Appeal 6000994

The appeal is allowed and planning permission is granted for proposed erection of 2no. detached single storey dwellings with associated access, parking and landscaping at [site address] in accordance with the terms of the application, [name]/25/0483, subject to the conditions in the attached schedule.

The main issues are: • the effect on the character and appearance of the area; and • the effect of the development on highway safety, in particular whether the proposed development provides sufficient and suitable parking and access.

[address] is a single lane road within a residential area of Whitnash. It runs from its junction with [address] near [name] to a single-track bridge over the railway. On one side set back by a footway are the rear boundaries of properties which face onto [address]. There are varied boundary treatments including several types of wooden and metal fencing, walls and hedging, as well as detached garages and ancillary outbuildings.

On the other side of the lane are the rear boundaries of properties on Green Close. The land on this side is higher with an inclined verge with vegetation and trees. This means that this part of the lane is less obviously experienced as the rear boundaries of properties. There are then two detached houses set back from the lane by a verge behind wooden fencing and hedging and spacious parking and turning areas. Beyond those houses and opposite the site is the graveyard associated with [name]. These various features mean that the lane does not have a distinct defining style or pattern of development.

The wider area beyond the site is residential and suburban in character. The types, styles and periods of the housing on the surrounding streets are varied and include detached and semi-detached houses and bungalows. Some have been extended and altered and there are some plots which have been drawn to my attention where new dwellings have been built on what was previously garden land. On the other side of the railway is a significant area of new residential development, and at the time of my site visit, further new building was taking place. [address] may once have been experienced as a transition between the urban residential part of Whitnash to the rural area beyond the railway. However, it is within the urban area and does not have a rural character.

The appeal site is an irregular polygonal shape forming part of the rear garden of [address]. No. 47 lies in the corner of the turning head on [address]. The appeal site is currently divided from No. 47 by a wooden fence and contains an existing garage. The openness of the site opposite the graveyard contributes to a more open character of this part of [address] in contrast to the greater sense of enclosure experienced before reaching the site.

The proposed dwellings would form part of the frontage of [address] as they would have elevations facing it, each with an access on to the lane. Accordingly, while the site does use part of the rear garden of No. 47, it would not be typical back land development. The proposal would provide private amenity space for the future occupiers of the proposed dwellings that is not out of character with that of properties of comparable size in the surrounding area. It would also leave private amenity space for the host property that is commensurate with its size and in keeping with other nearby dwellings.

The proposal would change the current open nature of the site. It would also change the visual break in built form on this side of the lane. However, the proposed single storey dwellings are low level and would be in keeping with the scale and massing of nearby properties on [address]. They would be set back only a limited amount from the rear of the footway but there is space for some landscaping to the frontage. They would also form a continuation of built form along this part of [address] in a more visually attractive way than the existing mixed rear boundaries. The proposal would therefore not be out of keeping with the street scene along [address].

Policy H1 of the Warwick District Local Plan 2011-2029 adopted September 2017 (Local Plan) states that housing development on garden land will not be permitted unless it reinforces or harmonises with the established character of the street and/ or locality and respects surrounding buildings in terms of scale, height, form and massing. Policy BE1 of the Local Plan states that development will be permitted where it positively contributes to the character and quality of its environment through good layout and design. For the reasons set out above, I conclude that proposed development would not have an adverse effect on the character and appearance of the area and therefore it would be in accordance with policies H1 and BE1 of the Local Plan.

Nor is there conflict with the National Planning Policy Framework (the Framework) in so far as it seeks development which maintains an area’s character and setting and is sympathetic to the surrounding built environment and landscape setting.

[address] is narrow and for part of its length it is single track. It widens in front of the site and graveyard before reaching the single lane railway bridge. It is signposted as a no through road with no vehicular access to the newly built estate on the other side of the railway. It does provide vehicular access to a limited number of premises beyond the railway along [address]. It is used to access the graveyard and by pedestrians, and cyclists to cross the railway going to and from the new development, and to reach the bridleway.

The requirements of policy TR3 of the Local Plan include compliance with the Council’s Parking Standards Supplementary Planning Document ([name]) and that the parking arrangements would not result in on-street car parking detrimental to highway safety. Each of the proposed 2-bedroom properties would have two off-road parking spaces in a tandem arrangement. The Parking Standards SPD advises that for residential parking, tandem spaces against a wall should have dimensions of a minimum of 3m x 11m. There are different figures quoted in the documents and comments before me. However, the evidence from the appellant’s transport consultant and details shown in the plans which were amended during the consideration of the application by the Council indicate spaces which would comply with the minimum dimensions in the SPD.

Tandem parking layouts are evident in the local area, however I must assess its suitability for the proposed development in this location. It is an arrangement that could lead to the potential need to swap vehicles around. In addition, the spaces provided only meet the minimum dimensions advised by the SPD which would make moving around parked vehicles within the site more constrained than more generous spacing. Therefore, it is possible that the proposed parking arrangements could lead to some additional parking on the lane by future occupiers of the proposed dwellings.

This must be assessed against the context of the existing use of [address]. It is not heavily used by motor vehicles and speeds would be low. There would be vehicles parked by the churchyard in preparation for and during burials, but the evidence before me suggests these are not frequent. Other parking also takes place when people visit existing graves. However, notwithstanding a greater intensity on occasions such as Christmas or [name], this is occasional and temporary. [address] is narrow, the appellant’s submitted swept path analysis shows that vehicles could turn out of the site even with cars parked by the graveyard opposite the proposed accesses. Therefore, even with some additional parking arising from the development the proposed parking arrangements would not result in on-street car parking detrimental to highway safety. For the reasons set out above, I find that the parking arrangements would not conflict with policy TR3 of the Local Plan.

Policy TR1 requires development to provide safe, suitable and attractive access routes for a range of transport modes which are not detrimental to highway safety. The Council’s concern in this regard relates to the lack of manoeuvring space to the rear of the proposed parking spaces. Given my findings above, I conclude that the parking spaces would provide enough manoeuvring space for the proposed dwellings in accordance with the Council’s Parking Standards SPD. As such, it follows that the appeal proposal would not fail to provide a safe, suitable, and attractive access for users.

Interested parties have raised concerns about the pedestrian and vehicular visibility splays which would be provided particularly looking towards the railway bridge which constrains visibility at that point. The Council did not base its reasons for refusal on this issue, and the transport and highways evidence before me indicates that taking account of traffic speeds and the context of [address], acceptable visibility can be achieved. From my observations on my site visit I have no reason to disagree with those conclusions.

Accordingly, having regard to the matters discussed above I conclude that the proposed development would not cause harm to highway safety and would provide sufficient and suitable parking and access. As such it would comply with policies TR1, TR3 of the Local Plan and paragraph 115 of the Framework which seek to ensure, amongst other things, that safe and suitable access to the site can be achieved for all users.

Policy W11 of the Whitnash Neighbourhood Development Plan 2011-2029 addresses housing mix and seeks bungalows or accommodation designed for the elderly. While the appeal proposal would only provide two bungalows, it would be a benefit of the proposal.

Concerns have been raised by interested parties that the position of the proposed dwellings would have an adverse impact on users of the graveyard by reason of overlooking. On my site visit, I observed that a significant proportion of the graveyard is noticeably overlooked from the rear of the [address]. I agree with the Council’s assessment that the addition of the proposed single storey dwellings on the opposite side of [address] would not adversely affect visitors to the graveyard to an unacceptable degree. I also agree with the Council that the submitted construction management plan would be adequate to address concerns about impact to users of the lane and the graveyard during the construction of the proposed dwellings.

Reference has been made to previous issues with drainage in the area leading to fears that proposed dwellings would overload existing systems. The evidence indicates that previous issues were due to a previous localised issue rather than insufficient network capacity, and there is capacity to serve the proposed development.

The parties agree that the Council cannot demonstrate a five-year housing land supply. However, given my findings regarding compliance with the development plan as a whole, I do not need to consider the matters in paragraph 11d of the Framework.

I have reviewed the conditions suggested by the Council having regard to the tests in the Framework and the Planning Practice Guidance (PPG). In some cases, I have amended the wording of conditions suggested by the Council in the interests of clarity. The statutory implementation condition, along with a condition listing the approved plans are necessary to provide certainty. As the access arrangements are a key element of the proposed development, I have included the submitted access plan in that list to secure those details. In the interests of character and appearance, it is necessary to require the materials to be approved by the Council.

To enhance habitat biodiversity and comply with policy NE3 of the Local Plan a condition requiring bat boxes is necessary. However, I have deleted the proposed requirement relating to swift bricks having regard to the appellant’s comments about the feasibility of providing these and to ensure the condition is reasonable.

Taking account of the location and context of the proposed dwellings, it is necessary to impose a condition to ensure noise from air source heat pumps is controlled as suggested by the Council. Due to the proximity of the railway line and given that the evidence indicates that both proposed dwellings would not meet the internal BS8233:2014 levels at night, it is necessary to impose a condition requiring that measures set out in the submitted noise and vibration assessment are adhered to.

Policy FW3 of the Local Plan does require a lower level of water consumption per person than set out in Building Regulations and a condition is needed to secure this. A condition is needed regarding energy performance to meet the requirements of development plan policy NZC1 in the Warwick District Council Net Zero Development Plan Document (adopted May 2024).

Taking account of the current use of [address] a condition to require compliance with the submitted construction management plan is needed.

While the Council has sought a condition requiring details of the refuse and recycling stores to be agreed, this appears to have been suggested as a standard measure rather than in response to any specific planning concern arising from the proposed development. National policy makes clear that planning conditions should only be imposed where they are necessary and are required to make a development acceptable in planning terms. Given the level of detail already provided and in the absence of any identified harm, that condition would not meet those tests.

It is not necessary to include a condition about biodiversity net gain as it is imposed by statute, nor is a condition to require electric vehicle charging points as they are addressed by Building Regulations.

I have found that there would not be harm to the character and appearance of the area, that sufficient and suitable parking and access would be provided and highway safety would not be harmed. As such the proposal would comply with the development plan read as a whole. There are no material considerations of sufficient weight to indicate that a decision should be taken otherwise than in accordance with it. Therefore, 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 drawing numbers: 250203_03D Proposed Site Plan 250203_04C [name] 250203_05B Proposed Block Plan 250203_06B [name] 250203_9RevA [name]

No development above ground level shall take place until samples 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 sample details.

The development hereby permitted shall not be occupied until a scheme setting out the type and location for the provision of 1 bat box per dwelling has been submitted to and approved in writing by the local planning authority and the bat boxes have been installed in accordance with the approved details. The bat boxes shall be retained and maintained thereafter.

No air source heat pump shall be operated unless the level of noise emitted does not exceed the background noise level (LA90) by more than 3dB [A] measured as LAeq (5 minutes), at 1 metre from the façade of any noise‐sensitive residential property.

The development hereby permitted shall be carried out in accordance with the Noise & Vibration Assessment: [name] reference EV2507- 01-C dated 14 May 2025.

The development hereby permitted shall not be occupied until the Building Regulations optional requirement of a water consumption rate of no more than 110 litres per person per day has been complied with.

No dwelling hereby permitted shall be occupied until a [name] has been submitted to and approved in writing by the local planning authority to demonstrate that the dwelling as built complies with the [name] reference SE745770 V3 dated 16 May 2025, and that it meets the standard set in Policy NZC1 of the Warwick District Council Net Zero Carbon Development Plan Document adopted May 2024. The Verification Report shall include: - SAP calculations of the constructed dwelling(s); -Results of the measured air permeability tested in accordance with the procedures set out in TM23 (and reported as part of compliance with Section 7, [name] of Buildings Regulations); - Accredited construction detail performance as confirmed by infra-red thermographic survey and selective borescope surveys or other method as agreed in writing by the local planning authority; - Logbook to demonstrate that ventilation and heating systems are installed and operating correctly, and a user guide on how these are to be used in operation of the building.

Throughout the construction period for the development hereby permitted the [name] and appended plan dated 24 March 2025 shall be adhered to.