Appeal 6001987

The appeal is allowed and planning permission is granted for the erection of 11 residential dwellings with garages and associated parking with landscaping and alterations to the existing property at [site address] in accordance with the terms of the application, Ref R24/0474, subject to the conditions in the attached schedule.

An application for costs was made by [name] of Geraghty Group against Rugby Borough Council. This application is the subject to a separate

Completed ‘counterpart’ obligations (the S106) dated 9 March 2026, which are identical in all respects except that each is signed by a different party, were submitted during the determination of this appeal. All the relevant parties have entered into the S106.

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

The appeal site consists of No. [site address] , a detached 2-storey dwelling and associated land, as well as the rear section of the garden to No. [address]. The entirety of the appeal site falls within the defined settlement boundary of Rugby.

Viewing the appeal site from the south, it is seen against the backdrop of the residential areas to its north and west that mark the edge of the built-up area. To the south there is a noticeable contrast where the landscape changes to open fields and pastureland that forms part of the Rainsbrook Valley.

Whilst reference has been made to the Rainsbrook Valley Landscape Sensitivity Study (2017) by the main parties as well as within an appeal decision1 (the 2023 decision) that granted planning permission for 5 dwellings on a smaller portion of the appeal site before me, I have not been provided with a copy. Nevertheless, there is consistency between these accounts, in that the area of the Rainsbrook Valley that the site lies within, comprises a series of regular small to medium hedged fields on a plateau summit, which has a high-medium sensitivity to change. This equates to scope for some development within this zone providing that the existing landscape structure of hedgerows and trees are retained and enhanced to ensure new development is not visually obtrusive. Based on the evidence before me and my own observations, I find no reason to reach a different

The proposal would see the erection of 11 detached, 2-storey, 3 and 4-bed houses, along with the retention of No. 25, which would be subject to some modest alterations. This would introduce a significantly greater amount of built-up form to that currently found on the site. Moreover, this would also result in a greater level of visual impact on the wider valley landscape than the 2023 decision, particularly the new houses positioned to the southern side of the site. However, key elements of the existing landscape on the site, most noticeably trees and hedgerows along the site’s eastern, southern and western boundaries would be retained and enhanced with new landscaping. This includes, and of particular note, a new hedge along a significant length of the site’s southern boundary where there is currently an exposed timber post and rail fence with little vegetation.

Consequently, the proposed development would be of a form that responds to the suburban nature of its immediate surroundings to the north and west. It would be contained within the settlement boundary and would not encroach into the adjacent open field or the adjoining countryside. Moreover, it would retain and reinforce the existing landscape structure on the site in a manner that would not result in an unacceptable degree of visual intrusion or prominence on the existing landscape character of the area, including Rainsbrook Valley.

Reference has been made to the Rainsbrook Valley Landscape Sensitivity Assessment (December 2025), recent enhanced protections to Rainsbrook Valley and appeal decisions for housing developments. Nevertheless, these details are not before me and as such I have not been able to offer these any weight or identify whether the circumstances are comparable to the appeal proposal. 1 Appeal Ref: APP/E3715/W/22/3304121

For the above reasons, the proposed development would have an acceptable effect on the character and appearance of the area, including Rainsbrook Valley. It would comply with Policy NE3 of the Rugby Borough Council Local Plan 2011- 2031 (RBCLP), which seeks, amongst other things, development proposals that consider its landscape context as well as relate well to local topography and built form and enhance key landscape features.

RBCLP Policy H2 sets out affordable housing targets unless the local planning authority is satisfied by robust financial viability evidence that development would not be financially viable at the relevant target level. It adds that affordable housing should be provided on-site unless off-site provision or an appropriate financial contribution in lieu can be robustly justified, and the agreed approach contributes to the objective of creating mixed and balanced communities.

There is no dispute between the main parties that the relevant affordable housing target level given in RBCLP Policy H2 would make the scheme unviable and a reduce provision, with a value of £42,500, could be achieved whilst still making the development viable for the appellant. An unchallenged claim by the Council indicates that the target affordable housing provision would equate to 3.3 affordable dwellings or an off-site payment of £187,118. The area of disagreement centres on whether the provision of only market housing on the site, and the reduced affordable housing provision in the form of an off-site financial contribution, would create a mixed and balanced community.

Little evidence is before me in regard to what the on-site reduced affordable housing provision would look like in terms of unit numbers, type and tenure, whether a [name] would be involved, as well as how it would meet the needs in the borough, considering factors such as the latest Housing and Economic Development Needs Assessment. Without this information it is not possible to fully appraise if an on-site reduced provision would appropriately integrate affordable housing to achieve an inclusive and mixed community. Accordingly, in the absence of such information, I am not able to conclude on whether an on-site reduced affordable housing provision would create a mixed and balanced community in this particular case.

Supporting text to RBCLP Policy H2 identifies that when the Council considers an off-site contribution in lieu of on-site provision it will seek to ensure that adequate finance is secured to deliver affordable housing elsewhere in the Borough to meet needs and create mixed and balanced communities. This approach offers flexibility, in certain circumstances, including that any contributions may also be used to purchase existing dwellings to use as affordable housing. For the above reasons, and in light of the unchallenged conclusions of the Council’s independent viability consultant, I am satisfied that the off-site reduced provision has been justified in this case. It would offer the adaptability of contributing elsewhere, in a manner that meets the needs of the Borough and creates a mixed and balanced community.

In conclusion, the proposed development makes adequate provision for affordable housing and is in accordance with RBCLP Policy H2.

The S106 includes a number of planning obligations that would come into effect if permission is granted. I have assessed the planning obligations against Regulation 122 of the Community Infrastructure Levy Regulations 2010 and Paragraph 58 of the National Planning Policy Framework (the Framework).

Affordable housing provision in the form of an off-site financial contribution is secured by the S106. It is common ground that there is a need for such housing in the Borough and an off-site financial contribution would assist in addressing this need.

A financial contribution towards the provision of off-site open space facilities is secured by the S106. This would meet the needs of future occupiers using calculations and is informed by open space standards set out in RBCLP Policy HS4.

Contributions towards the Council’s cost of monitoring implementation and compliance with the provisions of the obligations, including biodiversity net-gain requirements, are included within the S106. These appear to be reasonable administration fees relative to the size of the contribution to be monitored.

I am satisfied that these obligations are necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to the development. It thereby accords with the tests for planning obligations, and I have taken them into account in determining the appeal.

The S106 also includes a financial contribution, and associated monitoring fee, towards road safety initiatives in the vicinity of the development. The officer report highlights that this would include road safety initiatives targeted within the ‘community of the development’, including road safety education for schools and training/education for other vulnerable road users within the local area. However, it has not been demonstrated that this planning obligation is necessary to the make the development acceptable in planning terms. Consequently, I am not satisfied that the contribution satisfies the tests for obligations, and I give the road safety contribution no positive weight in my determination.

Residents have expressed a wide range of other concerns including, but not limited to: highway safety, traffic congestion, vehicle emissions, living conditions, the need and type of housing in this location, ecology and pressure on existing services.

The Council’s officer report addresses these concerns, including relevant consultee responses, and these did not form part of the reasons for refusal, which I have dealt with in the assessment above. There is no compelling evidence that would lead me to come to a different conclusion to the Council on these matters.

It is argued that if the appeal were to be allowed, it would set a precedent for similar development elsewhere. [name] recognise that consistency in the planning process is important and like cases should be decided in a like manner, it is also important to reiterate that each case is determined on its own merits and on the basis of evidence, particularly in relation to matters of character and appearance. As such, I am satisfied that my decision on this proposal, on this particular site with its distinct characteristics in this context would not harm the ability of the Council to exercise in equity their judgement on matters of character and appearance, including the Rainsbrook Valley, as I have done in this case, in future cases.

I have had regard to the conditions put forward by the Council, which the appellant has been given the opportunity to comment on. I have amended the wording where necessary in the interests of precision and clarity. I have also had regard to the tests in the Framework and the Planning Practice Guidance.

In addition to the standard time condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans in the interests of certainty.

Conditions are attached relating to an arboricultural method statement and tree protection plan, a programme of archaeological evaluative work, a construction management plan, including delivery, demolition and construction working hours; bat mitigation measures; and a construction environment management plan. These need to be pre-commencement so as to protect and mitigate impacts on: trees; archaeology; the living condition of neighbouring occupiers and highway safety; protected species and habitats before work commences on site, and, where relevant, throughout the construction stage.

A pre-commencement condition is also reasonable and necessary to require the remediation of land contamination before construction begins. This is to protect the health of occupiers of the proposal and to ensure that any contamination risks are mitigated.

It is also necessary to apply a pre-commencement condition to secure a [name] and Monitoring Plan to ensure that the significant on-site biodiversity and habitat enhancements delivered as part of the development are appropriately managed and maintained.

Conditions are attached relating to external materials, landscaping and boundary treatments in the interests of character and appearance.

In the interests of highway safety and to promote sustainable transport modes, conditions covering the road’s construction as well as the provision of cycle storage, the site’s access, a crossing facility, visibility splays and sustainable welcome packs for future residents are included.

I have imposed conditions requiring the drainage system to be carried out in accordance with the approved details as well as the provision of a [name] and a maintenance plan for the avoidance of doubt and in the interests of preventing an increased risk of flooding.

In order to achieve water efficiency, air quality neutral standards, and broadband connectivity, as well as encourage the use of electric vehicles, conditions are included in relation to water use, air quality, broadband infrastructure and passive electric vehicle charging points respectively.

A condition is necessary to control the type of glazing to the first floor in the side elevations of the dwellings in the interests of the living conditions of occupiers of neighbouring properties.

Details of any external lighting is required prior to its installation in the interests of biodiversity.

No quantifiable adverse impacts have been shown if construction HGV or delivery traffic associated with the development route via the [name] during the hours of 7:30-9:30am and 4:30-6:30pm. As a result, it is not necessary to limit such vehicular movements in this manner.

No demonstrable harm has been presented to me should occupiers of the dwellings hereby approved choose to utilise permitted development rights. Therefore, it is not necessary for such permitted development rights to be restricted.

I have not imposed conditions requiring the road serving the development and parking and manoeuvring areas to be provided in accordance with the approved plans, constructed in a manner that would not reduce the effective capacity of the drainage system, and surfaced in a suitable bound material. These are covered by the approved plans, drainage system and landscaping scheme conditions respectively.

The justification for the Council’s suggested condition relating to the provision of adequate water supplies and fire hydrants is not sufficiently clear or evidence-based to meet the test of necessity.

The Council has suggested an informative relating to [name], however as the general biodiversity gain condition is deemed to apply to every planning permission granted, unless specifically exempt, it should not be duplicated by planning conditions. As such, I have not imposed a condition to this effect.

For the reasons given above, the appeal should be allowed, subject to the conditions set out in the attached schedule.

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: 05723-HBA-DR-A-004 [name] - Location and Block Plan Proposed 05723-HBA-DR-A-005 [name] - Site Layout- Ground Floor Plans 05723-HBA-DR-A-006 [name] - Site Layout- First Floor Plans 05723-HBA-DR-A-006 [name] - Site Layout- Roof Plans 05723-HBA-DR-A-008 [name] - Plot 1 Plans & Elevations 05723-HBA-DR-A-009 [name] - Plot 2 Plans & Elevations 05723-HBA-DR-A-010 [name] - Plot 3 Plans & Elevations 05723-HBA-DR-A-011 [name] - Plot 4 Plans & Elevations 05723-HBA-DR-A-012 [name] - Plot 5 Plans & Elevations 05723-HBA-DR-A-013 [name] - Plot 6 Plans & Elevations 05723-HBA-DR-A-014 [name] - Plot 7 Plans & Elevations 05723-HBA-DR-A-015 [name] - Plot 8 Plans & Elevations 05723-HBA-DR-A-016 [name] - Plot 9 Plans & Elevations 05723-HBA-DR-A-017 [name] - Plot 10 Plans & Elevations 05723-HBA-DR-A-018 [name] - Plot 11 Plans & Elevations 05723-HBA-DR-A-019 [name] - [name] & Elevations 05723-HBA-DR-A-020 - [name] & [name] 05723-HBA-DR-A-021 [name] - Existing Dwelling Proposal 05723-HBA-DR-A-022 [name] – Site Layout Indicating Electric Vehicle Chargers 05723-HBA-DR-A-023 [name] - Illustrative Site Section I 05723-HBA-DR-A-024 [name] - Illustrative Site Section II 05723-HBA-DR-A-025 [name] - Site Layout- Overall 1 Revision 3 ([name]. 1262) – Landscape and [name] JO2339/A1/004 – [name] JO2339/A1/002 [name] – Highway layout

No site clearance, preparatory work or development shall take place until a finalised arboricultural method statement and tree protection plan for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with paragraphs 5.5 and 6.1 of [name] 5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent [name] if replaced) has been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees shall be carried out as approved prior to any works, demolition or development taking place and a site meeting between the developer, the Local Planning Authority arboricultural officer and designated arboricultural consultant responsible for the site will take place to inspect tree protection measures. Protective measures shall remain in place until the completion of all construction works.

No development shall take place until: a) A Written Scheme of Investigation (WSI) for a programme of archaeological evaluative work has been submitted to and approved in writing by the local planning authority. b) The programme of archaeological evaluative fieldwork and associated post excavation analysis and report production detailed within the approved WSI has been undertaken. A report detailing the results of this fieldwork, and confirmation of the arrangements for the deposition of the archaeological archive, has been submitted to the local planning authority. c) An Archaeological Mitigation Strategy document (including a [name] of Investigation for any archaeological fieldwork proposed) has been submitted to and approved in writing by the local planning authority. This should detail a strategy to mitigate the archaeological impact of the proposed development and should be informed by the results of the archaeological evaluation. The development, and any archaeological fieldwork, post-excavation analysis, publication of results and archive deposition detailed in the approved documents, shall be undertaken in accordance with those documents.

No development shall take place, including any works of demolition, until a [name] has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) wheel washing facilities; v) measures to control the emission of dust, dirt, noise and vibrations during construction; vi) a scheme for recycling/disposing of waste resulting from demolition and construction works; vii) delivery, demolition and construction working hours; viii) a piling risk assessment if such works are to take place. The approved [name] shall be adhered to throughout the construction period for the development.

No development shall take place until the remediation proposals contained within the ‘Castledine Environmental Land Contamination Surveys Phase 2 Land Contamination Risk Assessment, ref 3659A – 76Geraghty – Rugby, dated 21/12/2023’ has been produced in a scheme as per (a) below. Remediation works may take place concurrently with other development work. If unexpected contamination is found after development has begun, development shall be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the local planning authority until condition (c) below has been complied with in relation to that contamination. (a) A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be prepared and subject to approval in writing by the local planning authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. (b) The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation. The local planning authority shall be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be prepared and subject to approval in writing by the local planning authority. (c) In the event that contamination is found at any time when carrying out the development hereby permitted that was not previously identified it shall be reported in writing immediately to the local planning authority. An investigation and risk assessment shall be undertaken in accordance with the requirements of condition (a) and where remediation is necessary a remediation scheme shall be prepared in accordance with the requirements of condition (b) which shall be subject to approval in writing by the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report shall be prepared, which shall be subject to approval in writing by the local planning authority in accordance with condition (b).

No development shall take place until a detailed schedule of bat mitigation measures (to include timing of works, ecologist supervision of destructive works, toolbox talk, procedure if bats are found, including provision of a bat box during works, replacement roost details, including feature/box type, location and timetable for installation, monitoring and further survey if necessary) has been submitted to and approved by the local planning authority. Such approved mitigation measures shall thereafter be implemented in full and maintained in perpetuity.

No development shall take place (including demolition, ground works and vegetation clearance) until a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following: a) Risk assessment of potentially damaging construction activities. b) Identification of “biodiversity protection zones”. c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

No development shall take place until a [name] and Monitoring Plan (the HMMP) for a minimum 30-year timeframe shall be submitted to and be approved in writing by the local planning authority. The content of the HMMP shall include: a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including annual work plan capable of rolling forward over a five-year period). g) Details of the body or organisation responsible for implantation of the plan. h) Ongoing monitoring and remedial measures. i) The completed statutory metric applied to the application site to demonstrate that a biodiversity net gain will be achieved. j) Locations and numbers of bat and bird boxes, reptile, and amphibian refugia, invertebrate boxes. k) Details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where 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. The approved plan will be implemented in accordance with the approved details.

No development above ground level shall take place until details and samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and samples.

No development above ground level shall take place until a full specification of all proposed tree planting has been submitted to and approved in writing by the local planning authority. The specification shall include the quantity, size, species, and positions or density of all trees to be planted, how they will be planted and protected and the proposed time of planting. The tree planting shall be carried out in accordance with the approved specification. Any tree which within 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

No development above ground level shall take place until details of the standards to which the road serving the development is to be constructed have been submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until the road has been constructed in accordance with the approved details.

No development above ground level shall take place until details of all proposed walls, fences and gates have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details before the dwellings are occupied.

No development above ground shall take place until a scheme detailing on-site measures to be incorporated with the development in order to meet air quality neutral standards or to provide suitable mitigations, has been submitted to and approved in writing by the local planning authority. The approved scheme shall be fully implemented prior to first occupation of the dwellings and thereafter maintained for the lifetime of the development.

No dwelling shall be occupied until details of the provision of secure cycle storage and bin stores has been submitted and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details prior to first occupation of the dwellings and retained for the lifetime of the development.

All planting, seeding or turfing comprised in the approved landscaping and ecological enhancement scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

No dwelling shall be occupied until the drainage works, have been completed in accordance with the following details: • [name] and [name]. JO2339/A1/005 [name]. • Flood Risk Assessment, [name] J02339 (December 2024). • [name]. J02339-A1-001-[name]. • [name] Reference no. 1136597. The following mitigation measures as detailed in the approved documents as detailed above must be implemented prior to the first occupation of the development hereby approved:

Limit the discharge rate generated by all rainfall events up to and including the 1 in 100 year (plus climate change) critical rain storm to 2l/s with final discharge to the west of the site upon completion of the full works.

Implementation of the proposed surface water drainage strategy including rain gardens, permeable paving and below-ground geocellular attenuation.

No occupation shall take place until a [name] for the installed surface water drainage system for the site based on the approved [name] (J02339/A1/001/[name]) has been submitted in writing by a suitably qualified independent drainage engineer and approved in writing by the Local Planning Authority. The details shall include:

Demonstration that any departure from the agreed design is in keeping with the approved principles.

[name] and accompanying photos.

Results of any performance testing undertaken as a part of the application process (if required / necessary).

Copies of any [name], such as [name] for Discharges etc.

Confirmation that the system is free from defects, damage and foreign objects

No occupation and subsequent use of the development shall take place until a detailed, site specific maintenance plan has been submitted to and approved in writing by the local planning authority. The maintenance plan shall include the following;

Provide the name of the party responsible, including contact name, address, email address and phone number.

Include plans showing the locations of features requiring maintenance and how these should be accessed.

Provide details on how each surface water relevant feature shall be maintained and managed for the life time of the development.

Be of a nature to allow an operator, who has no prior knowledge of the scheme, to conduct the required routine maintenance. The approved maintenance plan shall then be implemented and retained for the lifetime of the development.

The development hereby permitted shall not be occupied until the means of access to the site and the crossing facility on [address] has been constructed in accordance with the approved plans. The access and crossing facility shall be retained thereafter.

No dwelling shall be occupied until the visibility splays shown on the approved plans have been provided. They shall remain free of any obstruction exceeding 0.6m in height and shall be retained as such thereafter.

No dwelling shall be occupied until details of [name], including public transport information, has been submitted to and approved in writing by the local planning authority. The approved packs shall be provided to the occupiers of each dwelling prior to the first occupation of that dwelling.

The dwellings hereby permitted shall not be occupied until the windows in the side elevations at first floor level have been fitted with obscured glazing. Details of the type of obscured glazing shall be submitted to and approved in writing by the local planning authority before the window is installed and once installed the obscured glazing shall be retained thereafter.

Prior to first occupation of each dwelling, broadband infrastructure shall be provided to that dwelling to allow broadband services to be provided.

Prior to first occupation of each dwelling, a passive electric vehicle charging point shall be provided to that dwelling in accordance with the approved plans.

Prior to the installation of any external lighting, full details including height, design, location and intensity 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.

The dwellings hereby approved shall incorporate measures to limit water use to no more than 110 litres per person per day within the home in accordance with the optional standard 36 (2b) of [name] of the Building Regulations 2010 (as amended). **END OF SCHEDULE**