Monday to Friday and 08:30 to 13:00 Saturdays and at no time on Sundays or Bank or National Holidays.

No external lighting shall be installed within the application site until a “lighting design strategy for biodiversity” shall be submitted to and approved in writing by the local planning authority. The strategy shall: - Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; - and show how and where external lighting will be installed (through the provision of appropriate Isolux contour plans and technical specification sheets) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

No dwelling shall be occupied until all the ecological enhancement recommendations in the Ecological Impact Assessment (February 2022, Ethos Environmental Planning) have been implemented in full and photographs of the features in-situ submitted to the local planning authority.

All ecological measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (February 2022, Ethos Environmental Planning).

The Arboricultural Report Ref: DPA7004 / AIA / REV 1 by [name] received 26.112024 shall be implemented in full and tree protection measures and works carried out in accordance with the Assessment. No changes shall be made to the works unless amendments have been submitted to and approved in writing by the local planning authority and shall include details of any changes to the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) which would otherwise be permitted by Schedule 2, Part 1, [name], B and/or C of that Order shall be without planning permission being granted by the local planning authority on an application made for that purpose.

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no extensions, alterations, buildings or other development which would otherwise be permitted by Schedule 2, Part 1, [name], B, C and/or E of that Order shall be carried out, without planning permission being granted by the local planning authority on an application made for that purpose.

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, re-enacting or modifying that Order with or without modification), no gates, fences, walls or other means of enclosure which would otherwise be permitted by Schedule 2, Part 2, Class A of that Order shall be erected, constructed, or materially altered without planning permission being granted by the local planning authority on an application made for that purpose. This restriction excludes any development expressly permitted by this permission and does not prevent repairs or replacements (in full or in part) that do not materially affect the external appearance of any gate, fence, wall or other means of enclosure.