Appeal 6003332

The appeal is allowed, and planning permission is granted for a new dwelling on land adjacent to [site address] , [site address] [postcode] , in accordance with the terms of the application, Ref 25/03285/FUL, and the plans submitted with it, subject to the conditions in the attached schedule.

Both parties draw my attention to an appeal decision in this approximate area which was dismissed in 20221. I have taken account of this in my decision.

I have a statutory duty under sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses and to pay special attention to the desirability of preserving or enhancing the character or appearance of a conservation area. Paragraph 202 of the Framework advises that heritage assets are an irreplaceable resource and should be conserved in a manner appropriate to their significance.

The main issue is the effect of the proposal on the character and appearance of the area, including the significance of heritage assets.

The appeal site is the rear part of a rectangular grassy plot adjacent to [site address] and [address] (No.8). It is described as former garden land that was previously associated with No.8. A public footpath runs across the site, adjacent to [address] and there are mature hedges on the site boundaries with adjoining properties. A low picket fence encloses the remainder of the site from the roads.

The site lies within the [site address] Conservation Area, the boundary of which focusses on the historic centre of the rural village. From my observations and the 1 APP/W0530/W/22/3304381 details available to me, I consider that the significance of the Conservation Area is mainly drawn from the predominantly rural character and range of traditional buildings that it contains, together with its use of materials, the pattern of development and the relationship of the buildings to the spaces around them.

The appeal site is alongside one of the roads approaching the village centre and typically this area is characterised by a mixture of mainly residential properties with variety to their scale, appearance and age. It is an area of dispersed settlement pattern with open gaps reinforcing the transition from an open rural area towards the more built-up centre. Whilst the appeal site and the wider grassy area of which it is part is one such gap, historic mapping in the appellant’s Heritage Statement identifies that until the 1950s the site was occupied by a row of terraced dwellings. These continued the linear form of properties running along [address] and appeared to extend to [address]. Therefore, although the appeal site and wider plot now contribute to the open settlement character, and the presence of trees and its grassy appearance give it an attractive appearance, this is a more recent change.

Whilst the Council describe the wider site as having the appearance and character of a small village green, and gives the perception of informal open space, the evidence before me indicates that this is private land, and I saw that the enclosing picket fence confirmed its function as a private space. Nevertheless, the wider site makes a positive contribution to the settlement form and to the character and appearance of the conservation area. This open gap also allows views of [site address] , a thatched cottage, sited at right-angles to the road, a [name] listed building.

The list description for [site address] (Ref.1127850) mentions that it is a late 17 th century timber framed cottage with a thatched roof and describes its three-bay form, arrangement of openings and various architectural features. For the purpose of this appeal, the significance of this listed building derives mainly from its considerable age, historic fabric, simple form and diminutive scale, and its architectural features. The National Planning Policy Framework (the Framework) states that the significance of a heritage asset derives not only from the asset’s physical presence but also from its setting. It defines the setting of a heritage asset as the surroundings in which an asset is experienced. These are not fixed and may change over time. The Framework indicates that any harm to the significance of a heritage asset, or from development within its setting, should require clear and convincing justification.

In this appeal, the open, green space alongside the listed building, which includes the appeal site, allows relatively open views of the building’s side elevation from parts of [address] and [address]. That side elevation appears to be the building’s main frontage with a door and several principal windows facing a gravelled courtyard, enclosed by the boundary hedge. The open green space also allows the listed building to be fully appreciated such that its diminutive scale is not overwhelmed by surrounding larger buildings or other features to distract or draw the eye. Although this open space is not historic due to the presence of earlier dwellings on the site it nevertheless now makes an important contribution to the way that the listed building is appreciated and understood and therefore contributes to its significance.

The proposed dwelling would be located to the rear of this grassy open space and, in many respects, would reflect the position and form of No.[address] with the frontage facing the access road. It would read as a continuation of this row extending towards [address]. The building would be a single storey structure with a barn-like appearance, clad in dark timber with black aluminium windows and doors with a clay tiled roof. The picket fence fronting [address] would be retained and a new close boarded fence with a trellis above would separate the site from the remainder of the grass area at the frontage. An existing holly tree on the site would be retained. In contrast to the previous appeal proposal, this scheme would be located to the rear of the plot with its boundary and garden area behind the listed building. It would also be of a more simple, unified design.

Given the intention to retain the open, grassy frontage and to remove its picket fence, the proposed erection of a relatively small dwelling to the rear of the plot would not diminish the sense of openness to the settlement form to any great extent. The soft break in the linear pattern of built form on [address] would therefore be maintained. Furthermore, the similar position and form of the proposed dwelling to No.8 would allow it to assimilate with the grain of surrounding buildings. When combined with the proposed agricultural character, similar to an outbuilding to the rear of No.[address], the building would appear modern but complimentary to structures around it. The dwelling would not look out of place or be overly prominent in relation to nearby historic buildings or to the pattern of buildings in the area. The character and appearance of the conservation area would therefore be preserved

The new dwelling and its residential plot would encroach to a degree on the openness around the listed building. However, with the grassed area to the frontage retained, views from [address] would remain largely the same and no features of the building would be obscured. [address] and public footpath, some longer-range views of the listed building would be restricted. However, given the evidence of dwellings previously occupying this wider site, these views are more recent and there is little to suggest that the land had any historic connection with the listed building. Therefore, whilst certain views of the listed building would be restricted, they would be limited in their extent, and those views do not appear to be a defining element of its significance. Overall, the significance of the listed building would not be diminished because of the proposal.

Subject to conditions to control landscaping, boundary details and permitted development rights, there is little to indicate that domestic paraphernalia would give the appeal site an untidy or cluttered appearance. Nor is there sufficient evidence to suggest that the appearance of the open part of the plot nearest to the road or its trees or hedges would be eroded, especially given the details to show that the picket fence around the remaining grassed area would be removed to open the frontage.

Therefore, for the above reasons, I find that the proposal would have no harmful effect on the character and appearance of the area, including the significance of heritage assets. It would comply with the Act and Framework, along with [name]/7, HQ/1 and NH/14 of the South Cambridgeshire Local Plan (2018), which amongst other things seek to ensure that development is of a scale, density and character appropriate to the location and conserves or enhances historic assets and their setting.

I have considered other matters raised by interested parties including potential concerns relating to ecology, access, highways, trees and utilities. However, on these matters the Council has found no undue harm, subject to appropriate conditions, and there is no substantive evidence to conclude otherwise. Access across private land is a separate matter for the parties involved. Any disturbance during construction would be for a temporary period only. The new dwelling would appear to be far enough from other dwellings to not result in any loss of light to adjoining occupiers and, again the Council has not found undue harm on this matter. Whilst the site may have previously served as an open space for the community, the information before me indicates that it is not a public open space. I have had regard to these, and all other matters raised and none of these concerns outweigh or overcome my conclusion on the main issue.

I have considered the conditions put forward by the Council and have amended the wording where necessary in the interests of clarity and to accord with the advice in the Framework and Planning Practice Guidance. In addition to the standard time limit condition, a condition requiring the development to be carried out in accordance with the approved plans is necessary in the interests of certainty.

Several pre-commencement conditions are required to address issues that are fundamental to the development and need to be planned for and agreed at the start of the works. The appellant has been consulted on the suggested conditions. A condition to require ground floor levels is needed to ensure that the development accords with visual and residential amenity. Details of surface water drainage are also required in advance to prevent an increased risk of flooding. A condition is required to ensure biodiversity net gain on the site in accordance with the Environmental Act 2021. This is a pre-commencement condition to show that the BNG uplift can be provided, and this applies to the blue lined land in the same way as any other condition would do.

Details of sewage disposal are required prior to occupation. Conditions requiring suitable visibility splays and measures to manage the surface of the access drive and run-off are necessary in the interests of highway safety and management. Further conditions require that the ecology of the site is protected and enhanced.

Conditions requiring details of facing materials, joinery, and landscaping will ensure that the development is well designed and respects its heritage context. A specific condition has been added relating to the boundary treatment between the development and the remainder of the open land to the site frontage to ensure that this boundary incorporates hedging to soften the appearance of the fence and wider development at the backdrop of the grassed area. A condition is also required to manage works to trees on site, in the interests of considering the amenity of the area.

The Framework advises that conditions should restrict permitted development rights only where there is clear justification to do so. In this case, a condition restricting selected permitted development rights in relation to the building and works within its grounds is reasonable and necessary to secure the quality of the development and to ensure that the significance of the heritage assets is preserved.

Conditions are attached to control the timing of any noisy or disruptive construction works to protect the living conditions of neighbouring occupiers. Risks to future users of the land and neighbouring land arising from contamination also need to be addressed by condition. To ensure resources are used efficiently, conditions are required to limit water consumption, encourage the re-use of water, manage drainage, and to secure sustainability measures.

The proposal would accord with the development plan as a whole and material considerations do not lead me to decide otherwise. For these reasons, and having regard to all other matters raised, I conclude that the appeal should be allowed

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

The development hereby permitted shall be carried out in accordance with drawing numbers: 2344-03 [name] (site location plan), 2344-02 [name] (proposed block plan), 2344-05 [name] (proposed street scene), 2344-01 [name] (proposed floor plans and elevations).

No development shall take place until full details of the finished levels, above ordnance datum, of the ground floor of the proposed building, in relation to existing ground levels have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved levels.

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: • 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; • include a timetable for its implementation; and, • 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.

Development may not be begun unless: • a biodiversity gain plan has been submitted to the planning authority, and • the planning authority has approved the plan. The development shall be carried out and retained in accordance with the approved details.

The dwelling hereby permitted shall not be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details that have first been submitted to and approved in writing by the local planning authority.

Prior to the commencement of the use hereby permitted, pedestrian visibility splays of 2m x 2m either side of the site accesses shall be provided. This area shall be kept clear of all planting, fencing, walls and the like exceeding 600mm high and must be within the existing adopted public highway or land under the control of the applicant. The visibility splays shall be maintained as such thereafter.

The proposed driveway is to be constructed and maintained in perpetuity using a bound material, for 5 metres back from the adopted highway, to prevent debris spreading onto the adopted public highway.

The proposed vehicular accesses shall be constructed and maintained in perpetuity so that its falls and levels are such that no private surface water from the site drains across or onto the adopted public highway.

All ecological measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Green Environmental Consultants, August 2025) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

Prior to the commencement of development above slab level, a scheme of ecology enhancement shall be supplied to the local planning authority for its written approval. The scheme must include details of bat and bird box installation, hedgehog connectivity, and other enhancements as applicable and in line with the Greater Cambridge Biodiversity Supplementary Planning Document (2022). The approved scheme shall be fully implemented within an agreed timescale.

No development shall take place above ground level, until details of the facing materials and joinery details to be used in the construction of the development have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out and retained in accordance with the approved details.

No development above ground level, other than demolition, shall commence until details of a hard and soft landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. These details shall include: a) proposed finished levels or contours; car parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. Street furniture, artwork, play equipment, refuse or other storage units, signs, lighting, CCTV installations and water features); proposed (these need to be coordinated with the landscape plans prior to be being installed) and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines indicating lines, manholes, supports); retained historic landscape features and proposals for restoration, where relevant; b) planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate and an implementation programme; c) boundary treatments (including gaps for hedgehogs) indicating the type, positions, design, and materials of boundary treatments to be erected. d) a landscape maintenance and management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas. If within a period of five years from the date of the planting, or replacement planting, any tree or plant is removed, uprooted or destroyed or dies, another tree or plant of the same species and size as that originally planted shall be planted at the same place as soon as is reasonably practicable, unless the Local Planning Authority gives its written consent to any variation.

Notwithstanding the details shown on the approved plan (Ref.2344/02) details of the boundary treatment dividing the appeal site from the land edged in blue shall be submitted to and approved in writing by the Local Planning Authority. The boundary shall comprise a hedge or 1m high picket fence with hedging. The boundary shall be caried out as approved and retained for the life of the approved development.

All arboricultural measures and/or works shall be carried out in accordance with the details contained in the [name] for Development, compiled by OMC associates, ref: v412D/CJO/1208, dated 13th August 2025 as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

No construction site machinery or plant shall be operated, no noisy works shall be carried out and no construction related deliveries taken at or dispatched from the site except between the hours of 0800-1800 Monday to Friday, 0800-1300 Saturday and not at any time on Sundays or Bank or Public holidays.

In the event of the foundations for the proposed development requiring piling, prior to the development taking place, the applicant shall provide the local authority with a report/method statement for approval detailing the type of piling and mitigation measures to be taken to protect local residents noise and or vibration. Potential noise and vibration levels at the nearest noise sensitive locations shall be predicted in accordance with the provisions of BS 5528, 2009 – Code of Practice for Noise and [name] on Construction and [name] 1 - Noise and 2 - Vibration (or as superseded). Development shall be carried out in accordance with the approved details.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development permitted by virtue of [name], B, C, D and E of Part 1 of Schedule 2 to the Order shall be undertaken.

If, during development, any additional or unexpected contamination is identified, then remediation proposals for this material should be agreed in writing by the Local Planning Authority before any works proceed and shall be fully implemented prior to first occupation of the development hereby approved.

The dwelling hereby approved shall not be occupied until the minimum water efficiency consumption of 110 litres use per person per day, in accordance with [name] of the Building Regulations 2010 (as amended 2016) has been complied with.

No development above ground level shall proceed until an [name] has been submitted to and approved in writing by the Local Planning Authority. The Statement shall demonstrate that a minimum of 10% carbon emissions (to be calculated by reference to a baseline for the anticipated carbon emissions for the property, as defined by Building Regulations) can be reduced through the use of on-site renewable energy and low carbon technologies. The approved scheme shall be fully installed and operational prior to the occupation of the development and thereafter maintained in accordance with the approved details. Where grid capacity issues subsequently arise, written evidence from the District Network Operator confirming the detail of grid capacity and a revised [name] to take account of this, shall be submitted to and approved in writing by the Local Planning Authority. The revised [name] shall be implemented and thereafter maintained in accordance with the approved details.