Appeal 6002000

The appeal is allowed and planning permission is granted for residential development for up to 23 dwellings together with associated infrastructure at [site address] , [site address] , Leyland [postcode] in accordance with the terms of the application, Ref 07/2024/00102/OUT, subject to the conditions in the attached schedule.

An application for costs was made by [name] and [name] against South Ribble Borough Council. This application is the subject of a separate Decision.

Outline planning permission is sought with all matters, other than the point of access onto the site, reserved. I have therefore taken any details pertaining to the reserved matters that are shown on the submitted drawings to be for indicative purposes only.

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

The appeal site is a field that is accessed from [address]. A post and wire fence extends along its road frontage and on its other boundaries it is enclosed by hedgerows and trees. The site, which is not the subject of any designation, adjoins a large linear area of land designated, as Green Infrastructure and Green Corridor/Green Wedge, that extends along both sides of [address]. A dense treed area separates the site from the designated green space.

[address] is a residential street comprising two storey detached dwellings, interspersed by single storey houses. Apart from a small undeveloped gap that forms part of the appeal site, it has an uninterrupted built-up frontage until it meets the linear green infrastructure adjoining [address]. Many other houses are also located on several no-through roads that are accessed from [address], which are seen in views along its route and from the designated green space.

Along the first stretch from [address], [address] is wider, with a pavement and street lighting. It then narrows to a single lane width along the remainder of its length, where the appeal site is located, edged by grass verges.

The proposal would not result in the loss of a designated open space, but it would infill the gap on [address] and introduce built form onto a field that is open to public views. Further changes would arise from the proposed formation of additional footway to Birchwood, involving loss of grass verges and the pruning of hedgerows. This would, inevitably, change the character and appearance of the site and the more informal and semi-rural nature of the final stretch of [address].

Nonetheless, it would not be out of keeping with the established pattern of development in the area as, although details of the layout of the site are not to be assessed at this stage, it is apparent that the proposal would be set out as a no-through road comparable to others off [address]. In the absence of compelling evidence that demonstrates otherwise, I see no reason why the proposed dwellings could not be designed to respond sympathetically to the varied and bespoke design of those nearby. Furthermore, given the extent and proximity of the designated green space, I find that the loss of the field would not be materially harmful to the character of the area.

It has been demonstrated that the existing trees around the periphery of the site, and the habitats that they provide, would be retained. There would also be the opportunity for supplemental planting on the north, east and west boundaries and along part of the site frontage to soften its appearance. This would provide a suitable transition between the development and the linear green space adjoining [address].

The proposal would increase vehicular movements along [address]. However, given the number of dwellings it already serves, including those beyond the site access, such an increase would not be materially harmful to the character or tranquillity of the area.

Overall, I consider that the proposal would assimilate into its surrounds and would be an acceptable form of development.

Accordingly, I conclude that the proposal would not harm the character and appearance of the area. As such, it would accord with Policy 17 of the [name] (CS), July 2012, or Policy G17 of the South Ribble Local Plan (LP), July 2015, which seek to ensure that new development takes account of the character and appearance of the local area and does not have a detrimental impact on landscape features. It would also accord with paragraph 135 of the National Planning Policy Framework (the Framework).

It has been suggested that the appeal is invalid. However, whilst the appeal process did not start until 10 December 2025, it was received on 26 November 2025 and was, therefore, within the relevant time limit as set within the Town and Country Planning (Development Management Procedure) Order 2015. Accordingly, based on the information before me, I find that it is a valid appeal.

Concern has been raised about congestion and the safety of all users of [address]. My attention has also been drawn to a fatal accident nearby. Nevertheless, there is no robust evidence before me to conclude that the development should be refused due to an unacceptable impact on highway safety, or that the residual impacts on the road network, following mitigation, would be severe. I note that, whilst the Highway Authority had initial concerns about the development, it raised no objections to the proposal subject to conditions. I find, therefore, there is no conflict with the Framework.

I have had regard to the other matters raised by interested parties, including impact on ecology, disturbance during construction, drainage, air pollution and loss of a dark sky. However, I have been presented with no substantive evidence that would lead me to determine that the proposal would result in material harm in respect of such matters sufficient to justify dismissing this appeal.

There is disagreement between the main parties as to whether the Council can demonstrate that it has a five-year housing land supply. Nonetheless, as I have not identified any harm arising from the proposal and, therefore, do not need to carry out a planning balance, there is no requirement that I reach a finding on this matter.

The appeal is supported by an Agreement made pursuant to section 106 of the Town and Country Planning Act 1990 (the S106 Agreement) which includes several obligations that would come into effect if planning permission is granted. They relate to the following matters:

Affordable housing: CS Policy 7 sets a target of 30% affordable housing provision in the urban parts of Preston, [name] and Chorley, which includes the appeal site. As the S106 Agreement secures 30% of the dwellings to be erected on the site as affordable housing units, it accords with that policy.

Public Open Space Contribution: The S106 Agreement provides for a payment of £36,606, which would be towards specified amenity green space and playing pitches which are within a reasonable walking distance of the appeal site. This approach is in line with policies of the development plan. Furthermore, the amount has not been disputed, and there is no reason for me to conclude, therefore, that it does not accord with the latest published financial contribution schedule as referred to within the [name] and Playing Pitch Supplementary Planning Document.

[name]: Lancashire County Council (LCC) undertook an Education Contribution Assessment, dated 29 April 2025, which concludes that there are insufficient places for the estimated primary school aged children expected from the proposal. The S106 Agreement, which the LCC is a party to, secures a primary school contribution in accordance with a set formula for the provision of additional educational places at either a nearby new school, or school/s nearby. In the absence of any evidence to the contrary, I am satisfied that sufficient provision for primary school places would be made to address the identified shortfall.

Summary: For the reasons outlined above, the obligations set out in the S106 Agreement are all necessary to make the proposal acceptable in planning terms, are directly related to the development, and are fairly and reasonably related in scale and kind. The S106 Agreement therefore meets the tests set out at paragraph 58 of the Framework and Regulation 122 of the [name] (CIL) Regulations, 2010. It would also comply with LP policies A1, G10 and G11, and CS Policy 14 which seek to ensure that funding shortfalls in infrastructure are identified and secured through developer contributions.

The Council has suggested conditions in the event that I am minded to allow the appeal, which I have reviewed and amended in line with guidance and best practice, to ensure clarity and consistency.

In the interests of proper planning, conditions setting out the standard time limits for the submission of reserved matters is necessary and in order to provide certainty. Also, in the interests of certainty, a condition setting out the approved plans is required. I have, however, not considered it necessary to list the supporting documents. In addition, I have not included the masterplan, as it was submitted for illustrative purposes and there is nothing before me that suggests its inclusion is necessary to fix the parameters of the development. I have also omitted drawing number SCP 241004-0000-005 [name], as that relates to the existing layout vehicle tracking, and not the proposed.

I impose conditions restricting hours of construction and to secure a nuisance prevention plan to ensure that the construction process is suitably controlled and its effects on the living conditions of nearby residents are minimised. A condition requiring the provision of wheel cleaning facilities and road sweeping during construction works is imposed in the interests of highway safety.

To preserve the character and appearance of the area I have imposed conditions to control the site and development levels, and to secure landscaping and the management and maintenance of public open space. I have, however, omitted reference to the footpath link to the eastern boundary as the layout of the site is not approved at this stage. The levels condition is also required to protect the living conditions of the occupants of the proposal and neighbouring occupiers.

In the interests of nature conservation, conditions are necessary to prevent works during the nesting season, secure bat and bird roosting opportunities within the site, require work to cease if the presence of any protected species is detected or suspected, secure a re-survey if the development has not commenced within two years, and to control external lighting.

To prevent flooding and pollution, I have imposed conditions to secure sustainable and foul water drainage schemes, and the management and maintenance of the sustainable drainage to be provided within the development. I have also imposed a condition to prevent damage to the water main that crosses the site in the interests of public health.

In the interests of highway safety, I have imposed a condition requiring full construction details of the site access and off-site highway mitigation works to be agreed. It is, however, the responsibility of the Council to consult the Highway Authority to assess the acceptability of the submitted details. Therefore, it is not necessary for this to be specified in this condition, and I have amended the wording accordingly.

For the same reason, I have imposed conditions that require the construction of the access to [address] to base course level before development within the site commences, the approval of details of the internal roads, management and maintenance of such roads until long term arrangements are in place, and the provision of the associated driveways and parking areas prior to the occupation of each dwelling. It is also reasonable to require, through a condition, cycle storage to promote sustainable forms of transport and to ensure an appropriate level of provision.

For the reasons given above, having regard to the development plan as a whole and all relevant material considerations, I conclude that the appeal should be allowed.

Details of the appearance, landscaping, layout and scale, “the reserved matters”, shall be submitted to and approved in writing by the local planning authority before development takes place and the development shall be carried out as approved.

Applications for approval of reserved matters shall be made to the local planning authority no later than three years from the date of this permission.

The development hereby permitted shall take place not later than two 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 drawing nos: 22-086/SL01, S23-0326, SCP 241004-0000-001 [name], SCP 241004-0000-002 [name], SCP 241004-0000-003 [name], SCP 241004-0000-004 [name], SCP 241004-0100-001 [name], SCP 241004-0100-003 [name], SCP 241004-0100-004 [name], SCP 241004-0200-001 [name], SCP 241004-0500-001 [name], SCP 241004-0700-001 [name], SCP 241004-1100-001 [name], SCP 241004-1200-001 [name], and SCP 241004-4000-001 [name].

No machinery shall be operated, no process carried out and no deliveries taken at or dispatched from the site during construction, demolition or clearance of the site outside the following times: 8.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday

No development shall take place, including any works of demolition, until a Construction Nuisance Prevention Plan has been submitted to and approved in writing by the local planning authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall provide for: (i) suitable proposed times construction works will take place (ii) the parking of vehicles of site operatives and visitors (iii) loading and unloading of plant and materials (iv) storage of plant and materials used in constructing the development (v) the location of the site compound (vi) appropriate measures to control the emission of dust and dirt during construction (vii) appropriate measures to control the emission of noise during construction (viii) details of all external lighting to be used during construction (ix) a suitable scheme for recycling/disposing of waste resulting from demolition and construction works.

As part of the first reserved matters application, a survey of the existing ground levels and proposed ground, slab and finished floor levels shall be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details.

As part of the first reserved matters application, a Management and Maintenance Plan for the laying out, landscaping, maintenance and retention of any formal or informal public open space and landscaped areas shall be submitted to and approved in writing by the local planning authority. The development shall proceed in accordance with the agreed Plan which shall be managed and maintained by a private management company (details of which shall also be provided to and agreed with the local planning authority) and this public open space shall remain free from development thereafter.

As part of any reserved matters submission that includes landscaping, details of the landscaping of the site including, wherever possible, the retention of existing trees and hedges shall be submitted to and approved in writing by the local planning authority. Any trees to be removed shall be replaced on a 2:1 equivalent basis. The approved scheme shall be implemented in the first planting season following completion of the development, or first occupation/use, whichever is the soonest. The approved scheme shall be maintained by the applicant or their successors in title thereafter for a period of 5 years to the satisfaction of the local planning authority. This maintenance shall include the replacement of any tree or shrub which is removed, becomes seriously damaged, seriously diseased or dies, by the same species or different species, and shall be agreed in writing by the local planning authority. The replacement tree or shrub must be of a similar size to that originally planted. Details submitted shall be compliant with ‘BS 8545: 2014 Trees: from nursery to independence in the landscape – Recommendations’ and shall include details of trees and hedges to be retained or removed, root protection zones, barrier fencing, and a method statement for all works in proximity to those trees and hedges to be retained during the development and construction period. Details shall also indicate the types and numbers of trees and shrubs, their distribution on site, those areas seeded, turfed, paved or hard landscaped, including details of any changes of level or landform and the types and details of all fencing and screening.

As part of the first reserved matters application, details of bat and bird roosting opportunities, and porous boundaries within the site shall be submitted to and approved in writing by the local planning authority. The agreed scheme shall be installed prior to first use of the final dwelling hereby approved and retained thereafter.

Any tree felling, vegetation clearance works, demolition works or other works that may affect nesting birds shall not take place during the nesting season, normally between March and August, unless the absence of nesting birds has been confirmed by further surveys or inspections and written approval has been given by the local planning authority.

If the presence of any protected species is detected or suspected on the development site at any stage before or during development or site preparation, works must cease and advice sought from a suitably qualified ecologist.

Should the development not have commenced within two years of the date of this permission, a re-survey shall be carried out to establish whether bats or barn owls are present at the site by a suitably qualified person or organisation. In the event of the survey confirming the presence of bats or barn owls, details of measures, including timing, for the protection or relocation of the species shall be submitted to and approved in writing by the local planning authority and the agreed measures implemented.

External lighting associated with the development shall be directional and designed to avoid excessive light spill and illumination of bat roosting opportunities within the site or trees and hedgerows in the area. The principles of relevant guidance should be followed (e.g. the Bat Conservation Trust and Institution of [name] guidance ‘Bats and [name] in the UK 08/18’).

As part of the first reserved matters application details of a sustainable surface water drainage scheme and a foul water drainage scheme shall be submitted to and be approved in writing by the local planning authority. The drainage schemes must include: (i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water in accordance with BRE365; (ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); (iii) Levels of the proposed drainage systems including proposed ground and finished floor levels in AOD (iv) Incorporate mitigation measures to manage the risk of sewer surcharge where applicable; and (v) Foul and surface water shall drain on separate systems. The approved schemes shall also be in accordance with the [name] for [name] (March 2015) or any subsequent replacement national standards. Prior to occupation of the proposed development, the drainage schemes shall be completed in accordance with the approved details and retained thereafter for the lifetime of the development.

Prior to occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to and be approved in writing by the local planning authority. The sustainable drainage management and maintenance plan shall include as a minimum: (i) Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident's management company; and (ii) Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime. The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

As part of the first reserved matters application, details of the means of ensuring the water main that is laid within the site boundary is protected from damage as a result of the development shall be submitted to and approved in writing by the local planning authority. The details shall outline the potential impacts on the water main from construction activities and the impacts post completion of the development on the water main infrastructure that crosses the site and identify mitigation measures to protect and prevent any damage to the water main both during construction and post completion of the development. Any mitigation measures shall be implemented in full in accordance with the approved details.

No part of the development hereby approved shall commence until a scheme for the construction of the new site access/ junction to [address] and the off-site works of highway mitigation has been submitted to and approved in writing by the local planning authority. No part of the development shall be occupied until the above highway works have been constructed in accordance with the approved scheme. The highway junction scheme shall include the provision of a continuous footway between the site and Birchwood, with a traffic management scheme to accommodate the footway (with signs/lines, and street lighting as required to meet design standards).

The new estate road / access between the site and [address] shall be constructed in accordance with Lancashire County Council's Specification for Construction of [name] to at least base course level before any development takes place within the site.

No development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the local planning authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a private management and maintenance company has been established.

No development shall be commenced until full engineering, drainage, street lighting and constructional details of the streets proposed for adoption have been submitted to and approved in writing by the local planning authority. The development shall, thereafter, be constructed in accordance with the approved details.

For the full period of construction, facilities shall be available on-site for the cleaning of the wheels of vehicles leaving the site. Such equipment shall be used as necessary to prevent mud and stones being carried onto the highway. The roads adjacent to the site shall be mechanically swept as required during the full construction period.

Prior to first occupation of each dwelling hereby approved, the associated parking spaces for that dwelling shall be drained and surfaced with a material to be submitted to and approved in writing by the Local Planning Authority. These areas shall be retained at all times thereafter and shall not be used for any purpose other than the parking of vehicles.

Each dwelling hereby approved shall include a secure cycle storage facility suitable for two bicycles.