Appeal 6000743

The appeal is allowed and planning permission is granted for erection of 1 no. part single-storey, part two-storey dwelling with associated access, parking and landscaping on land to the rear of [address], Twickenham, Richmond upon Thames [postcode] in accordance with the terms of the application, Ref 24/3066/FUL, and the plans submitted with it, subject to the conditions in the attached schedule.

I have amended the description in my formal decision for clarity.

The Council’s reason for refusal references the Publication Local Plan (Regulation 19). The Richmond upon Thames Local Plan 2024-2039 (LP) was formally adopted on 7 October 2025 and therefore I have determined the appeal in accordance with it.

The main issue is whether the proposal including its backland location would preserve the character or appearance of the Twickenham Green Conservation Area (CA) and the setting of a Building of [name] (BTM).

The CA is centred on Twickenham Green (‘The Green’), a large triangular shaped area of green open space enclosed by mature trees and good quality historic townscape. The CA gains significance from its architectural and historic interest.

The appeal site lies to the west of The Green. The L-shaped appeal site is accessed via an existing driveway serving [address], with the site extending along the rear boundaries of nos [address], a busy main road. No 24 is a BTM, deriving significance from its architectural interest including its distinctive Dutch gable and castellation.

Whether the appeal site once formed part of the garden of no 24, is a matter of dispute between the main parties. Notwithstanding this, it is clearly an undeveloped area of ground, enclosed largely by historic brick boundary walls. It contains a number of large trees which are visible from outside the site, including from [address] and The Green. This, together with the long rear gardens of properties on [address] and [address], results in a substantial area of green open space behind the buildings on [address] which, contributes positively to the quiet and verdant character of this part of the CA.

The site’s location to the rear of [address] means that Policy 15 of the LP applies. This, amongst other things, places an emphasis on optimising housing delivery on all suitable sites, including backland development, subject to following a character and design-led approach.

The proposal comprises a contemporary dwelling, sited in the north-eastern part of the appeal site. The proposed siting of the dwelling at one end of the site means that it would be adjacent to an existing building at [address]. This would leave the remaining part of the site as garden area, including that part of the site to the rear of [address]. This would preserve the open setting of the BTM and would not detract from its significance. As a result, the proposal would have a neutral effect on the setting of the BTM.

The part single-storey, part two-storey form with a flat roof, significantly reduces the overall height and bulk of the building when compared to a traditional pitched-roof form. Although the appeal building would be visible in limited views from The Green and [address], it would be experienced within the context of the surrounding townscape. Its contemporary architectural language has deliberately avoided seeking to replicate surrounding buildings, but the use of local materials such as [name] stock brick, painted render and timber cladding means that the development would sit comfortably within the established character of the area.

I have had regard to the duty in section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 which requires that I pay special attention to the desirability of preserving or enhancing the character or appearance of the CA. The proposal would lead to the loss of some green space. However, in this case, that loss does not amount to harm. The evidence shows that 97% of the open space behind [address] would remain undeveloped. Furthermore, the existing trees on the site would be retained, and a comprehensive landscaping scheme is proposed. The inclusion of a green roof on part of the appeal building would further mitigate some of the loss. These measures could be secured by condition.

There is also no substantive evidence before me that the comings and goings associated with the occupation of a single dwelling on the appeal site would detract from the quiet character of the area, given the busy nature of [address].

I have had regard to the 1996 and 2024 appeals but as these both relate to proposals for a greater number of dwellings than the appeal before me, they are not comparable and therefore attract limited weight.

Drawing everything together, I conclude that the backland development proposed in this appeal would preserve the setting of the BTM and the significance of the CA. The proposal would preserve the character and appearance of the CA. I therefore find no conflict with Policies 15, 28 and 29 of the LP which seek high quality design which respects the character of the local area and conserves the historic environment.

The Council have accepted the findings of the appellant’s Viability Report1 which concludes that if the scheme were it to deliver any financial contribution towards affordable housing in accordance with Policy 11 of the LP, it would be unviable. Notwithstanding this, the appellant has submitted a signed a [name] (the UU) dated 14 April 2025, made under section 106 of the Town and Country Planning Act 1990, to secure a financial contribution of £23,000 towards off-site provision of affordable housing.

However, I have nothing before me to indicate how that sum has been arrived at or how it complies with Regulation 122 of the [name] (CIL) Regulations 2010. With reference to Paragraph 58 of the National Planning Policy Framework (the Framework), it has not been demonstrated that the UU would be necessary to make the development acceptable in planning terms. I have therefore been unable to afford it any positive weight in my decision to allow the appeal.

The submitted [name] Report2 demonstrates that measures could be taken to prevent harm to existing trees on site during the construction phrase. It also demonstrates that the juxtaposition of the proposed dwelling and existing trees, particularly the one the subject of a Tree Preservation Order, is such that it is unlikely to lead to demands for felling or severely pruning existing trees in future on the basis of shading or falling debris. In the absence of substantive evidence to the contrary, I am satisfied that the proposed development would not have a harmful effect on existing trees.

Whilst the dwelling would be close to the boundary with No [address], resulting in some shading to part of the garden and the garden studio, the part single storey and flat roof design would not result in overshadowing to a harmful extent. As the dwelling would be located to the north west of [address] there would not be any harmful overshadowing to the neighbouring rear garden.

Windows at first floor level would serve bathrooms. Obscure glazing secured by condition to these windows and the utility room window at ground floor level would prevent overlooking of neighbouring occupiers.

Flood risk, highway safety and ecology matters were all considered by the previous Inspector3 who found no harm in these respects. In the absence of compelling evidence to the contrary and given that the scheme before me is for a lesser number of dwellings, I find no harm in these respects subject to appropriate

As most of the vegetation on site was removed prior to 2020, the Council are satisfied that the measures set out in the [name] Strategy4 are sufficient to mitigate the effect of the development and I see no reason to conclude otherwise. This could be secured by a planning condition. 1 [name] dated December 2024 2 [name] dated December 2024 3 Appeal Ref: APP/L5810/W/23/3325414 at [address], Twickenham [postcode] Erection of 1 no. single storey dwelling and a pair of two storey semi-detached dwellings with associated access, parking and amenity space 4 [name] dated October 2024

A condition to secure the implementation of a fire safety strategy will minimise fire safety risks.

I have had regard to the advice in the Planning Practice Guidance, and the conditions suggested by the Council. I have considered all the suggested conditions and imposed them where they meet the tests set out in Paragraph 57 of the Framework, amending where necessary for the sake of simplicity, clarity and precision, including removing unnecessary tail pieces.

In addition to those conditions which I have already referred to and the standard time condition (1), it is necessary to specify the approved plans in the interests of certainty (2).

A condition (3) securing a sustainable drainage system is necessary to prevent the increased risk of flooding. This must be pre-commencement as the necessary measures are likely to be underground and it would be necessary to ensure that measures could be agreed and put in place during the relevant period of the construction to prevent problems with surface water management. The appellant has provided their agreement to the condition being imposed.

Condition 4 securing tree protection measures and to ensure that work is carried out on site in accordance with the arboricultural implications report is necessary to ensure that the development does not cause harm to the trees on site. Condition 5 is necessary to secure the implementation of the Construction Traffic Management Plan to limit the impact of the construction works on the living conditions of neighbouring occupiers.

It is necessary to secure further details of the green roof (6) in the interest of visual amenity and biodiversity but details or samples of materials to be used for the external surfaces of the building are not necessary as these are detailed in the application submissions.

Condition 7 is necessary to comply with development plan policy and in the interests of fire safety and condition 8 is necessary in the interests of accessibility.

The Council’s suggested conditions relating to energy reduction, water consumption and the installation of PV panels can be secured by a condition (9) requiring the measures set out in the [name] to be implemented, to comply with the development plan and ensure energy consumption is minimised.

Condition 11 to secure details of boundary treatment is necessary in the interest of the visual appearance of the development and the living conditions of neighbouring occupiers. Conditions to secure obscure glazing (12) and remove permitted development rights (15) are necessary to protect the living conditions of neighbouring occupiers and to preserve the character or appearance of the CA respectively.

Implementation of the landscaping scheme (13) is necessary in the interests of the character and appearance of the area. Securing the implementation of ecological enhancements (10) and details of external lighting (14) are necessary in the interests of biodiversity.

Conditions securing details of cycle parking and refuse storage facilities are not necessary as they are shown on the approved plans. A condition preventing refuse from being stored in the open is not necessary in the interests of visual appearance, as refuse storage facilities are proposed and the site is well screened from [address].

The proposed development adheres to the development plan and there are no material considerations that outweigh this finding. Accordingly, 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: 0648 (00) 00; 0648 (01) 01 [name]; 0648 (01) 02 [name]; 0648 (01) 03 [name]; 0648 (01) 04 [name]; 0648 (01) 05 [name]; 0648 (01) 06 [name]; 0648 (01) 07 [name]; 0648 (01) 08 [name].

No development shall commence until details of the proposed sustainable drainage system to be incorporated in the development, along with details for its long-term management and maintenance which demonstrates green run off rates are achieved, shall be submitted to and approved in writing by the local planning authority. The dwelling hereby permitted shall not be occupied until the approved scheme shall have been fully implemented and it shall thereafter be operated and maintained in accordance with the approved scheme.

All works including site clearance, preparatory work and construction shall be carried out in accordance with the [name], Construction Tree Protection Plan and Landscape Tree Protection Plan contained within the [name] by [name] dated December 2024.

The construction works including site clearance and preparatory work shall be carried out in accordance with the Construction Traffic Management Plan by Motion dated 25 November 2024.

Prior to the commencement of above ground works, details of the biodiverse (green) roof and a maintenance plan shall be submitted to and approved in writing by the local planning authority. The biodiverse (green) roof shall be implemented in accordance with the approved details and planted/seeded with the agreed mix of species within the first planting season following the practical completion of the building works. It shall thereafter be maintained for the lifetime of the development.

The development shall be carried out in accordance with the provisions of the [name] by [name] dated 26 November 2024.

The dwelling hereby permitted shall comply with the requirements of Part M4(2) of the Building Regulations 2010 (as amended).

Prior to first occupation of the dwelling hereby permitted, the measures detailed within the [name] by Green Tiger Sustainability dated 29 November 2024 shall be incorporated into the approved development.

Prior to first occupation of the dwelling hereby permitted, the [name] contained within the [name] by [name] dated October 2024 shall have been completed and thereafter retained for the lifetime of the development.

Prior to first occupation of the dwelling hereby permitted details of the positions, height, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the local planning authority. The boundary treatment shall be completed in accordance with the approved details before the dwelling is first occupied.

Prior to the first occupation of the dwelling, the window in the south east elevation serving the master ensuite and the windows in the north west elevation serving the bathroom and utility room shall be fitted with obscured glazing, and no part of those windows that is less than 1.7 metres above the floor of the room in which it is installed shall be capable of being opened. Details of the type of obscured glazing shall be submitted to and approved in writing by the local planning authority before the window is installed and once installed the obscured glazing shall be retained thereafter.

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the dwelling or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Prior to the installation of external lighting, full details including height, design, location, intensity and technical specification shall be submitted to and approved in writing by the local planning authority. The lighting installation shall then be carried out in accordance with the approved details.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development permitted by virtue of [name], AA, B, C and E of Part 1 of Schedule 2 to the Order shall be undertaken. End of schedule