Appeal 6000861

The appeal is allowed and planning permission is granted for the demolition of buildings, removal of caravan and construction of a detached dwelling with associated garage, parking and landscaping at [site address] , Tring, Hertfordshire [postcode] in accordance with the terms of the application, Ref 25/00960/FUL, and subject to the conditions in the attached schedule.

There is no dispute that a lawful development certificate was granted in 2002 on the appeal site for the stationing of a caravan for residential occupation (Council ref. 4/00048/02/LDE). During my site visit I observed that a static caravan was in situ towards the rear of the appeal site. The site also contained buildings which are understood to have been in use for many years as a farriery practice.

The appellant contends that a building on the eastern side of the site frontage has been used as a self-contained three-bedroomed dwelling since the 1990s. This is disputed by the Council. Based on the evidence before me, the lawful use of this building is unclear. It is also not for me, under a Section 78 appeal, to determine whether the use of this building for residential purposes is lawful. Instead, this would be a matter requiring separate determination under Section 191 of the Town and Country Planning Act 1990, independently of the outcome of the appeal. Therefore, for the purposes of this appeal, I have not treated this building as a dwelling.

On this basis and for the avoidance of doubt, I have amended the description of development in my formal decision above to more accurately reflect the scheme.

The appeal is made against the failure of the Council to reach a decision on the application within the relevant statutory timeframe. However, it has indicated that had it been able to issue a decision, it would have refused permission on the grounds that, applying the precautionary principle, it could not be certain that the development would not harm the integrity of the Chilterns Beechwoods Special Area of Conservation (SAC) which is a European Site as defined by the Conservation of Habitats and Species Regulations 2017 (as amended) (the Habitats Regulations).

Based on the Council’s evidence, the main issue is therefore the effect of the proposed development on the integrity of the Chilterns Beechwoods Special Area of Conservation.

The Chilterns Beechwoods SAC is an extensive area on the Chilterns escarpment with ancient woodland, acid commons with relict heath, ancient Beech pollards, chalk grassland and scrub. Its key qualifying features are beech forests on neutral to rich soils, semi-natural dry grasslands and scrub on chalk, and its stag beetle population.

The conservation objectives of this SAC include ensuring its integrity, including the extent, distribution, structure, function and supporting processes of the habitats, and ensuring the population and distribution within the site of each of the qualifying features, is maintained or restored. The principal pathway of impact on the SAC from developments relates to additional recreational pressure due to an increase in the local population resulting from new residential developments.

The appeal site is located within the 500m ‘[name] for residential development around [name] and Woods Site of Special Scientific Interest (SSSI). Within this zone, the Chilterns Beechwoods Special Area of Conservation Mitigation Strategy for [name] and [name] (the [name]) explains that there is a heightened risk to the SAC as recreational use is much higher from homes that are in easy walking distance of the site, and it is considered very difficult to deflect such access with alternative greenspace. There is therefore a presumption against development which results in a net increase in dwellings within this area.

The Mitigation Strategy states that all proposals which seek to deliver a net increase in residential dwellings and are located within the 500m [name] will be screened in and subject to an Appropriate Assessment. The appeal scheme would result in the replacement of a residential caravan (and other buildings on the site that were associated with the former commercial activity) with one dwelling. Replacement dwellings are screened out of requiring an appropriate assessment within the 500m avoidance zone by Table 2 of the [name].

Based on the evidence before me, the appeal scheme would result in the replacement of an existing residential unit (the static caravan), and thus no net increase in dwellings. I acknowledge that the scale of the five-bedroomed dwelling would exceed the scale of the static caravan. However, the pertinent issue is the proximity of the dwelling to the SAC and the consequential recreational pressure arising from it. As the appeal scheme is essentially a replacement dwelling, the impact on the SAC could be the same despite the increased size. In this particular case, as there would be no net increase in residential units, there would unlikely be any greater recreational impact. Thus, the development would not, either alone or in combination with other plans or projects, give rise to any [name] on the integrity of the SAC.

On this basis, an Appropriate Assessment is not required and nor would it be necessary to secure any mitigation. This is confirmed by Natural England who have raised no objection to the development and agree that no mitigation is required to avoid or reduce impacts in order to maintain the integrity of the European Site and its qualifying features.

For the above reasons, I therefore conclude that the development would not have an adverse effect on the integrity of the Chilterns Beechwoods Special Area of Conservation. This accords with Policy CS26 of the Dacorum Borough Council Core Strategy 2006-2031 (the CS) insofar as it seeks to ensure the Borough’s green infrastructure network, including designated sites, are protected and habitats and species are conserved. While the Council has referred to Policy CS25 of the CS, as this relates to landscape character it is not determinative in my consideration of this

As the appeal site is located within the Chilterns National Landscape (the NL), I am mindful of my statutory duty under Section 85 of the Countryside and Rights of Way Act as amended by section 245 of the [name] and Regeneration Act 2023 to seek to further the purpose of conserving and enhancing the natural beauty of the area. The National Planning Policy Framework (the Framework) requires great weight to be given to conserving and enhancing the landscape and scenic beauty of the area. The Council has not raised any specific concerns regarding the effect of the development on the setting of the NL in relation to its landscape and scenic beauty. Based on the evidence before me and my own observations of the site, I see no reason to come to a different conclusion and am satisfied that the appeal scheme would conserve the landscape and scenic beauty of this NL.

The Council has suggested several conditions which I have considered in light of the advice in the Framework and Planning Practice Guidance. Where appropriate, I have adjusted the wording of the conditions to improve precision and enforceability.

In addition to the standard three-year time limit condition for implementation, a condition that defines the approved plans is imposed in the interests of certainty. In the interest of preserving the character and appearance of the area I have imposed conditions requiring the submission of external materials, hard and soft landscaping, finished floor levels and external lighting details. However, I have adjusted the suggested timescale triggers as it is not necessary to prevent the commencement of all development on the site prior to submission of these details.

A condition relating to the investigation, remediation and verification of any contamination is also attached in the interests of the health and safety of future site users. I have also imposed a condition requiring the submission of a construction method statement to ensure appropriate construction practices are undertaken and in the interests of highway safety. To mitigate the risk of harm to local ecology and wildlife, I have also imposed a separate condition requiring compliance with the recommendations of the ecology and bat reports rather than combining this with the landscaping condition, in the interest of clarity.

For the reasons given above, I conclude that the appeal scheme accords with the development plan and the appeal should be 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 the following drawing nos and documents: PL001 [name] ‘Proposed Site Location Plan and Site Layout’, PL002 [name] ‘Site Block Plans’, PL101 [name] ‘[name] and Elevations’, PL102 [name] ‘[name] 0841.1.2 [name] ‘Landscape Master Plan’, MW.21.0801.AIA [name] ‘Arboricultural Assessment & [name].

No development shall take place, including any works of demolition, until a [name] has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) wheel washing facilities; v) measures to control the emission of dust and dirt during construction; vi) a scheme for recycling/disposing of waste resulting from demolition and construction works; vii) delivery, demolition and construction working hours. The approved [name] shall be adhered to throughout the construction period for the development.

No development shall take place until an assessment of the risks posed by any contamination, carried out in accordance with [name] 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency‚ [name] (LCRM) (or equivalent [name] and [name] if replaced), has been submitted to and approved in writing by the local planning authority. If any contamination is found, no development shall take place until: i) a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority; ii) the site has been remediated in accordance with the approved measures and timescale; and iii) a verification report has been submitted to and approved in writing by the local planning authority. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended until: iv) additional measures for the remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority; and v) a verification report for all the remediation works has been submitted to and approved in writing by the local planning authority.

No development above ground level shall take place until details (and samples upon request) of all external facing materials 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.

No development other than demolition shall take place until full details of the finished slab, floor and ridge level in relation to existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in accordance with the approved details.

No development above ground level shall take place until full details of both hard and soft landscape works has been submitted to and approved in writing by the Local Planning Authority. These details shall include: - all external hard surfaces within the site; - other surfacing materials; - soft landscape works including a planting scheme with the number, size, species and position of trees, plants and shrubs; - tree protection measures; - minor artefacts and structures (e.g. furniture, play equipment, signs, refuse or other storage units, etc.); and - means of enclosure. 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 building 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. All hard landscaping works and ecological improvements shall be carried out in accordance with the approved details before any part of the development is first occupied.

Prior to the installation of external lighting, full details including height, design, location, intensity and 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.

The development hereby permitted shall be carried out in accordance with the recommendations outlined in the [name] and Preliminary Roost Assessment undertaken by [name], project number 115021 and [name] prepared by EcoLine. ** END OF SCHEDULE **