Appeal 6001160

The appeal is allowed and planning permission is granted for 2 new semi-detached 3-bedroom bungalows at [site address] in accordance with the terms of the application, Ref 25/00223/FULL, subject to the attached schedule of conditions.

The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal.

The main issue is the effect of the proposed development on the character and appearance of the area.

The appeal site comprises an area of hardstanding located behind an existing bungalow at [site address] (No 29). It is situated at the edge of the Cullompton settlement boundary. The immediate surrounds consist of dwellings on one side of [address] only with No 29 the final dwelling in a line of properties. These dwellings are predominantly arranged in a linear pattern, fronting the road, set in generous plots with spacious rear gardens. The wider surrounds are mainly characterised by open countryside. [name] 29, the roadside is lined by a hedgerow which transitions into taller trees and vegetation as one moves further away from the settlement.

The positioning of the proposed bungalows to the rear of No 29 and its immediate neighbours would not reflect the linear pattern of development to this section of [address]. However, as acknowledged by the Council, the plot is quite sizeable and the proposal would provide reasonably sized gardens and parking areas. Furthermore, due to the roadside vegetation on [address], the existing fence which bounds the appeal site, their single storey scale, together with the intervening distance from neighbouring buildings and the road, the bungalows would not appear unduly dominant or cramped.

I am aware that the Council previously refused an application in 2022 seeking two dwellings on the site. However, in 2024 outline planning permission was granted at the site1 for the erection of a single dwelling with associated access. I accept that the site plan associated with that permission was indicative. Even so, it indicated a departure from the immediate linear pattern of development. It also envisaged a dwelling of a substantial footprint, positioned close to the side boundary with the adjoining field. As such, there is a realistic prospect that the reserved matters relating to that permission would seek a similar layout. Consequently, the appreciation of built form and spacing would be comparable, particularly in views from [address]. Therefore, these factors also indicate that when compared with the fallback of the existing outline planning permission, the development would similarly assimilate into its surroundings.

The proposed development would therefore have an acceptable effect on the character and appearance of the area. In that regard, it would accord with the requirements in Policies DM1 of the Mid Devon Local Plan (2020) and TC02 of the Cullompton Neighbourhood Plan (2020) for effective and efficient use of sites with development that contributes positively to the character of the locality and integrates well with surrounding buildings taking account of factors including siting, layout, scale and massing.

Schedule 7A of the Town and Country Planning Act 1990 (as amended) introduced a statutory framework for [name] (BNG), and it applies to all planning applications made on or after 12 February 2024. As such, unless exempt, development proposals are usually subject to the mandatory requirement to deliver a BNG of at least 10%.

There is no dispute between the parties that the site does not impact a priority habitat and impacts less than [address] metres of onsite habitat, and less than 5 metres of onsite linear habitat such as hedgerows. Therefore, based on the information available, the proposed development is subject to the de minimis exemption.

In addition to the standard time limit condition, it is necessary to impose a condition requiring the development to accord with the approved plans for certainty. In respect of the latter condition, I have added the 3D images drawing provided in the interests of completeness as this also reflects the elevation and floor plans.

I have had regard to the Council’s suggested conditions. To minimise any disturbance to the living conditions of neighbouring residents a Construction Environmental Management Plan is reasonable and necessary. I have used the comprehensive wording of the condition suggested by the Council. The appellant has accepted this in principle and has not suggested any alternative wording. However, given the permission relates to two dwellings only, it would be expected that this condition be applied proportionately. 1 23/01599/OUT

To ensure the site is suitably drained and does not increase flooding elsewhere, I have attached a condition in line with the Council’s suggestion regarding foul and surface water drainage. In this regard, the appellant has referred me to their surface water drainage strategy dated February 2025. [name] accept that the Council’s officer report confirms that the strategy appears sufficient in order to safely handle surface water amounting from the development, it is not accompanied by a plan indicating how the strategy will be implemented and it also doesn’t cover foul drainage. I have therefore adapted the suggested condition to address these matters and the appellant can incorporate their strategy into the final details if this is appropriate.

It is also necessary for precise details of external surfaces to be approved by the Council to protect the character and appearance of the area and for acoustic fencing to be installed as per the plans for noise protection. In respect of materials, I have removed the Council’s suggested inclusion of samples of materials to be provided ‘where necessary’ as it is not clear what would trigger such a requirement. In any case, precise details would be sufficient.

The installation of bat and bird boxes is reasonable to enhance biodiversity on the site. The Council’s decision refers to paragraph 8.1 of the appellant’s appeal statement which does not give precise details of where or when these boxes would be installed. Therefore, I have amended the suggested condition to cover these matters. For functional and highway safety purposes, visibility splays shall not be obstructed and the access, parking and turning areas indicated on the plans should be used as such. Therefore, the Council’s suggested condition in this respect should be attached.

To prevent over development of the site, in order to protect the character and appearance of the area, the suggested condition to remove certain permitted development rights is also reasonable and necessary. I have however altered the Council’s suggested condition to remove the suggested restrictions on classes D, G and H of Schedule 2, Part 1, or Class A of Schedule 2 as such minor additions would be unlikely to have a material effect on the character and appearance of the area.

For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed.

I have considered all the submitted evidence and my representative’s report and on that basis 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 [name].06.E (Site Location and Proposed Block Plan / Roof Plan), A.07 ([name] & Elevations), A.08 ([name]) and A.12 (3D Images).

Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. In respect to the protection of residential amenity and the local environment, the CEMP shall identify the steps and procedures that will be implemented to minimise the creation and impact of noise, vibration, dust and waste disposal resulting from the site preparation, groundwork and construction phases of the development and manage Heavy/[name] access to the site. It shall include details of the hours of operation and measures to be employed to prevent the egress of mud, water and other detritus onto the public and any non-adopted highways. The following specific details should also be included in respect to highway safety: (a) the timetable of the works (b) daily hours of construction; (c) any road closure; (d) hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 8:00am and 6:00pm Mondays to Fridays inclusive; 9:00am to 1:00pm Saturdays, and no such vehicular movements taking place on Sundays and any /Public Holidays unless agreed by the Local Planning Authority in advance; (e) the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits; (f) the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases; (g) areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority. This may include the establishment of a ‘wait away’ system for all deliveries; (h) hours during which no construction traffic will be present at the site; (i) the means of enclosure of the site during construction works; (j) details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site; (k) details of wheel washing facilities and obligations; (l) the proposed route of all construction traffic exceeding 7.5 tonnes; (m) details of the amount and location of construction worker parking; and (n) photographic evidence of the condition of adjacent public highway prior to commencement of any work. The approved Construction Environmental Management Plan shall be adhered to throughout the construction period of the development.

No development shall begin until precise details of a drainage scheme, including an accompanying plan showing foul and surface water drainage provision and measures so as to prevent the discharge of surface water onto the public highway, have been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall then be installed in full accordance with the approved details prior to the dwellings hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Prior to their use on site, precise details of the materials for all the external surfaces of the buildings shall have been submitted to and approved in writing by the Local Planning Authority. The development shall then only be carried out in full accordance with the approved materials.

Acoustic fencing shall be provided in accordance with the details indicated on approved [name].06.E, and with the submitted ‘[name], prior to the first occupation of the dwellings hereby permitted. Following its installation, the acoustic fencing shall be retained and maintained in perpetuity.

Before first occupation of the dwellings hereby approved, precise details of three bat boxes and four bird boxes to be installed on retained trees, or the buildings within the site, in accordance with the recommendations detailed in Section 8.1 ([name] and [name]) of the submitted ‘Planning Appeal Statement and [name] shall be submitted to and approved in writing by the Local Planning Authority. Once approved the boxes shall be installed prior to first occupation of the dwellings and shall be retained and maintained in perpetuity.

There shall be no obstruction to visibility greater than 0.[address] level forward of the visibility splays shown on approved drawing [name].06.[name] visibility splays shall be fully provided before the dwellings hereby permitted are first occupied and shall thereafter be maintained at all times.

The areas indicated for access, parking and turning on the approved drawing [name].06.E shall be kept clear of obstruction and shall not be used other than for access and the parking and turning of vehicles associated with the development hereby permitted.

Notwithstanding the provisions of Article 3 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) (the Order) no development of the types referred to in [name], AA, B, C, and E, of Schedule 2, Part 1, or Class A of Schedule 2, Part 2 of Schedule 2 of the Order shall be undertaken within the application site without the Local Planning Authority first granting planning permission.