Appeal 6000874

The appeal is allowed and planning permission is granted for new single serviced plot, (all matters reserved except for access) at [site address] in accordance with the terms of the application, Ref 25/00505/OUT, subject to the conditions in the attached schedule.

I have used the address contained within the Council’s decision notice and included the postcode contained within the application form for precision. Additionally, I have removed words not in relation to acts of development from the banner heading above for clarity.

I have amended the description of development to remove the following words ‘for self-build and custom house building’ given the comments received from the Council in which it outlined that its planning officers considered that the principle of any dwelling on site would not be affected by the ‘self-build’ element of the proposal. Additionally, it also acknowledged that a condition regarding self-build and custom house building would be difficult to enforce.

The appeal scheme relates to an outline proposal with appearance, landscaping layout and scale reserved for future consideration. I have considered the appeal accordingly. Plans have been submitted as part of the appeal which indicate how the proposed development could be accommodated on the site. I have taken these plans into account for indicative purposes only insofar as they concern the reserved matters.

The main issues are:  the effect of the proposal on the character and appearance of the surrounding area; and  the effect of the proposal on highway safety.

The appeal site is a relatively small piece of agricultural land which is adjacent to [address] (the Lane). [address] abuts the northern edge of the built-up area of Loggerheads. The appeal site is located within the open countryside for planning purposes and is sited within a Landscape Maintenance Area. Notably, the area to the south of the Lane consists of relatively modern housing in an estate layout. Additionally, to the east of the site are a number of dwellings set within a large woodland.

Referred in the evidence before me is a recently approved application for around 138 houses on land also to the north of the Lane. [name] acknowledge this is approximately 700m away from the appeal site, it remains a significant material consideration in the appeal before me.

Considering all of the above, including existing nearby residential development, to my mind, the addition of one dwelling would not result in an incongruous addition nor result in unacceptable harm to the character and appearance of the surrounding area including the nearby woodland and agricultural land.

Regarding appeal decisions at [site address] and [address], I do not have the full circumstances of either before me. Therefore, I cannot be certain that they are wholly comparable to the appeal scheme before me given that it is for an outline application. Nevertheless, each application is determined on its own merits and I have determined the appeal on the basis of the evidence before me.

Moreover, given that layout, scale, appearance and landscaping are reserved matters, the relevant details regarding these matters are not within the scope of the appeal before me. Therefore, there is limited substantive evidence before me to adequately demonstrate that the proposed development would result in unacceptable harm on the character and appearance of the surrounding area because of the creation of a residential garden, associated paraphernalia and formal driveway, especially given nearby development.

In conclusion, the appeal scheme would comply with Policy CSP1 of the Newcastle-under-Lyme and [name] 2006-2026 (the CS) and Policy LNNP1 of the Loggerheads Neighbourhood Plan 2013-2033 insofar as they seek to ensure developments are of a high standard of design and complement the established character of their surrounding contexts.

It is for the same reason that it would accord with the aims of the [name] and Stoke-on-Trent Urban Design Guidance Supplementary Planning Document 2010 (online version).

Paragraph 116 of the National Planning Policy Framework (the Framework) outlines that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impact on the road network would be severe.

The appeal scheme would have an access on the Lane which currently is in a relatively poor condition. I note that the Highways Authority highlight that whilst the access affords restricted visibility in the western direction, visibility remains sufficient in the eastern direction. However, according to the Highways Authority, current records show no [name] on [address] within 50 metres either side of the property access for the previous five years Furthermore, the proposal would utilise an existing access path and would not likely generate a significant increase in vehicle trips.

Considering all of the above, whilst the Lane does not benefit from pedestrian pavements or street lighting, given the comments from the Highways Authority, there is limited substantive evidence to adequately demonstrate that it would result in an unacceptably harmful effect on the local highway network and highway safety.

I acknowledge that interested parties are concerned that the appeal scheme would result in unacceptable congestion on the local highway network including during the construction phase. However, the appeal scheme is for one dwelling and thus not likely to significantly increase vehicular trips. Consequently, there remains limited substantive evidence to adequately demonstrate that it would result in a harmful effect on the local highway network.

In conclusion, the appeal scheme would comply with Policy CSP1 of the CS insofar as it seeks to ensure that developments are safe and accessible.

Interested parties have referred to previous applications for residential development on the appeal site which have been refused. I do not have the full circumstances of these applications. Nevertheless, each application is determined on its own merits and I have determined the appeal on the basis of the evidence before me.

Regarding protected species, the appellant has provided an ecological report which has been considered by the [name] who has outlined that they are satisfied with its recommendations and measures. The Council has not indicated concerns regarding this matter and I find no reason to disagree.

The Council has provided a list of suggested conditions. I have amended the wording of suggested conditions for clarity and to ensure accordance with the tests set out in paragraph 57 of the Framework.

In the interests of certainty and clarity, I have imposed conditions 1, 2, 3 and 4 which relate to the approval of reserved matters, the commencement of development, as well as the approved plan.

Condition 5 is necessary in the interests of biodiversity and protected species. It is necessary to impose conditions 6,7,8 and 9 in the interests of highway safety.

Conditions regarding the hours of construction and deliveries are necessary to ensure that the living conditions of neighbouring residents are not harmed (10 and 11)

Finally, I have imposed a condition relating to contamination found during the course of construction to prevent any harm to the future occupants of the appeal scheme associated with land contamination (12).

The Council has referred to a condition regarding securing the development as self-build. However, in my planning judgement this would not meet the tests set out within paragraph 57 of the Framework, especially regarding enforceability. Moreover, as outlined above, the Council highlighted in correspondence received regarding the practicality of such a condition, that a typical market house would be acceptable in principle on the appeal site. Accordingly, I have not imposed a condition regarding self-build.

I conclude that the proposal would accord with the development plan and the material considerations do not indicate that a decision should be made otherwise. For the reasons given above the appeal should be allowed.

Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.

Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

The development hereby permitted shall be carried out in accordance with the following approved plans: A001 (Location Plan), A2003 (proposed site/block plan) insofar as they concern matters that are not reserved under condition 1 above.

The development hereby permitted shall be implemented strictly in accordance with the recommendations/measures stated in Section 6.2 of the supporting document [name] ([name], May 2025)

Prior to the first occupation of the development hereby permitted, the site access shall be completed within the limits of the public highway and a visibility splay shall be provided as per submitted plans drawing no. A2003 and the visibility splay shall be kept free of all obstructions to visibility over a height of 600mm above the adjacent carriageway level and retained thereafter.

Prior to the first occupation of the development hereby permitted the vehicular access onto [address] shall be fully constructed in accordance with approved plans drawing no. A2003 and retained thereafter.

Prior to the first occupation of the development hereby permitted details of vehicle parking spaces and turning space within the site curtilage shall be submitted to and approved in writing by the local planning authority. The development shall be fully constructed in accordance with the approved details and retained thereafter.

No development above ground level shall take place until details of the implementation, adoption, maintenance and management of the sustainable drainage system have been submitted to and approved in writing by the local planning authority. Those details shall include: i) a timetable for its implementation; and, ii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained in accordance with the approved management and maintenance plan.

Construction works shall take place only between 08:00-18:00 on Monday to Friday,08:00-13:00 on Saturdays and shall not take place at any time on Sundays or on Bank or Public Holidays.

Deliveries shall be taken at or despatched from the site only between 08:00- 18:00 on Monday to Friday,08:00-13:00 on Saturdays and shall not take place at any time on Sundays or on Bank or Public Holidays.

Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended until a risk assessment has been carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, the development shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. ====END OF CONDITIONS===