Appeal 6000783

The appeal is allowed and planning permission is granted for the construction of 8 no. 1 bedroom apartments and all associated works at [site address] , Telford, [postcode] in accordance with the terms of the application, [name]/2025/0159, and the plans submitted with it, to the conditions in the attached schedule.

The proposed development consists of two blocks. The appellant refers to the larger block with 6 flats as ‘[name] and the smaller with two flats as ‘[name]. Purely for convenience I shall adopt these designations. The Council’s first Reason for Refusal (RfR) appears to relate solely to ‘[name], and accordingly I shall focus of the effects of this block in my assessment of effect on character and appearance in the appeal.

The Emerging Telford & Wrekin Local Plan (ELP) is at the Regulation 19 stage and has not yet been submitted for examination. The Council refers to ELP policies DD1 and ST5 in its RfR. Based on the early stage of its adoption I have only afforded limited weight to the policies of the emerging plan.

The main issues are: • The effect of the proposed development of ‘[name] on the character and appearance of the area, • The effect of the proposal on the living conditions of adjacent residents, especially [address] (No 10) with particular regard to access to sunlight and daylight and effect on outlook, and • The effect on highway safety, with respect of the suitability of the parking layout to accommodate the parking needs of the proposal.

The appeal site is a vacant plot in a backland location within the large village of Admaston. The site at the end of a service driveway that also serves the car park of ‘The Pheasant Inn’ public house and two other dwellings. Local built form comprises of a variety of styles and scales, predominantly being two-storey and of traditional brick designs. The site is vacant land that includes some small self-set shrubs and has an overgrown appearance. As such the site makes a neutral to negative contribution to the character and appearance of the area.

‘[name] would address the service road, providing a focal point at the top of the road. Its front building line would be generally consistent with No 10 and be a comparable width. It would include single storey wings to its sides that would assist in disaggregating its overall mass. However, because of its depth, the building would project past the rear building line of No 10 and would have a greater footprint that most nearby buildings. Nonetheless, in being two-storey and having a comparable frontage width to nearby examples, the proposed block would not be out of scale with local built form and could be accommodated on site without causing wider effects.

In design terms, the frontage of ‘[name] would have two bay windows at ground floor, with a central front door, and Georgian style windows above. Windows of the remaining elevations would continue the proposed style, creating an overall consistent design. The building would consist of brick and render sections and have a largely hipped roof, hiding a crown roof in its middle. These features would not be over-complicated and would result in a building of good design that would suit the traditional appearance of local built vernacular. Furthermore, the proposed development would provide the required external shared space and sufficient parking to create a successful living environment. Consequently, the proposed development would not result in a cramped form of development.

The site’s frontage would include four parking spaces and a pathway to the front door. The hardstanding created by these features would be interspersed with areas of landscape planting. These would soften the overall appearance of this space and create a pleasant setting for ‘[name].

Accordingly, the proposal would complement the character and appearance of the area. As such, the proposal would accord with policy BE1 of the Telford & Wrekin Local Plan [2018] and, although of limited weight, ELP policy DD1, with regard to effect on character and appearance. These policies seek, among other matters, for development to respond positively to a sites context and make a positive contribution to an area’s character.

The neighbouring detached dwelling, of No 10, is two-storey, with a relatively large rear garden. It includes a cat-slide roof over a single storey component on its righthand side. This part of the neighbouring dwelling is adjacent to the shared boundary of the site, with ‘[name] beyond. The two neighbouring plots are on level ground, separated by a wooden boundary fence. The principal windows of the neighbouring house, are front and rear facing, with the closest ground floor rear window serving a W/C.

The proposed buildings would be located to the rear and side of the neighbouring dwelling. The nearest windows of No 10, that serve habitable rooms, are a considerable distance from the side boundary. Also, the nearest sections of ‘[name] are single-storey only. These are subservient to the two-storey part of the building and create a considered off-set from the shared boundary. Views towards ‘[name] from the neighbouring rear windows, would be oblique. As such, due to the extent of separation and in being only I oblique views the effect of ‘[name], on the outlook from No 10 would be limited. This effect would be further reduced as the rearmost part of ‘[name] would be stepped in from the main side boundary of the building, providing greater relief.

Furthermore, views of ‘[name] from within the rear garden, would have a minimal effect on the general sense of spaciousness around the rear garden. Moreover, the separation distance between the rear elevation of No 10 and ‘[name] would be sufficient to prevent an adverse effect on the occupier’s outlook. As a result, the relationship between ‘[name] and ‘[name] and the rear elevation and garden of No 10 would be acceptable and not regarded as being overbearing.

In terms of sunlight and daylight levels, ‘[name] would be to the southwest of No 10. As a result, it could reduce sunlight levels at the latter parts of a day, close to sunset. However, due to the proximity of existing housing, such as ‘[address]’ and ‘[address]’, any additional reduction of direct sunlight to the rear windows and the garden of No 10 would be likely to be minimal. For a similar reason, and due to the generally open character of the plot and its surroundings, a material loss of daylight to this plot would also be unlikely.

Consequently, the proposal would create an acceptable relationship with the occupiers of existing residential dwellings, with regard to outlook, sunlight and daylight. Accordingly, the proposal would comply with LP policy BE1 and ELP policy DD1, with respect to effect on living conditions. These seek, inter alia, for development to demonstrates no significant adverse effects on neighbouring properties.

Parking provision for both blocks would be provided on the frontage of ‘[name] and within a courtyard to its rear. The provision of 11 spaces for 8 flats meets the Council’s numerical parking requirements, and the parking provision and configuration has raised no objection from the Highway Authority.

Although noting that the rear parking courtyard is small, it provides adequate manoeuvring space to enable motorists to turn around within. Indeed, this is demonstrated by the appellant’s [name] [June 2025]. This demonstrates, with swept path analysis and a 7.2 metre aisle width, that there would be adequate space for vehicles to manoeuvrer and exit the car park in a forward gear. This therefore complies with the National Planning Policy Framework (the Framework) in seeking to only refuse development that would result in an unacceptable impact on highway safety.

Accordingly, the proposal complies with LP policies C5 and BE1, ELP policies ST5 and DD1 and the Framework, regarding highway and parking matters. These seek, among other matters, for development to ensure parking is fit for purpose is good quality and convenient.

The side windows of ‘[name] would serve a kitchen and W/C at ground floor and a W/C at first floor, adjacent to No 10. These would be close to the side wall and roof of No 10, obscuring most views, but could provide oblique views into parts of the rear garden of No 10. As such, these windows could be obscurely glazed, secured by condition, to prevent any overlooking. On the opposite elevation of ‘[name], obscure glazing would also prevent overlooking towards ‘[address]’ and ‘[address]’. Also, concerns have been raised by the occupier of [address] (No 12) with respect to overlooking from the rear of ‘[name] towards the neighbour’s garden. Nevertheless, the rear elevation of ‘[name] is a considerable distance from the shared boundary with No 12 and would only provide views towards the end most part of No 12’s garden, resulting in a limited loss of privacy.

Adjacent occupiers have also raised concerns with respect to the effect of the proposal of neighbours’ living conditions in terms of overshadowing and on outlook. ‘[name] would be to the east of ‘[address]’ and ‘[address]’ potentially affecting morning sunlight. Nonetheless, the frontages of the neighbouring dwellings address the side boundary of the site and are recessed a significant distance from the boundary. Due to the separation distance, it is unlikely that the proposal would cause a substantive loss of sunlight or daylight. Also, this limited effect would be further reduced as it would only impede sunlight for a short period of the early day (if at all). Also, for similar reasons the effect on outlook to these neighbours would be modest only due to the separation distance between ‘[address]/[address]’ and ‘[name].

Interested parties have raised concerns about the refuse collection needs of the scheme. The Council’s Waste Team has stated that its refuse collection service would be unable to service the site directly from the main road. This would result in refuse bins needing to be placed at kerbside, causing a large cluster of bins in a confined space. However, the access drive and site are of sufficient size to accommodate a privately operated refuse vehicle. Such an arrangement could be detailed in a Waste Management Plan, that could be secured by a condition.

[address] is a classified B-Road. The access drive into the site is shared with the public house and existing dwellings. I note the concerns raised by interested parties with respect to the busy nature of the highway, the popularity of the public house car park and the parking associated with No 10. Nonetheless, the proposal complies with the Council’s parking requirements and is deemed suitable. The limited number of additional vehicles associated with the scheme would have a negligible effect on the operation of the access and access road. Furthermore, the access road is of sufficient width to accommodate two cars passing each other and to accommodate a refuse and emergency vehicle. Therefore, the proposal would be able to operate well in highway safety terms, a conclusion shared by the Highway Authority.

The submitted initial drainage details demonstrate that surface water would be collected in soakaways within the site. The Council’s drainage team has raised no objection to the drainage details, subject to the provision of a condition seeking final details. As a result, I am satisfied that the scheme could be suitably drained in accordance with the Council’s requirements.

The appeal site is located adjacent to a car park serving the public house. The appellant’s Acoustic Assessment identifies that noise from [address] and the public house as entertainment noise and noise from patrons using the beer garden would be negligible. I have no reason to disagree with these findings; a conclusion shared by the Council.

Furthermore, whilst the site would create new residential activity, such activity would be appropriate within this built-up residential area and would not result in a material degradation of neighbouring residents living conditions in terms of noise effects. Also, construction noise would be temporary, reserved for day-time use only and controlled by Environmental legislation, preventing an adverse effect.

The provision of rubbish bins within the site would inevitably follow from any residential scheme approved on the site. Concerns raised by local residents with respect to smell and pest issues caused by bins would be managed by a robust waste management strategy that could be secured by condition.

I have considered the use of conditions in line with the guidance set out in the Planning Practice Guidance (PPG). I shall take the Council’s suggested conditions into consideration and imposed these with some amendments and adjustments for clarity.

I have imposed the standard conditions with respect to timeframe and approved plans as advised by the PPG for clarity and certainty [conditions 1 and 2]. Conditions are required, with respect to details of a Construction Environmental Management Plan and off-site highway works, to ensure the highway would function well during construction and once operational the means of access operate in a safe manner [3 and 4]. Also, it is necessary for the proposal to provide the parking areas and cycling parking store to ensure it provides a sustainable travel provision [8 and 9].

A habitat Monitoring and Management Plan, details of ecological enhancements and details of any external lighting are required to ensure the enhancement of on-site biodiversity [6, 10 and 11]. A condition to secure details of a sustainable drainage strategy is required to ensure the site is adequately drained and would not increase off-site flooding [5]. Conditions 7 and 13, seeking details of materials and the installation of the landscaping details, would be required in the interests of the character and appearance of the area. A refuse management plan would be required to ensure the site is properly serviced by refuse vehicles in the interests of neighbours’ living conditions [12]. Furthermore, a condition to require the side facing windows to be obscurely glazed would be necessary to protect the privacy of neighbouring occupiers [14].

For the above reasons, the appeal is allowed, subject to conditions.

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

The development shall be carried out in accordance with the deposited plans and drawings comprising: [name]. 1304_01C - Site Location Plan as existing, Site Block Plan as proposed, [name]. 1304_03C - Site Plan as proposed, [name]. 1304_04C - [name] - as proposed, APARTMENTS 1 – 6, [name]. 1304_05B - [name] - as proposed, Apartments 7 + 8, and [name]. 1304_06A - cycle store and bin store.

Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The plan should include the following: · Parking of vehicles of site personnel, operatives and visitors, · Loading/unloading and storage of plant and materials · Prevention of mud being deposited on highway, · Measure to mitigate against the impact of flash flooding to surrounding properties · Measures and proposed routes for control of construction traffic within the site and on the surrounding highway network, · Hours of operation of construction works and others works on the site, · Measures for the monitoring and enforcement of the plans (including contact details for Site/[name]), · Details for the erection and maintenance of any security hoarding, and · A Demolition Method Statement for any demolition proposed as part of the approved development. The CEMP shall be in written form, with key features outlined above also being identified on an appended site plan. The agreed CEMP shall be complied with at all times during construction work.

Prior to the commencement of development, a delivery programme for off-site highways works shall be submitted to and approved in writing by the Local Planning Authority. These highway works shall include the implementation of segregated pedestrian facilities, and a shared space transition feature, at the site access on [address] to safely accommodate pedestrian movement between the existing footway to the east and the internal shared space access driveway. The agreed details shall be implemented in accordance with the approved drawings and delivery programme prior to the occupation of the first dwelling.

Prior to the commencement of development, a scheme for both foul and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority. The details of the proposed surface water drainage scheme will be based on sustainable drainage (SuDS) principles and shall include: For soakaway drainage: a) The results of soakaway tests carried out 3 times in accordance with [name] 365, b) Soakaway calculations, based on the worst case result from the on-site tests and designed for a 1:100+ 45%CC rainfall event, c) A detailed drainage design including a plan showing the location of any soakaway. Soakaways should be located no less than 5m from any building or boundary, and d) Incorporate urban creep allowance as set out in Table 14 in TWC Local Flood Risk Management Strategy. For drainage to a watercourse, sewer or other waterbody is proposed: a) A detailed drainage design restricting the surface water discharge rate as near to greenfield rates as possible and by a minimum of 50% of that existing and attenuating all flows up to and including the 1 in- 100 year event + 45% for climate change. A minimum 50% restriction will only be agreed on submission of evidence that greenfield rates cannot be achieved, b) A drainage layout showing the location of any attenuation and flow control features. Any attenuation or flow control features serving more than one property should be located in an area of shared space or POS, (c) Details of a SuDS treatment and management train identifying the water quality, amenity and biodiversity benefits of the proposed SuDS system. This should include a suitable planting plan, and d) Incorporate urban creep allowance as set out in Table 14 in TWC Local Flood Risk Management Strategy. The approved details shall be implemented in full prior to the first occupation of the development.

Prior to the commencement of development, a 30 year [name] and Management Plan (HMMP), prepared in accordance with an approved Biodiversity Gain Plan, shall be submitted to and approved in writing by the local planning authority. The approved HMMP shall be strictly adhered to and implemented in full for its duration and shall contain the following: a) Description and evaluation of the features to be managed; b) Ecological trends and constraints on site that may influence management; c) Aims, objectives and targets for management - links with local and national species and habitat action plans; d) Description of the management operations necessary to achieving aims and objectives; e) Prescriptions for management actions; f) Preparation of a works schedule, including annual works schedule; g) Details of the monitoring needed to measure the effectiveness of management; h) Details of the timetable for each element of the monitoring programme; i) Details of the persons responsible for the implementation and monitoring; j) mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets; and k) Reporting on year 1, 2, 3, 5, 7, 10, 15, 20, 25 and 30, with biodiversity reconciliation calculations at each stage.

No development above ground floor slab level shall take place until samples of the types and colours of all external materials, including hard surfacing have 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 development hereby permitted shall not be brought into use until the areas shown on the approved plans for parking, loading, unloading and turning of vehicles has been provided, properly laid out, hard surfaced and drained. The space shall be maintained thereafter free of any impediment to its designated use.

The development hereby permitted shall not be brought into use until secure, waterproof and convenient cycle storage for 10 bicycles has been provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority and thereafter and maintained.

Prior to the first occupation of the buildings hereby permitted a suite of artificial nesting and/or roosting boxes shall be submitted to and approved in writing by the Local Planning Authority. The type and location of the features shall be set out and agreed, and the scheme shall then be undertaken in accordance with the agreed details. The artificial nesting/roosting boxes shall include; 2 woodcrete bat boxes or integral roosting features suitable for nursery or summer roosting for small crevice dwelling bat species, 2 woodcrete artificial nesting boxes or integral nesting features suitable for bird species such as robin, blackbird and tit species, 2 woodcrete artificial nesting boxes or integral nesting features suitable for house sparrow, and woodcrete artificial nesting boxes or integral nesting features suitable for bird species such as swallows, house martins and swifts. The boxes shall be installed in accordance with the agreed details prior to first occupation/use of the development hereby approved and thereafter maintained for the lifetime of the development.

Prior to the installation of any external lighting on the site a lighting plan shall be submitted to and approved in writing by the Local Planning Authority. The lighting plan must show the location of proposed external lighting as well as the specification and design of the fixtures to be erected. The development shall be carried out in accordance with the approved details and thereafter retained for the lifetime of the development. The submitted scheme shall be designed to take into account the advice on lighting set out in Bat Conservation Trust - Guidance Note GN08/23 Bats and [name] (Institution of [name], 2023). The development shall be carried out in accordance with the approved details and thereafter retained for the lifetime of the development.

The development hereby approved shall not be brought into use until a Refuse Management Plan, including management responsibilities and maintenance schedules for the refuse servicing arrangements serving the development has been submitted to and approved in writing by the Local Planning Authority. The Refuse Management Plan shall be implemented in full as approved for the lifetime of the development.

All hard and soft landscape works shall be carried out in accordance with the approved details and to a reasonable standard in accordance with the relevant recommendations of appropriate [name] 4428 : 1989. The works shall be carried out in the first available planting season or prior to the first occupation/use (whichever is sooner), of any part of the development or in accordance with a differing timetable agreed with the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced with others of species, size and number as originally approved, by the end of the first available planting season.

The side windows, serving flats 1, 3, 4 and 6 and being for kitchens and W/Cs, shall be obscurely glazed (equivalent to [name] 3) prior to the first occupation of these units. These shall be retained in perpetuity for the duration of the operation of the development. End of Conditions