Appeal 6003284

The appeal is allowed and planning permission is granted for the erection of 2 no. bungalows at [site address] in accordance with the terms of the application, Ref H09-0796-25, and the plans submitted with it, subject to the conditions in the schedule at the end of this

The site address on the application form was incomplete. Therefore, I have utilised the postcode on the appeal form.

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

Located on the eastern side of Forest Way, just off [name], the appeal site comprises grassed open space, devoid of development and planting that contributes to an open and verdant setting for the modern residential development to the south. Although set back from the road junction, behind a modest sub-station, the site is relatively prominent, forming a parcel of managed grassland between the highway and an attenuation pond to the south.

Modern two-storey dwellings form a visual backdrop to the south, a scale which is predominant for the area. However, there are single storey dwellings in proximity to the site, including to the south-west, to the north-east and east, and there is a one-and-a-half storey dormer bungalow that occupies the plot fronting [name] on the western side of Forest Way, set further towards the junction.

[name] is generally characterised by a continuous ribbon of roadside residential development, with few interruptions in the built frontage. In this context, the open space at the appeal site represents an anomaly, in the otherwise consistent pattern of development.

The proposed pair of bungalows would adopt a simple gabled form and be positioned behind an area of remaining open space, with active frontages addressing [name], a principal route through Holbeach. Whilst one dwelling would present a blank side elevation to Forest Way, such a relationship is not uncharacteristic; the dormer bungalow on the opposite corner features a comparable gable end to the road.

My attention has been drawn to the detached bungalows at 2 and [address] to the south-west, each with a generous frontage. While the appeal scheme proposes a pair of semi-detached dwellings with more limited frontages, their position set back behind retained open space and their form as a single building would ensure they are not perceived as cramped or out of keeping. As such, they would maintain the prevailing grain and character of the area.

Given the modest scale of the proposal, the side elevation would not appear unduly expansive or in need of additional articulation. The set‐back position would also assist in retaining a sense of openness along [name], and combined with the bungalows’ low height, would provide an appropriate transition to the higher‐density and larger scale development to the south. Furthermore, as the appeal proposal would be sited between a bungalow to the east and a dormer bungalow to the north-west which both front [name], it would be wholly appropriate in context, taking cues in respect of scale from its immediate surroundings.

The pair of dwellings would be set in from the edge of the carriageway of Forest Way by around 1.2 metres according to the Council. This would broadly align with the adjoining footpath at its frontage and would provide a green strip of land alongside the gable end of the building. In combination with the wider grassed verge on the opposite side of the carriageway and the open space in front of the plots, this would still provide for an attractive and appropriate setting to the housing development at the south without giving rise to a cramped or overdeveloped appearance. As such, the introduction of dwellings in this location would reflect the prevailing character of the area which typically boasts housing fronting [name].

Boundary treatments are not shown on plan. Given their prominent position adjacent to open space, these will be important as they will be read visually against this context. However, I am satisfied that there is sufficient space to the south and west to achieve the planting of an appropriate hedgerow, perhaps alongside post and rail fencing which would, in time provide privacy, whilst maintaining the verdant character and appearance of the area.

For the reasons I have set out, I find the effect of the development on the character and appearance of the area to be acceptable. It follows that I find no conflict with Policies 2 or 3 of the South East Lincolnshire Local Plan 2011-2036 (2019). Amongst other things, these policies expect sustainable, high-quality development that reflect the character and appearance of the area in terms of size, scale, layout, density, orientation and the relationship to existing development and land uses.

I am cognisant that interested parties raise concerns regarding a number of matters, including traffic and drainage issues and the loss of green space. Without substantive evidence to the contrary, I do not find differently on these matters than the Council. My attention is also drawn to tree planting in the vicinity that is said not to have been undertaken. Details of the approved landscaping scheme are not before me. Nevertheless, it is within the Council’s gift to take appropriate steps as they see fit to remedy this, should it be necessary. Furthermore, I have no evidence to indicate that the proposal would undermine the landscape strategy of the site.

The Council have suggested a number of conditions. I have considered these in relation to the necessary tests set out in the National Planning Policy Framework (the Framework), made changes to some, included additional conditions and not imposed all those suggested for the reasons set out.

In addition to the standard time condition (No.1), I have imposed a condition requiring that the development is carried out in accordance with the approved plans (No. 2) for the avoidance of doubt and in the interests of certainty.

To protect against surface water run-off, a condition (No. 3) is necessary to require a suitable scheme for surface water disposal to be agreed and then implemented on site. Given the Flood Risk Assessment acknowledges that infiltration is unlikely to be feasible, I have amended the suggested wording to better reflect that position.

For reasons of human health and protecting the environment, a condition (No. 4) is necessary to appropriately deal with potential for land contamination.

Insufficient detail is provided in respect of the external facing materials of the dwellings. As such, a condition (No. 5) to require these to be agreed is necessary, in the interests of the character and appearance of the area. For the same reasons, a condition is necessary in respect of hard and soft landscaping, including boundary treatments. Accordingly, condition No. 6 is imposed which also requires timely implementation and enables initial establishment.

In the interests of highway safety and the free flow of traffic, I have imposed a condition (No. 8) requiring the off-street parking to be provided prior to first occupation.

A suggested condition requiring a biodiversity gain plan to be provided before development commences is not necessary, as this is a statutory condition deemed to take effect by virtue of separate legislation.

For the reasons given above, the scheme would accord with the development plan as a whole. Thus, having regard to all other matters raised, including the Framework, 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 numbers LDC4657-03A and LDC4657-04.

No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the approved management and maintenance plan.

No development shall be commenced until a scheme to deal with any contamination of land or pollution of controlled waters has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures unless the Local Planning Authority dispenses with any such requirement in writing: i) A preliminary risk assessment (desk study) shall be carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk-top study shall establish a 'conceptual site model' and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/Quantitative Risk Assessment (or state if none required). A full copy of the desk-top study and a non-technical summary shall be submitted to the Local Planning Authority without delay upon completion. ii) If identified as being required following the completion of the desk-top study, an exploratory site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle, in order that any potential risks are adequately assessed taking into account the sites existing status and proposed end use. A full copy of the site investigation and findings shall be forwarded to the Local Planning Authority without delay upon completion. iii) Thereafter, a written method statement detailing the remediation strategy for land contamination and/or pollution of controlled waters affecting the site and a timetable for their completion shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of the proposed verification plan including compliance criteria and monitoring details. No deviation shall be made from this scheme without the express written agreement of the Local Planning Authority. If during redevelopment contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspected contamination has been submitted to and agreed in writing by the Local Planning Authority. If contamination of land and/or pollution of controlled waters has been identified as a result of the investigation undertaken and remediation is required, a full copy of a verification report shall be submitted to, and be approved in writing by the Local Planning Authority, prior to the first occupation of the development. The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved [name](s). Post remediation sampling and monitoring results shall be included in the closure report to demonstrate that the required remediation objectives and criteria has been fully met.

No development above ground level shall take place until details 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.

Prior to first occupation, details of both hard and soft landscape works shall have been submitted to and approved in writing by the Local Planning Authority. These details shall include: • a full specification of all proposed tree/hedgerow/shrub planting which shall include the quantity, size, species, and positions or density of all trees/hedgerow/shrubs to be planted, how they will be planted and protected and the proposed time of planting. The planting shall be carried out in accordance with the approved specification. • existing and proposed finished levels or contours, supported by cross sectional drawings where levels are to be raised; • any means of enclosure and/or boundary treatments; • hard surfacing materials; and • an implementation programme. The landscaping works shall be carried out in accordance with the approved details including in accordance with the agreed implementation programme. If, within a period of five years from the date of planting, it is removed, uprooted, destroyed or dies or becomes seriously damaged or defective, another of the same size and species as that originally planted shall be planted at the same place within the first planting season following the removal, uprooting, destruction or death of the original unless the Local Planning Authority gives its written consent to any variation.

The development shall be carried out in accordance with the approved Flood Risk Assessment (by [name] dated 18 August 2025) and the following mitigation measures it details: • The finished floor levels (FFLs) should be set at a minimum of 300mm above the carriageway level on [name]; and • Flood resilient construction shall be incorporated up to 300mm above the FFLs. The mitigation measures shall be fully implemented prior to first occupation and shall be retained thereafter throughout the lifetime of the development.

No dwelling hereby approved shall be first occupied until the vehicle parking spaces to serve that dwelling have been provided in accordance with drawing number LDC4657-03A. Thereafter, those spaces shall be retained for the parking of vehicles only. End of Schedule