Appeal 6002442

The appeal is allowed and planning permission is granted for redevelopment of the site to erect a pair of semi-detached dwellings at [site address] , [site address] [postcode] in accordance with the terms of the application, Ref 25/00485/FUL, subject to the conditions in the attached schedule.

An application for an award of costs was made by [name] against [site address] Borough Council. That application is the subject of a separate Decision.

Planning permission (ref 17/00194/OUT) was granted in November 2017, in full for the demolition of [address] and the conversion of No 35 to 4 flats and in outline for the erection of up to 20 dwellings on the remainder of the site. Permission was then granted (ref 18/00693/FUL) and varied (ref 22/00990/FUL) for specialist accommodation for the elderly comprising 75 residential apartments1 with, among other things, parking. Prior approval (ref 24/00509/DEM) was granted in August 2024 for the demolition of No 35. Therefore, the principle of demolition and residential development of the appeal property has been established.

The main issue is whether the proposal would provide a safe and suitable access.

No 35 is a large detached Victorian era dwellinghouse, most recently used as offices but vacant since 2016. It sits adjacent to the highway access that serves the neighbouring [address]. It is in a primarily residential area characterised by detached and semi-detached dwellings, generally 2-storey although mixed in terms of style and sizes. [address] is a classified road subject to a 40mph speed limit and with street lighting and footways. The location is suitable for residential 1 the neighbouring [address] development development, having regard to its proximity to the town centre and associated services, facilities and sustainable transport modes.

In contrast to the majority of detached and semi-detached dwellings along [address], there is no direct vehicular access from the highway to the front of No 35. However, the appeal property is served by 4 dedicated parking spaces which share the existing [address] highway access. These parking spaces would be retained to serve the proposed semi-detached dwellings.

The evidence indicates that the existing 4 parking spaces were approved as part of the [address] development in order to serve the appeal property. This is recognised in in the approved Car Park Management Strategy for [address] which specifies that the 4 spaces are allocated for No 35 and that parking by Brookfields staff, visitors and residents is prohibited. It therefore seems reasonably likely that these parking spaces were taken into account as part of highways assessments for [address].

[name] 35 has been vacant for several years, the proposal would result in an increase in traffic movements compared to the existing situation. However, there is little evidence that the proposal would result in any greater vehicle movements than would a lawful use of the appeal property. Moreover, even if the use of the approved 4 parking spaces was not considered as part of the [address] development, 2 semi-detached dwellings would generate only a relatively small number of vehicle trips. In the context of the scale of [address] and its predicated trip generation, the proposal would not result in a significant intensification of use of the highway access.

I note the concerns of the Council and neighbouring residents in relation to the highway access including that the boundaries, bus stop and parked cars restrict visibility. However, there is little substantive evidence before me in that regard. Conversely, the Highway Authority advises that the visibility splays are acceptable for both vehicles and pedestrians and the approved access is wide enough for 2 vehicles to pass. The bus stop, relocated as part of the neighbouring development, was subject to full technical approval which took into account [address] visibility splays. Moreover, there have been no personal injury collisions within 110m in either direction for the previous 5 years and there is little evidence before me in relation to accidents, incidents or near misses.

Therefore, I conclude that the proposal would provide a safe and suitable access to the site for all users, in accordance with paragraph 115 of the National Planning Policy Framework (the Framework). It would also accord with the aims of Framework paragraph 116 insofar as development should not be prevented or refused on highway grounds unless there would be unacceptable impacts on highway safety, or severe residual cumulative impacts on the road network.

I note the concerns of some of the [address] residents in relation to the parking arrangements. However, the proposal would provide adequate parking spaces in accordance with the Council’s parking guidelines. Moreover, as noted above, [address] residents, staff and visitors are prohibited from using the parking spaces provided for No 35. Concerns about a potential breach of condition in relation to keeping the approved [address] visibility splays free of obstruction are not a matter for this appeal and do not weigh against the proposal.

The proposal would make a small but valuable contribution to the supply of housing, in the context of a shortfall in the Council’s 5 year supply of deliverable housing sites. There would be no adverse effects on neighbouring residential amenity. The dwellings would provide an adequate standard of living accommodation for future occupiers. The scale and design of the dwellings would be in keeping with the character and appearance of the area.

The Council suggests planning conditions in the event the appeal is allowed. I have considered these against the tests set out in the Framework and have amended them in places in the interests of precision or enforceability.

I have imposed the standard time limits condition (No 1) and a condition specifying the approved plans (No 2) in the interests of certainty. Conditions relating to external materials (No 3), boundary treatments (No 4), landscaping (No 8) and tree protection (No 9) are required in the interests of the character and appearance of the area. Conditions relating to construction management (No 5) and parking areas (No 7) are necessary in the interests of highway safety and residential amenity. Measures to address unexpected land contamination (No 6) are necessary to protect the environment and human health.

For the reasons given above, I conclude that the proposal would be in accordance with the development plan and there are no material considerations that indicate making a decision otherwise than in accordance with it.

Therefore, I conclude that the appeal should be 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: 00031-0110 Location Plan; 00031-0111 Site Plan; 00031-0120 [name]; 00031-0150 [name]; 00031-0121 [name]; [address] Scene.

The external surfaces of the development hereby permitted shall be constructed in the materials detailed in the application forms and shown on drawing no. 00031-0150 [name].

The boundary treatments both within the site and the boundaries of the development hereby permitted shall be constructed in accordance with the details shown on drawing no. 00031-0121 [name].

Prior to the commencement of any construction, including demolition, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The approved CEMP shall include details relating to: • The construction access; • hours of construction; • routing of HGVs; • delivery times; • the location of the construction compounds, cabins, material storage areas and contractors parking; • a scheme for the management and suppression of dust and mud from construction activities including the provision of a vehicle wheel wash; • a method of demolition and restoration of the site; • measures for root protection; • lighting; • details to ensure that nesting birds are not adversely affected. All site operations shall be undertaken strictly in accordance with the approved CEMP for the duration of the construction programme.

In the event that contamination is found or is suspected to be present at the site when carrying out the development hereby permitted, it shall be reported immediately in writing to the local planning authority and development on that part of the site shall be halted until an investigation and risk assessment has been undertaken, in accordance with BS10175 (2001) – [name] Code of Practice, BS8485 (2007) Code of Practice for the Characterization and Remediation from [name] in [name], and CLR 11 [name] [name], issued by The Environment Agency. Any necessary remedial proposals shall be submitted to and approved in writing by the local planning authority prior to the recommencement of the development. Prior to commencement of the proposed use of the site, written confirmation shall be submitted to the local planning authority that no contamination was found or suspected or, if remedial actions were required, independent validation that proposed remedial measures have been carried out in accordance with the approved scheme.

The proposed car parking and circulation areas as shown on drawing no. 00031-0111 shall be hard surfaced in a bound material and marked out prior to the first occupation of the site hereby permitted. Thereafter these parking areas shall be retained in accordance with the approved plans for the lifetime of the development.

The approved [name], drawing no 00031-0121, shall be implemented within the first planting, seeding and turfing season following the construction of the buildings hereby approved. Any trees or shrubs that die, are removed or are seriously damaged or diseased within 5 years following planting shall be replaced in the next planting season with other trees or shrubs of a similar size and species.

The development hereby permitted shall be carried out in accordance with the tree protection measures contained in the approved Arboricultural Assessment by [name] & Design dated June 2025. The approved protection measures shall be installed before any works of demolition, site clearance or construction take place. The approved protection measures shall be retained in the agreed positions for the duration of the construction phase. End of Schedule