Appeal 6001174

The appeal is allowed and planning permission is granted for the demolition of 1 dwelling house and erection of 10 new dwelling houses at [site address] , Chinnor, [postcode] in accordance with the terms of the application, Ref P25/S1091/FUL, and the plans submitted with it, subject to the conditions in the attached schedule.

The appeal is allowed and planning permission is granted for the demolition of 1 house and erection of 9 new dwelling houses at [site address] , Chinnor, [postcode] subject to the conditions set out in the attached Schedule. Appeal Decisions 6001174, 6001457

An application for costs was made by the appellant against South Oxfordshire District Council in regard to Appeal A. This application is the subject of a separate

The description of development on the application form for Appeal A refers to the site address. As this is not a form of development I have removed it from the banner heading above.

Planning permission was originally granted to demolish [site address] and erect 9 dwellings (the ‘consented scheme’) in December 20241. Prior to this, a similar application for 10 dwellings was dismissed at appeal2 (the ‘dismissal’) on the grounds that a two storey dwelling at plot 10 would be harmful to the living conditions of the occupants of [address].

Appeal A relates to a planning application that was not determined by the Council within the prescribed period. It is similar to the dismissal except that plot 10 has been redesigned to accommodate a bungalow.

The Council has stated that if it had issued a decision, it would have granted planning permission subject to conditions therefore it does not wish to contest Appeal A.

I appreciate that there are a number of objections to the development. These include objections to the development as a whole, concerning precedent, local infrastructure, highway safety and traffic and conflict with development plan’s housing and drainage policies. There are also concerns about the height, design and position of the bungalow at plot 10 and its dominance and amenity impact on the occupiers of No 85, biodiversity and trees. However, the committee report for Planning Reference P25/S1091/FUL comprehensively addresses all these concerns and is informed by technical consultee responses as well as relevant appeal decisions that have established the principle of residential development at the site and the necessity of conditions. The committee report also recognises that the Appeal A application proposes a single storey dwelling on plot 10. It finds that this change addresses the concerns of the Inspector in the dismissal regarding the effect of the proposal on the living conditions of the occupiers of [address].

It is my view the report methodically considers the relevant development plan policies, including policies CH C1, CH H1, CH H2, CH H3, CH H4, CH H5, CH H6, CH H7, CH H8 and CH GP2 of the Chinnor Neighbourhood Plan 2011 - 2023 (CNP), therefore it does not unduly focus on the South Oxfordshire Local Plan 2011 - 2035 (SOLP) as alleged by the Parish Council. It concludes that subject to the completed unilateral undertaking3 and conditions, the proposal would accord with

In terms of Appeal A, therefore, based on the evidence before me and my own site visit observations, I have no compelling reason to reach a different conclusion to 1 Appeal Reference APP/Q3115/W/24/3350748 (Planning Reference P24/S0643/FUL) 2 Appeal Reference APP/Q3115/W/24/3339044 (Planning Reference P23/S0565/FUL) 3 [name] with OCC dated 9 October 2025 which secures a financial contribution of £11,934 towards the improvement of bus services in the Chinnor area. Appeal Decisions 6001174, 6001457 the Council, therefore I find that the development complies with policies DES1, DES2, DES5, DES6, DES8, DES10, ENV1, ENV2, ENV3, ENV11, ENV12, EP4, H1, H16, STRAT1, STRAT5 and TRANS5 of the South Oxfordshire Local Plan 2011 - 2035 (SOLP) and the policies CH C1, CH H1, CH H2, CH H3, CH H4, CH H5, CH H6, CH H7, CH H8 and CH GP2 of the CNP.

The Council’s suggested conditions for Appeal A include a condition withdrawing national permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015, as amended (GPDO) that would otherwise have allowed, within certain parameters, the enlargement of the houses (via extensions and roof extensions) and the erection of outbuildings within their curtilages, without the need for a planning application. This condition does not prevent future extensions to the dwellings or the erection of outbuildings within their curtilages, but it allows the Council to control them through the planning application process. This condition is the same as the one which is the subject of the appellant’s dispute via Appeal B.

With regard to Appeal B, I consider the main issues to be whether the disputed condition is reasonable and necessary having regard to the living conditions of neighbouring occupiers and the appeal development’s occupants.

The National Planning Policy Framework (the Framework) states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so4. Similarly, the Planning Practice Guidance (PPG) indicates that the blanket removal of freedoms to carry out small scale domestic alterations are unlikely to meet the tests of reasonableness and necessity, adding that the scope of such conditions needs to be precisely defined5. As there is no definition of ‘clear justification’ in the Framework, it is therefore a matter of planning judgement.

The Council has referred to the amenity space provisions and back to boundary provisions which are set out in its [name] (JDG)6, which it adopted as a Supplementary Planning Document in June 2022. Referring to the JDG it indicates that all the dwellings would be below or only just comply with the garden back to boundary provisions, so any development in their curtilage would further reduce the back to boundary distance therefore compromising the amenity of the occupants of neighbouring properties. However, as plots 1 to 5 would back onto the access road serving Walnut Tree Close, plots 6 and 7 back onto the side elevation or garden of [address] and plots 8 and 9 back onto countryside or the development’s turning head, I disagree, as there would be additional distancing or a side to back orientation which would offset this.

With regard to the amenity space provisions, based upon the Council’s measurements plots 1, 2, 3, 4 and 5 are below or only just comply with the minimum private amenity space standards. The Council has not provided the size of the amenity space for plot 6 however based on the plans before me it looks comparable in size to plot 3. Plots 7, 8 and 9 differ in that they have larger amenity 4 Paragraph 55 5 Paragraph: 017 [name]: 21a-017-20190723 6 [name]: Figure 26 Appeal Decisions 6001174, 6001457 spaces with wider spacing between each other and existing neighbours. I have taken into consideration that the Class A and E rights were not withdrawn for the neighbouring development7. However, based on the evidence before me and my reasons above I find that extensions and outbuildings within the curtilage of the plots 1, 2, 3, 4, 5 and 6 only, would be detrimental to their future occupants with regard to the loss of amenity space provision.

I have considered the Council’s submissions that it is necessary to remove the permitted development rights relating to roof extensions to prevent harm to the bespoke design of the dwellings, which it suggests would be visually prominent in the public realm. However, given that these rights were not withdrawn for the neighbouring development which has a similar in density to the proposal and would be seen in the same context as the appeal site there is no clear justification for withdrawing these permitted development rights.

For the above reasons, I conclude that the disputed condition is not reasonable or necessary in respect of roof extensions. With respect to plots 7, 8 and 9 it is not reasonable or necessary for extensions and outbuildings. As such there would be no conflict with Policies DES5 and DES6 of the SOLP were these provisions to be deleted. However, in order to comply with Policy DES5 of the SOLP and to safeguard the living conditions of future occupiers of plots 1, 2, 3, 4, 5 and 6 with regard to amenity space provision, retention of the condition in an amended form is necessary.

In reaching this view I have had regard to the fact that the previous Inspector adopted a different approach for the ‘consented scheme’. However, I am unaware of the entirety of the evidence that was presented in that case. I have made my decision based on the evidence before me, as such and for the reasons I have explained above, I have come to a different conclusion.

For appeal A, the Council has provided a schedule of conditions. I have considered these against the Framework and the Planning Practice Guidance (PPG), revising where necessary to reflect its advice and for the purpose of clarity. I have also re-ordered them in the attached schedule as it it is good practice to list the conditions in the order that they will need to be satisfied.

Condition 1 is necessary as the standard time condition. Condition 2 relates to adherence to the approved plans and is necessary to provide certainty as to the development permitted. Conditions 3 and 4 are necessary to ensure trees and biodiversity are protected during demolition and construction. Conditions 5, 14, 15, 16, 17 and 20 are necessary in the interests of highway, pedestrian and cycle safety, sustainability and convenience. In the interests of expediating the development, it is not necessary for conditions 14 and 15 to be pre commencement conditions. Conditions 6 and 9 relate to levels and materials in the interests of clarity and to safeguard the character and appearance of the area. Condition numbers 7, 8 and 13 are necessary to manage drainage and prevent flooding. Conditions 10 and 11 relate to landscape to ensure that the development assimilates into its surroundings. Conditions 12 and 18 are necessary in the 7 Planning Reference P15/S0891/FUL Appeal Decisions 6001174, 6001457 interests of sustainability. Conditions 19 and 22 are imposed to ensure that the development is not, or could be, harmful to the living conditions of neighbours and/or the future occupants. Condition 21 relating to external lighting is necessary to protect bats.

I have not imposed the Council’s suggested condition which restricts permitted development rights in respect of further windows and openings at plot 9, as it is unnecessary due to the bungalow at plot 10 the separation distance of neighbouring development. Nor have I imposed the condition requiring approval of the proposed means of access onto [address] because it duplicates the requirements of condition 15 and refers to unspecified requirements of a third party i.e. the Local Highway Authority.

As the general biodiversity gain condition is deemed to apply to every planning permission granted, unless specifically exempt, I shall not impose a condition in this regard. Similarly, as the Biodiversity Gain Plan will detail on-site habitats, given the scale of the proposal, I shall not attach the Council’s suggested condition regarding a scheme of biodiversity enhancement features.

In accordance with my decision in respect of Appeal B, on both appeals, in order to maintain adequate amenity space, I shall impose a condition withdrawing permitted development rights in relation to extensions and outbuildings to the dwellings at plots 1, 2, 3, 4, 5 and 6.

With regard to Appeal B’s other conditions, section 73(5) states that planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which a development must be started. The time limit for commencing the development must therefore run from the date of the original permission and I have therefore adjusted condition 1 to reflect this.

The PPG8 sets out that decision notices for the grant of planning permission under section 73 should restate the conditions imposed on earlier permissions that continue to have effect. With the exception of condition 6 which duplicates condition 5, and condition 7 withdrawing permitted development rights, I shall restate conditions 2 to 29 inclusive of Appeal Decision Reference APP/Q3115/W/24/3350748 for the same reasons as outlined by my Inspector colleague for that appeal. The Council has confirmed that Appeal Decision Reference APP/Q3115/W/24/3350748 was not subject to the mandatory BNG condition as the application was submitted prior to it coming into force. As such I have restated conditions 27 and 28, as they therefore remain necessary in the interests of biodiversity.

For the above reasons, and having considered all other matters, I conclude that both appeals accord with the development plan and therefore Appeal A is allowed, and Appeal B 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 nos V25-109-SLP08_A, 8220155_6104, 8220155-6101 [name], V22-118- TS01, N0973_(96)001H, 8220155_6202 [name], 8220155-6201 [name], 8220155_6203, [name] 01, V25-109-P01_A, V25-109-P09_A, V25-109- P11_A, V25-109-SLP02, V25-109-P06, V25-109-P07, V25-109-P08, V25-109- P05, V25-109-P12, V25-109-P02, V25-109-P03, V25-109-P04, V25-109-SLP01 and 8220155_6105 [name], except as controlled or modified by conditions of this permission.

Prior to the commencement of development, including any site works or operations, demolition and site clearance, an [name] (AMS) and accompanying Tree Protection Plan (TPP) shall be submitted to and approved in writing by the Local Planning Authority. The Arboricultural Method Statement must include the following: (1) A specification of any pruning or tree surgery works to any trees to be retained, to prevent accidental damage by construction or demolition activities; (2) The specification and location of temporary tree protective fencing and any ground protection required to protect all retained trees in accordance with the current edition of BS 5837 ''Trees in relation to design, demolition and construction'', and details of the timing and duration of its erection; (3) The definition of areas for the storage or stockpiling of materials, temporary on-site parking, site offices and huts, mixing of cement or concrete, and fuel storage; (4) The means of demolition of any existing site structures, and of the re-instatement of the area currently occupied thereby; (5) The route and method of installation of drainage or any underground services in the vicinity of retained trees; Consideration will be made to avoid siting of utilities and service runs within the Root Protection Area (RPA) of all trees to be retained. Only where it can be demonstrated that there is no alternative location for the laying of utilities, will encroachment into the RPA be considered. Methodology for any installation works within the RPA will be provided and must be in compliance with the current edition of NJUG 'Guidelines for the planning and installation and maintenance of utility apparatus in proximity to trees'. (6) The details and method of construction of any other structures such as boundary walls in the RPA of retained trees and how these relate to existing ground levels; (7) The details of materials and method of construction of any roadway, driveway, parking, pathway or other surfacing within the RPA, which is to be of a '[name] construction method, in accordance with the principles with in Arboricultural Association Guidance Note 12 "The use of cellular confinement systems near trees" and in accordance with current industry best practice; and is appropriate for the type of roadway required in relation to its usage. Appeal Decisions 6001174, 6001457 (8) Provision for the supervision of ANY works within the RPA of trees to be retained, and for the monitoring of continuing compliance with the protective measures specified, by an appropriately qualified arboricultural consultant, to be appointed at the developer's expense and notified to the Local Planning Authority, prior to the commencement of development; and provision for the reporting of any departure there from to the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details with the agreed measures being kept in place during the entire course of development.

Prior to the commencement of development, including vegetation clearance, demolition or ground works, a [name] for protected species shall be submitted to and approved in writing by the Local Planning Authority. This shall be produced by a suitably qualified ecologist and shall describe [name] to be employed during construction to avoid impacts on: (1) Badger, hedgehog and other small animals (including measures to be employed to avoid these species becoming trapped in excavations). (2) Nesting birds (including vegetation clearance timings and/or arrangements for ecological supervision). (3) Great crested newt and other amphibians (including details of a toolbox talk to be given to contractors, methods for sensitive clearance of vegetation and the onsite pond, rules for siting and storage methods of building materials and site waste to minimise risks of amphibians using them as temporary refugia and the procedure to be followed if an amphibian is discovered during works). The Construction Method Statement shall include the procedure to be followed in each case if a protected species is found on site. The approved [name] shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

Prior to the commencement of development, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority. The approved CTMP shall be implemented prior to any works being carried out on site, and shall be maintained throughout the course of the development’s construction.

Prior to the commencement of development, with exception of demolition, detailed plans showing the existing and proposed ground levels of the site together with the slab and ridge levels of the proposed development, relative to a fixed datum point on adjoining land outside of the application site, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

Prior to the commencement of development, with the exception of any demolition, a full foul and surface water drainage scheme, shall be submitted to, and approved in writing by, the Local Planning Authority. The design of the foul and surface water drainage system will be in accordance with the strategy as set out on drawing 221591/DS/12 including levels, size, position and construction of all drainage works from the rainwater pipes (RWPs)/soil vent pipes (SVPs) of each plot. The submitted information shall include: Appeal Decisions 6001174, 6001457 - A drainage layout to show all surface water drainage from the RWP. This must also include proposed rain water butts. - A drainage layout to show all foul water drainage from SVP. - A 10% increase in impermeable areas will need to be added to the SWD hydraulic calculations to accommodate any forthcoming urban creep. - A full manhole schedule must be provided. - Maintenance strategy inclusive of ownership of all shared features on a coloured drawing with key appended. - Full construction details of all surface water drainage features including hard standing areas. - A long section of the gravity sewer including the swale to its connection point with the third party surface water drainage system. The development shall be implemented in accordance with the approved details prior to the first occupation of the development.

Prior to the commencement of development, with the exception of any demolition, a construction phase surface water management strategy scheme shall be submitted to and approved in writing by the Local Planning Authority. The strategy must demonstrate how surface water will be managed throughout the construction phase. The development shall be implemented in accordance with the approved details prior to the first occupation of the development.

No development above slab level shall take place until a photographic schedule of all materials to be used in the external construction and finishes of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved schedule.

Prior to the commencement of the development above new slab level a scheme for the landscaping of the site, including the planting of live trees and shrubs, the treatment of the access road and hard standings, and the provision of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. These details shall include schedules of new trees and shrubs to be planted (noting species, plant sizes and numbers/densities), the identification of the existing trees and shrubs on the site to be retained (noting species, location and spread), any earth moving operations and finished levels/contours, and an implementation programme. The scheme shall be implemented prior to the first occupation or use of development and thereafter be maintained in accordance with the approved scheme. In the event of any of the trees or shrubs so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree or shrub or equivalent number of trees or shrubs, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.

All trees to be planted within hard surface areas shall be planted in the first planting season after the first use of the buildings. The tree/s must be planted into site specific tree pits. The tree pits are to be a crated pit design that incorporates technology that will enable tree/s to successfully grow in hard surface environments. The pits must provide the significant quantities of growing Appeal Decisions 6001174, 6001457 medium required to allow the trees to become established and grow on to maturity, sustaining the trees in a healthy condition and allow for ease of maintenance. Details of the tree species and the tree pits shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development above new slab level on the site. In the event of any of the trees so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree of a species first approved by the Local Planning Authority, shall be planted and properly maintained.

Prior to first occupation, all carbon reduction energy efficiency measures shall be implemented in accordance with the [name] hereby approved and a [name] shall be submitted to the Local Planning Authority and approved in writing. The Verification Report shall demonstrate (with photographic evidence) that the energy efficiency measures have been implemented. These measures shall be retained and maintained as such thereafter in accordance with the [name] and [name].

Prior to the occupation of any dwelling, a foul water and SUDS compliance report prepared by an appropriately qualified Engineer must be submitted to and approved by the Local Planning Authority. This report must evidence that the foul water and sustainable drainage system has been installed and completed in accordance with the approved scheme (or detail any minor variations). This report should as a minimum cover the following; (1) Inclusion of as-built drawings in AOD. Levels of all drainage works and FFL must be included. As-built drawings must be provided in PDF and DWG format. (2) Inspection details of foul pipework, manholes and SUDS features such as flow controls, storage features and volumes and critical linking features or pipework undertaken, with appropriate photographs and evidence of inspections incorporated. (3) Maintenance responsibilities details. (4) Details of any remediation works required following the initial inspection. (5) Evidence that that remedial works have been completed. (6) [name] survey of the whole network.

No dwelling shall be occupied until the proposed vehicular accesses, driveways and turning areas that serve those dwellings are be constructed, laid out, surfaced and drained in accordance with specification details previously approved in writing by the Local Planning Authority.

No dwelling shall be occupied until the whole of the roads and footpaths, including the off-site highway works shown on approved plans 8220155/6101 [name] and 8220155/6104, and all surface water drainage works have been laid out, constructed and completed in accordance with a specification previously approved in writing by the Local Planning Authority.

Prior to the first occupation of the development hereby approved, an [name] shall be installed for each dwelling and thereafter retained as such. Appeal Decisions 6001174, 6001457

Cycle parking facilities shall be provided prior to the occupation of the development hereby approved in accordance with the details shown on drawing V25-109-P09 [name]. Thereafter, the cycle parking shall be retained as approved.

Details of the location and specification of any external heating or energy generation system to be used in the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The development shall be carried out in accordance with the approved schedule.

The hours of operation for construction and demolition works shall be restricted to 07:30-17:30 Monday to Friday and 08:00-13:00 on a Saturday. No work is permitted to take place on Sundays or Public Holidays without the prior written authority of the Local Planning Authority.

The vision splays shown on the approved plan 8220155/6101 [name] shall not be obstructed by any object, structure, planting or other material with a height exceeding or growing above 0.6 metres as measured from carriageway level.

No external lighting shall be installed on site unless and until a sensitive lighting strategy for bats is submitted to and approved in writing by the Local Planning Authority. The strategy shall protect the conservation status of local bat populations, by: (a) identifying those areas/features on site that are likely to be both sensitive for bats and vulnerable to disturbance from artificial lighting, including: known or potential breeding sites, resting places, foraging areas or important routes used to access key areas of their territory. (b) demonstrating that the design and siting of the proposed lighting installation will not disturb or prevent bats using the areas identified in a) (through provision of appropriate lighting plans, isolux contour maps and technical specifications). All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy. Under no circumstances should any other external lighting be installed without the written approval of the local planning authority.

The first floor windows in the south-east facing side elevations of plots 1, 5, 7 and 9 and the first floor windows in the north-west facing side elevations of plot 2 and plot 6 and the first floor window in the north-east facing elevation of plot 9 hereby permitted shall be glazed in obscure glass with a minimum of level 3 obscurity, and shall be fixed shut with the exception of a top hung openable fanlight (or other means of opening to be first agreed in writing by the Local Planning Authority) prior to the first occupation of the accommodation and it shall be retained as such thereafter.

Notwithstanding the provisions of the Town and Country (General Permitted Development Order) 2015 (or any Order revoking or re-enacting that Order), no development as specified in Schedule 2, Part 1, Class A - Extensions or with respect to plots 1, 2, 3, 4, 5 and 6, Class E – Outbuildings, shall be undertaken without obtaining planning permission from the Local Planning Authority. Appeal Decisions 6001174, 6001457

The development to which this permission relates must be begun not later than the expiration of three years from the date of 18 December 2024.

The development hereby permitted shall be carried out in accordance with drawing nos V22-118-SLP02 C, V22-118-SLP08 D, V22-118-P09 E, V22-118- P08 P3, V22-118-P05 D, V22-118-P06 C, V22-118-P07 C, V22-118-P02 A, V22- 118-P03 A, V22-118-P04 A, V22-118-SP01 C, V22-118-P11 P1, (96)001 H, V22- 118-TS01 and [name] 01 A, except as controlled or modified by conditions of this permission.

Prior to the commencement of development, with the exception of any demolition, detailed plans showing the existing and proposed ground levels of the site together with the slab and ridge levels of the proposed development, relative to a fixed datum points on adjoining land outside of the application site, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

No development above slab level shall take place until a photographic schedule of all materials to be used in the external construction and finishes of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved schedule.

The first floor window in the south-east facing side elevations of plots 1, 5 and 7 and the first floor window in the north-west facing side elevations of plot 2 and plot 6 and the first floor window in the north-east facing elevation of plot 9 hereby permitted shall be glazed in obscure glass with a minimum of level 3 obscurity, and shall be fixed shut with the exception of a top hung openable fanlight (or other means of opening to be first agreed in writing by the Local Planning Authority) prior to the first occupation of the accommodation and it shall be retained as such thereafter.

Notwithstanding the provisions of the Town and Country (General Permitted Development Order) 2015 (or any Order revoking or re-enacting that Order), no development as specified in Schedule 2, Part 1, Class A - Extensions or with respect to plots 1, 2, 3, 4, 5 and 6, Class E – Outbuildings, shall be undertaken without obtaining planning permission from the Local Planning Authority.

Prior to first occupation, all carbon reduction energy efficiency measures shall be implemented in accordance with the [name] hereby approved and a [name] shall be submitted to the Local Planning Authority and approved in writing. The Verification Report shall demonstrate (with photographic evidence) that the energy efficiency measures have been implemented. These measures shall be retained and maintained as such thereafter in accordance with the [name] and [name].

Details of the location and specification of any external heating or energy generation system to be used in the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The development shall be carried out in accordance with the approved schedule. Appeal Decisions 6001174, 6001457

Prior to occupation of the dwellings hereby permitted the proposed means of access onto [address] is to be formed and laid out and constructed strictly in accordance with the local highway authority's specifications and all ancillary works specified shall be undertaken.

The vision splays shown on the approved plan 8220155/6101 [name] shall not be obstructed by any object, structure, planting or other material with a height exceeding or growing above 0.6 metres as measured from carriageway level.

Before any of the dwellings hereby permitted are first occupied, the proposed vehicular accesses, driveways and turning areas that serve those dwellings shall be constructed, laid out, surfaced and drained in accordance with the specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

No building shall be occupied until the whole of the roads and footpaths shown on the layout plan accompanying the application, and all surface water drainage works have been laid out, constructed and completed in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

Cycle parking facilities shall be provided prior to the occupation of the development hereby approved in accordance with the details shown on drawing Site Cycle Parking Plan V22-118-P09 [name]. Thereafter, the cycle parking shall be retained as approved.

A Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The approved CTMP shall be implemented prior to any works being carried out on site, and shall be maintained throughout the course of the development.

Prior to the construction of any development above slab level a scheme for the landscaping of the site, including the planting of live trees and shrubs, the treatment of the access road and hard standings, and the provision of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. These details shall include schedules of new trees and shrubs to be planted (noting species, plant sizes and numbers/densities), including street tree planting with climate resilient species with longer life expectancy and greater canopy coverage, the identification of the existing trees and shrubs on the site to be retained (noting species, location and spread), any earth moving operations and finished levels/contours, and an implementation programme. The scheme shall be implemented prior to the first occupation or use of development and thereafter be maintained in accordance with the approved scheme. In the event of any of the trees or shrubs so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree or shrub or equivalent number of trees or shrubs, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.

Prior to the occupation of the development hereby permitted comprehensive details of a maintenance schedule and a long term management plan (for a minimum period of 20 years), for the soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority. The Landscape Appeal Decisions 6001174, 6001457 Management Plan shall include: a) Details of long term design principles and objectives. b) Management responsibilities, maintenance schedules and replacement provisions for existing retained landscape features and any landscape to be implemented as part of the approved landscape scheme including hard surfaces. c) A plan detailing which areas of the site the Landscape Management Plan covers and also who is responsible of the maintenance of the other areas of the site. d) Summary plan detailing different management procedures for the types of landscape on site e.g. Wildflower meadows, native or ornamental hedgerows. The schedule and plan shall be implemented in accordance with the agreed details.

That all trees to be planted within hard surface areas shall be planted in the first planting season after the first use of the buildings. The tree/s must be planted into site specific tree pits. The tree pits are to be a crated pit design that incorporates technology that will enable tree/s to successfully grow in hard surface environments. The pits must provide the significant quantities of growing medium required to allow the trees to become established and grow on to maturity, sustaining the trees in a healthy condition and allow for ease of maintenance. Details of the tree species and the tree pits shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development on the site. In the event of any of the trees so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree of a species first approved by the Local Planning Authority, shall be planted and properly maintained.

Prior to the commencement of any site works or operations, including demolition and site clearance relating to the development hereby permitted, an [name] and accompanying Tree Protection Plan shall be submitted to and approved in writing by the Local Planning Authority. The Arboricultural Method Statement must include the following: a) A specification of any pruning or tree surgery works to any trees to be retained, to prevent accidental damage by construction or demolition activities; b) The specification and location of temporary tree protective fencing and any ground protection required to protect all retained trees in accordance with the current edition of BS 5837 ''Trees in relation to design, demolition and construction'', and details of the timing and duration of its erection; c) The definition of areas for the storage or stockpiling of materials, temporary onsite parking, site offices and huts, mixing of cement or concrete, and fuel storage; d) The means of demolition of any existing site structures, and of the re instatement of the area currently occupied thereby; e) The route and method of installation of drainage or any underground services in the vicinity of retained trees; Consideration will be made to avoid siting of utilities and service runs within the Root Protection Area (RPA) of all trees to be retained. Only where it can be demonstrated that there is no alternative location for the laying of utilities, will encroachment into the RPA be considered. Methodology for any installation works within the RPA will be provided and must be in compliance with the current edition of NJUG 'Guidelines for the planning and installation and maintenance of utility apparatus in proximity to trees'. f) The details and method of construction of any other structures such as boundary walls in the RPA of retained trees and how these relate to existing ground levels; g) The details of materials and method of construction of any roadway, driveway, parking, pathway or other surfacing within the RPA, which is to be of a '[name] construction method, in accordance with the principles with in Arboricultural Appeal Decisions 6001174, 6001457 Association Guidance Note 12 "The use of cellular confinement systems near trees" and in accordance with current industry best practice; and is appropriate for the type of roadway required in relation to its usage. h) Provision for the supervision of ANY works within the RPA of trees to be retained, and for the monitoring of continuing compliance with the protective measures specified, by an appropriately qualified arboricultural consultant, to be appointed at the developer's expense and notified to the Local Planning Authority, prior to the commencement of development; and provision for the regular reporting of continued compliance or any departure there from to the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details with the agreed measures being kept in place during the entire course of development.

No external lighting shall be installed on site unless and until a sensitive lighting strategy for bats is submitted to and approved in writing by the Local Planning Authority. The strategy shall: a) identify those areas/features on site that are likely to be both particularly sensitive for bats and vulnerable to disturbance from artificial lighting, including: known or potential breeding sites, resting places, foraging areas or important routes used to access key areas of their territory. b) show how and where external lighting will be installed (through provision of appropriate lighting plans, isolux contour maps and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their breeding sites or resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy. Under no circumstances should any other external lighting be installed without the prior consent from the local planning authority.

Prior to the commencement of the development above new slab level, details (including specification, position, height, orientation) of a scheme of biodiversity enhancements to be provided, shall be submitted to and approved in writing by the local planning authority. The scheme shall be designed in conjunction with a suitably qualified ecologist and bird/bat boxes on buildings shall be integrated into the fabric of the development. A minimum number of biodiversity enhancement features shall be provided onsite as follows: nine integrated bird nest boxes for house sparrow Passer domesticus or swift Apus apus, nine integrated bat boxes, and one hedgehog fence tunnel within each length of closeboarded fencing forming a plot boundary (arranged so that each plot is connected to at least two separate adjacent plots or to one other plot and open/public space as appropriate). Thereafter, the development shall be implemented in accordance with the approved details. All features shall be provided prior to first use and shall be maintained and retained thereafter.

Prior to any works starting on site, a [name] for protected species shall be submitted to and approved in writing by the Local Planning Authority. This shall be produced by a suitably qualified ecologist and shall describe [name] to be employed during construction to avoid impacts on: a) Badger, hedgehog and other small animals (including measures to be employed to avoid these species becoming trapped in excavations). b) Nesting birds (including vegetation clearance timings and/or arrangements for ecological supervision). c) Great crested newt and other amphibians (including details of a toolbox talk to be given to contractors, methods for sensitive clearance of vegetation and the onsite pond, rules for siting and Appeal Decisions 6001174, 6001457 storage methods of building materials and site waste to minimise risks of amphibians using them as temporary refugia and the procedure to be followed if an amphibian is discovered during works). The approved [name] shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

The hours of operation for construction and demolition works shall be restricted to 07:30-17:30 Monday to Friday and 08:00-13:00 on a Saturday. No work is permitted to take place on Sundays or Public Holidays without the prior written authority of the Local Planning Authority.

Prior to the commencement of development, with the exception of any demolition, a full foul and surface water drainage scheme, shall be submitted to, and approved in writing by, the Local Planning Authority. The design of the foul and surface water drainage system will be in accordance with the strategy as set out on drawing 241775/DS/12 including levels, size, position and construction of all drainage works from the RWPs/SVPs of each plot. The submitted information shall include: a) A drainage layout to show all surface water drainage from the RWP. This must also include proposed rain water butts. b) A drainage layout to show all foul water drainage from SVP. - A 10% increase in impermeable areas will need to be added to the SWD hydraulic calculations to accommodate any forthcoming urban creep. c) A full manhole schedule must be provided. - Maintenance strategy inclusive of ownership of all shared features on a coloured drawing with key appended. d) Full construction details of all surface water drainage features including hard standing areas. e) A long section of the gravity sewer including the swale to its connection point with the third party surface water drainage system. The development shall be implemented in accordance with the approved detail.

Prior to the commencement of development, with the exception of any demolition, a construction phase surface water management strategy scheme shall be submitted to and approved in writing by the Local Planning Authority. The strategy must demonstrate how surface water will be managed throughout the construction phase. The development shall be implemented in accordance with the approved detail.

Prior to the occupation of any dwelling, a foul water and SUDS compliance report prepared by an appropriately qualified Engineer must be submitted to and approved by the Local Planning Authority. This report must evidence that the foul water and sustainable drainage system has been installed and completed in accordance with the approved scheme (or detail any minor variations). This report should as a minimum cover the following; a) Inclusion of as-built drawings in AOD. Levels of all drainage works and FFL must be included. As-built drawings must be provided in PDF and DWG format. b) Inspection details of foul pipework, manholes and SUDS features such as flow controls, storage features and volumes and critical linking features or pipework undertaken, with appropriate photographs and evidence of inspections incorporated, c) Maintenance responsibilities details, d) Details of any remediation works required following the initial inspection, e) Evidence that that remedial works have been completed, f) [name] survey of the whole network.

Prior to the first occupation of the development hereby approved, an [name] shall be installed for each dwelling and thereafter retained as such. Appeal Decisions 6001174, 6001457

Prior to the first use of the development hereby approved, a habitat management and monitoring plan (HMMP) shall be submitted to and approved in writing by the local planning authority. The HMMP shall accord with the approved landscaping plans and biodiversity metric assessment and cover a minimum period of 30 years from the point that the development is completed (including landscaping), and include the following details: a) Description and evaluation of features to be managed. b) Aims and objectives of management. c) Ecological trends and constraints on site that might influence management. d) Method statement for the successful establishment of target habitats and features. e) Prescriptions for management actions, with specific reference to the required habitat condition criteria linked to the supporting biodiversity metric assessment. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g) Details of the body or organization responsible for implementation of the plan, and extent of their management responsibilities. h) Ongoing monitoring and remedial measures. The HMMP shall include details of the legal and funding mechanism by which the long term implementation of the plan will be secured by the developer with the management bodies responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the HMMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. Thereafter the HMMP will be implemented in accordance with the approved details and management prescriptions implemented across the site for the plan period.

Prior to the commencement of development, with the exception of any demolition, a certificate confirming the agreement of an [name] to deliver a [name], totalling a minimum of 0.04 biodiversity units, has been submitted to and approved in writing by the Local Planning Authority. The written approval of the Council shall not be issued before the certificate has been issued by the [name]. The details of biodiversity enhancements shall be documented by the [name] and issued to the Council for their records. End of Schedule