Appeal 6001253

The appeal is allowed and outline planning permission is granted for the erection of 2No. four-bed dwellings including access, layout and scale, with all other matters reserved at [site address] , [name] [postcode] in accordance with the terms of the application, Ref PA25/0730, subject to the conditions in the attached schedule.

The application form indicates that outline planning permission is sought for the proposal, including detailed approval for access, layout and scale. Matters relating to appearance and landscaping are, therefore, reserved for future approval. While the description of development on the application form and the decision notice refer to other reserved matters, the appellant confirmed during the Hearing that those matters ticked on the form reflected the approval sought. On this basis, whilst not formally part of the proposal, I have treated any details submitted with the appeal scheme, including those shown on the plans, relating to appearance and landscaping as indicative.

The appeal form includes [address] London Limited as an appellant. While this organisation may have an interest in the site, it was not listed as an applicant on the application form. The names in the banner head above, therefore, comprise those who submitted the application.

After the Council determined the application, the London Borough of Richmond Local Plan 2024-2039 (the Local Plan) was adopted, superseding the Local Plan 20181 and the Publication Local Plan2. As my decision must be based on the development plan policies currently in force, I have determined this appeal in accordance with the recently adopted Local Plan. 1 London Borough of Richmond Local Plan (2018) 2 Richmond Publication Local Plan (Regulation 19 version), published for consultation on 9 June 2023

I have also dealt with another appeal submitted by the appellant on the site 3, both of which were discussed during the same Hearing. However, as the other appeal relates to an application for full planning permission for six dwellings and was refused for differing reasons, that appeal is subject to a separate decision.

[name] am aware that a third application seeking full planning permission 4 for five dwellings has been submitted to the Council, this has not been determined as yet. As such, it is not a determinative matter in this appeal.

The main issues are: • the effect of the proposal on the character and appearance of the area, including trees; and • whether the proposal makes adequate provision for affordable housing.

The appeal site comprises a modest, detached, two storey dwelling and its associated large garden area on the residential street of [address]. Despite the scale of the garden area, it contains few notable landscape features. Aside from several small fruit trees, a holly and a cypress, more established and substantial trees are positioned closer to/on the site boundary. The remainder of the garden includes overgrown dense scrub and grassy sections surrounding domestic paraphernalia such as ornaments, a small shed and a greenhouse, and plant beds. None of the landscape features within the site are protected although my attention has been drawn to the fact that a group of trees on the site was subject to a TPO5. This, however, has been revoked.

A variety of dwelling typologies are present along the road, from detached and semi-detached dwellings up to three storeys, to four-storey flatted development. Although there is not a singular, consistent built form typology, taller and bulkier development forms are predominately located between the site and [address]’s junction with [address], sitting within communal gardens. In contrast, in the other direction, detached and semi-detached dwellings are commonplace with, for the most part, long rear gardens.

A similar transition between the presence of trees and other landscape features within the street scene is appreciable in the vicinity of the site; with the bulkier flatted development incorporating substantial mature trees within their grounds. The occasional street tree also contributes to the verdancy of this part of [address] and provides partial screening to the built form. In comparison, on the other side of the site, trees and landscape features present in front gardens are modest and any street trees are small in stature. The substantial trees located either side of the road between the site and [address] creates a sense of enclosure with the greenery prominent the street scene. In the other direction, between the site and Bushy Park Road, a more open character is appreciable, with neither built form nor landscape features dominant. 3 Appeal ref: 6001252; Council application ref: 24/1621/FUL 4 Council ref: PA25/4148 5 Group Tree Preservation Order (TPO) T1107 – revoked in 2022

As a result, the width of the appeal site and the offset siting of the existing dwelling adjacent to the flatted development of [address], together with its modest scale in comparison to other detached properties nearby and the size of the garden, acts as a break or point of change between differing built form grains. As such, the appeal site reflects few of the features which contribute to the varying character along [address].

The proposal comprises two detached dwellings; Plot [address] with accommodation across three floors, including within the roof space; and Plot 2, a two-storey house, located to the rear. While backland development is not a key feature of the area, nonetheless dwellings located at the rear of properties which address the street are present either side of the site, behind 118 and [address] and as part of the flatted development of [address].

Although broader than the existing dwelling, the width of the proposed dwellings would not be dissimilar to other properties nearby. In any event, the width and depth of built form in the area varies, as identified within the Village Planning SPD6, with numerous properties having been extended to the side, rear and/or into the roof. Additionally, the modest size of the proposed gardens would be comparable to those serving the adjacent properties of 118, 120 and [address]. Consequently, the height, bulk and massing of the proposed dwellings would not be discordant with the surrounding context.

The design of the roofs of the proposed dwellings was a key discussion point during the Hearing, with the use of crown forms considered to be out of character with the surrounding built form. However, during my site visit I observed a wide variety of roof forms along the road, including pitched, gable ended, hipped, mansard, crown and flat roofscapes, many with different styles of dormer windows. The addition of two dwellings with crown roofscapes would not, therefore, be incongruous within the street scene.

Despite the proposal resulting in the loss of much of the garden land as well as the trees located away from its boundaries, these features make minimal contribution to the character and appearance of the site or the wider area. Their removal would not, therefore, result in adverse harm to the street scene or the surrounding context. Furthermore, as matters relating to landscaping are reserved for later consideration, the proposed planting of trees, hedges, shrubs or grass across the site is yet to be established. This also applies to the proposed hardstanding works, including the materials to be used, their texture and colour; all of which fall under considerations as part of the approval of the appearance reserved matters. Consequently, whilst details relating to the reserved matters can affect the character and appearance of the area, nevertheless they require approval from the Council, subject to the standard condition before the development can commence.

Policy 15 of the Local Plan stipulates that infill and backland development should result in no significant loss of garden land. The meaning of the term a significant loss in this context is not, however, defined. Nonetheless, Policy 15 does not preclude backland development provided it reflects the characteristics of the surrounding area, provides adequate separation between dwellings, appropriate garden space and retains or replaces important features, amongst other aspects. 6 [name] and Teddington Village Planning Guidance SPD (Village Planning SPD) This approach is amplified by the [name] SPD7 and the Design SPD8 which require that development be informed by the proportions, layouts, groupings and building lines of adjacent properties. Given the reasons above, I conclude that the proposed development would be of a scale which harmonises with its surroundings including sympathetic building heights and massing.

I conclude that the proposal would not harm the character and appearance of the area, including trees, and accords with policies 15, 28 and 42 of the Local Plan insofar as they relate to local character and the contribution trees make to it. The proposal also complies with the Village SPD, [name] and the [name], which amplify the aforementioned policies.

Policy 11 of the Local Plan requires all residential development to provide affordable housing. With regard to small sites (less than ten dwellings) a contribution to the [name] is required rather than an onsite provision. This requirement is not, however, consistent with the National Planning Policy Framework’s (the Framework) approach to securing affordable housing as part of residential proposals comprising ten or more dwellings.

Nonetheless, the supporting text to Policy 11 of the Local Plan indicates that the scarcity of land in the Borough, particularly sites capable of accommodating ten or more dwellings, alongside the demand for properties and some of the highest house prices in the [name], has contributed to an acute affordable housing crisis in the area. This has been the case for many years, with the Council having adopted a similar approach within policies in the Local Plan’s predecessor.

In addition, as part of the evidence base for the recently adopted Local Plan, the viability of the affordable housing targets within Policy 11 was assessed, in accordance with the Planning Practice Guidance (PPG), to ensure development is deliverable without the need for further assessment at the decision-making stage. On this basis, despite the aforementioned inconsistency, as Policy 11 of the Local Plan reflects the Framework’s requirement that strategic policies should be informed by local housing needs, I attribute significant weight to it within my

The affordable housing contribution amount required for all residential development is based on a sliding scale dependent on the number of units proposed, whether there would be a loss of former employment space or whether the conversion of a listed building is proposed. For the appeal scheme, using the pro-forma calculator appended to the [name] and applying the Council’s benchmark rent per week for 2025/2026 for a four-bed social rent unit, the affordable housing contribution totals £345,717.

As the contribution is required by Policy 11 of the Local Plan, it is necessary to make the development acceptable in planning terms. Through the use of the Council’s sliding scale commensurate with the size of the proposal, it is also directly related to the development, and fairly and reasonably related in scale and kind. It, therefore, meets the tests for planning obligations as set out within the CIL Regulations9 and the Framework. 7 Small and Medium Housing Sites Supplementary Planning Document (SPD) ([name]) 8 [name] ([name]) 9 Community Infrastructure Levy Regulations 2010 (CIL Regulations)

Within an agreed time after the virtual hearing, a signed and dated10 [name] (UU) was submitted by the appellant. This obligates the appellant to pay the affordable housing contribution prior to or on the occupation or sale date of the dwellings (whichever is sooner) to the Council. Occupation of any residential unit is also restricted until the contribution has been paid.

The UU also requires the appellant to pay a monitoring fee to the Council within one calendar month of this decision to enable the Council to administer the obligation. This fee has been calculated using the formula set out within the Council’s recently adopted Planning Obligations SPD, derived from the scale of the development, the number of obligations within the UU and using a multiplication factor based on average hour rates for a relevant Council officer. On this basis I conclude that the monitoring fee is necessary in planning terms, directly related to it and fairly and reasonably related in scale and kind, thereby meeting the relevant CIL Regulations and Framework tests.

I conclude that the proposal makes adequate provision for affordable housing and, in this respect, accords with Policy 11 of the Local Plan and the [name].

For completeness, I confirm that the UU previously submitted during the appeal process, dated 10 March 2026 and which includes a different affordable housing contribution, has no legal effect.

My attention has been drawn to the fact that a tree had been removed from the site prior to the submission of the planning application. While this was not subject to any form of protection, an appropriate value for this tree has been included in the biodiversity baseline for the site as part of a biodiversity net gain assessment. The Council has confirmed their acceptance of the biodiversity baseline. No substantive evidence is before me to disagree with that position.

Reference is made to Policy 39 of the Local Plan, which relates to biodiversity and geodiversity, on the Council’s decision notice. However, the Ecological Assessment11 concludes that the site contains relatively low value, common habitat types that have a low potential for protected species. While reference was made during the Hearing to the potential of the site to support bat and hedgehog populations, this is not substantiated within the evidence provided by the Council nor reflected within the findings of the Ecological Assessment sufficient to require further surveys or the need for significant mitigation measures.

Interested parties have raised concerns regarding the effect of the proposal on the living conditions of existing occupiers of 120 (No.120) and [address] (No.122), specifically relating to privacy. No windows are proposed in the side elevation of Plot 1 closest to No.120 and it would be separated from the neighbouring dwelling by the existing driveway access to No.122. While the rear elevation of Plot 2 would be orientated towards the principal elevation of No.122, the distance between the dwellings would exceed the minimum distance required by Policy 8 of the Local Plan to ensure acceptable levels of privacy are maintained. Therefore, any loss of privacy experienced by neighbouring occupiers 10 Dated 15 April 2026 11 Ecological and Biodiversity Net Gain Assessment (Ecological Assessment); Ref GH24001, prepared by Calyx Environmental Limited, dated June 2024 of No.120 or No.122 resulting from the proposal would be minimal and certainly not beyond the levels of privacy reasonably expected within this context.

Based on the [name] submitted with the appeal, the loss of on-street parking spaces along the site frontage would not lead to a significant adverse effect on highway safety as sufficient spaces are available within easy walking distance of the site. Reference to school safety measures for the nearby [name] has also been made by an interested party. However, no further details of these measures are before me and, during the Hearing, the main parties indicated there were no conflicts between them and the appeal scheme.

I have considered the Council’s suggested conditions in light of the Framework and the Planning Practice Guidance (PPG), and have undertaken some minor editing, rationalisation and reordering. Where appropriate I have removed the detailed lists of matters to be submitted against each condition as these are not necessary to make a condition precise or enforceable.

The standard conditions relating to the submission and timing of the reserved matters applications and the commencement of development have been imposed, as well as the standard plans condition. Where landscaping and appearance details (the reserved matters) are shown on the approved plans, I have identified that such details are excluded and do not form part of the approved details.

Conditions requiring the submission of a Construction Management Plan and a Construction Ecological Management Plan have been imposed in the interests of: the character and appearance of the area; the safety of construction workers and the public, including school children walking to and from the nearby school; the living conditions of neighbouring occupiers; and the protection of ecological habitats on and near the site, including the retained trees. It is necessary for these to be pre-commencement conditions as they are required before any work, including site clearance, starts on the site. A condition requiring ecological enhancements to be approved by the Council prior to development above ground level has been imposed to enhance the natural environment.

I have imposed conditions which require the submission, approval and provision of bicycle and vehicle parking, and refuse/waste and recycling arrangements and storage prior to the occupation of the dwellings. These are necessary to preserve the character and appearance of the area and maintain the living conditions of existing neighbouring residents and future occupiers of the dwellings, as well as in the interests of the safety of users of [address].

A condition requiring the submission and approval of a fire safety statement is necessary to ensure the safety of future occupants. Meeting the optional Building Regulation standard at M4(2) is necessary to ensure the dwellings can support diverse household types and adapt to changing needs. To minimise water use and conserve energy, respective conditions have been imposed specifying the required consumption and carbon dioxide emissions targets for the dwellings. To protect the local wildlife, particularly bats, and to minimise light pollution, I have imposed a condition requiring the approval of external lighting prior to its installation.

Given the Councils concerns regarding the character and appearance of the proposal, including the landscape character of the area, I have imposed two conditions that clarify the details required to be submitted as part of the appearance and landscaping reserved matters applications.

Given the statutory framework for biodiversity net gain (BNG) under Schedule 7 ([name] in England) of the Town and Country Planning Act 1990 (the Act), every grant of planning permission is deemed to have been granted subject to the condition that the BNG objective is met, subject to some exceptions. I have no substantive evidence before me justifying that the proposal meets any such exception. Although it is not necessary for the BNG condition to be imposed, for clarity, due to the provisions of the Act and as none of the statutory exemptions to BNG apply in this case, I confirm that the development may not commence until a biodiversity net gain plan (BGP) has been submitted to and approved by the Council. The BGP must demonstrate how at least a 10% increase in biodiversity value relative to the baseline biodiversity value of the onsite habitat is achieved.

For the reasons given above the appeal should be allowed.

Revised suggested conditions – submitted by the Council on 20 March 2026.

[name] of [name] – submitted by the appellant on 31 March 20206

[name] – submitted by the Council on 15 April 2026.

[name] dated 15 April 2026 – submitted by the Council on 16 April 2026.

Planning Obligations SPD – submitted by the Council on 16 April 2026.

Details of the appearance and landscaping ("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 three (3) years from the date of this permission.

The development hereby permitted shall take place not later than two (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 drawing nos, except in respect of appearance and landscaping, as indicated below: 21-J3747-LP101 Location Plan 21-J3747-501 rev C Site Information and Landscaping Plan (excluding landscaping details) 21-J3747-502 rev A Plot 2 Elevation and [name] (excluding landscaping details) 21-J3747-505 Plot 2 Section and 25 degree rule diagram 24.41-002 [name]

No development shall take place, including any works of demolition or site clearance, until a Construction Management Plan (CMP) has been submitted to, and approved in writing by the local planning authority. The approved CMP shall be implemented and adhered to throughout the construction period for the development.

No development shall take place, including any works of demolition or site clearance, until a Construction Ecological Management Plan (CEMP) has been submitted to, and approved in writing by the local planning authority. The approved CEMP shall be implemented and adhered to throughout the construction period for the development.

No development above ground level shall take place until an ecological enhancement scheme has been submitted to and approved in writing by the local planning authority. The ecological enhancement scheme shall be implemented as approved, prior to the occupation of the dwellings hereby permitted.

No dwelling shall be occupied until vehicle parking have been provided in accordance with details which shall first be submitted to and approved in writing by the local planning authority. The approved vehicle parking shall thereafter be kept available for the parking of vehicles.

No dwelling shall be occupied until bicycle parking facilities have been provided in accordance with details which shall first be submitted to and approved in writing by the local planning authority. The approved bicycle parking facilities shall thereafter be kept available for the parking of bicycles.

No dwelling shall be occupied until arrangements for the storage and disposal of refuse/waste and recycling have been provided in accordance with details which shall first be submitted to and approved in writing by the local planning authority. The arrangements shall be implemented as approved and the approved storage shall thereafter be kept available for the storage of refuse/waste and recycling.

No dwelling shall be occupied until the [name] (FSS) has been implemented in accordance with details which shall first be submitted and approved in writing by the local planning authority. The measures within the approved FSS shall be maintained thereafter.

No dwelling shall be occupied until the optional requirement for accessibility and adaptability set out within M4(2) Building Regulations have been complied with.

No dwelling shall be occupied until the water consumption rate of no more than 105 litres per person per day for internal water usage and 5 litres per person per day for external water usage has been complied with.

The dwellings hereby approved shall achieve a 35% reduction in carbon dioxide emissions beyond Building Regulations requirements (2013).

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.

Appearance details pursuant to condition 1) shall include, as a minimum, details of all external facing materials, including elevational treatments, fenestration and roofing.

Landscaping details pursuant to condition 1) shall include, as a minimum: i) Hard landscape works – finished levels; access and circulation areas; surfacing materials, construction and drainage; existing utility service details and locations, above and below ground; and an implementation timetable; ii) Soft landscape works – full planting plans, specifications, cultivation and establishment requirements; an implementation timetable; and a maintenance strategy; and iii) Boundary treatments – location, height and materials of all boundary treatments to be erected on the site, including an implementation timetable ** End of Schedule **