Appeal 6003640

The appeal is allowed and planning permission is granted for the erection of 8no bungalows, following demolition of disused [name] and [address] offices. Construction of new estate road access within existing highway frontage, following stopping up of existing access. Construction 2no additional vehicular accesses to serve proposed Plots 1 and 8 at [site address] in accordance with the terms of the application, [name]/24/03882, subject to the conditions in the attached schedule.

I have amended the description of development from that on the application form to that on the Council’s decision notice as I consider that it appropriately describes the proposal. I note that the appellant indicates that although they did not specifically agree to that change, if the Council had sought agreement they would have agreed as it describes the same development in a slightly different way.

I observed at the site visit that development works are being undertaken at the appeal site. I note that planning permission has been granted for a 7-dwelling scheme1, and I assume that works have commenced on that basis. For the avoidance of doubt, I have determined this appeal on the basis of the submitted appeal plans.

The appellant has indicated on the appeal form and in their appeal statement that the appeal was against Babergh District Council. However the application was made to Mid Suffolk District Council and it is their decision that has been appealed and my decision reflects that fact. 1 DC/25/03398

The main issue is whether or not the proposed development would represent an unacceptably cramped and constrained development that would not function well having regard to external spaces and walkways between buildings, the size of the front gardens, the refuse collection/presentation arrangements and visitor parking.

The appeal site is located within the [name]. The Officer’s Report to Committee (OR) sets out that the appeal site is considered a well-connected, sustainable location suitable for new housing and consequently the principle of development is accepted. I agree with that analysis.

I observed at the site visit that the appeal site is currently redundant and works have commenced, but I understand that it was previously used as a [name] and offices. The OR acknowledges that the appeal site is a brownfield site. The National Planning Policy Framework (the Framework) sets out that decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and such proposals should be approved unless substantial harm would be caused.

The proposal would involve the introduction of eight modest single storey dwellings. The appeal site is located within an existing predominantly residential area with a mix of house types and styles. Although most of the properties along the road are two storeys, there are some single storey dwellings. There is also a school with playing fields on the opposite side of the road. I agree with the OR which sets out that the proposal is characteristic of the street which the site adjoins and would be acceptable in terms of design, layout, siting form and scale and does not give rise to any demonstrable adverse impact to the character of the locality.

The Framework seeks to ensure that developments function well. I acknowledge that to ensure that efficient use is made of this previously developed site the proposed dwellings would be relatively close together. However, I do not agree that the proposal would be unacceptably cramped or constrained as the proposed layout would allow adequate circulation space to allow for wheeling bikes and for wheelchair and mobility scooter users.

Similarly, I am satisfied that the proposed depth of the front gardens and the general layout would enable appropriate landscaping, and an appropriately worded condition would ensure that an appropriate landscaping scheme would be implemented which would also ensure that appropriate boundary treatment is secured. I am also satisfied that the requirement in relation to biodiversity net gain would be achievable which would be secured by the statutory condition that would be deemed to be imposed on any grant of planning permission.

I turn now to consider the refuse arrangements. The appellant has provided a proposed tracking plan to demonstrate that a refuse truck can access the refuse collection point, and I am satisfied that the proposed presentation/collection arrangements are entirely acceptable for such a modest development. Further, the distance from the furthest dwelling to the main road would not be unreasonable. I note that subject to the imposition of appropriate conditions, the [name] has no concerns in relation to refuse collection either.

Moreover, as outlined above planning permission has been granted for a 7-dwelling scheme. I am satisfied that there is a greater than theoretical possibility that this alternative development might take place and consequently I afford this legitimate fallback position significant weight. This would have refuse collection/presentation arrangements that would be very similar to those proposed here and consequently the proposed refuse collection/presentation arrangements do not materially weigh against this proposal as the fall-back development would provide very similar arrangements.

In relation to parking, the OR report sets out that each dwelling would benefit from two parking spaces, one within the garage with the other forward of this on the driveway and sets out that notwithstanding that some proposed dwellings would have a study room, this provision accords with the Council’s adopted parking standards. I agree and note that subject to the imposition of appropriate conditions the highway authority does not object to the proposal. I also note that Suffolk County Council’s Suffolk Guidance for Parking – Technical Guidance (SGP) sets out that on plot tandem parking is acceptable.

In relation to visitor parking, the SGP sets out that a 0.25 space per dwelling should be made but that a lower value may be acceptable in areas with good accessibility by non-car modes and where on-street parking is controlled. I accept that since there is a primary school located on the same road there is parking pressure particularly at certain times of the day along Duckamere. Further, except immediately outside of the school and near the junction with [address] there are not significant parking controls.

However, parking pressure at drop off and pick up near a school is to be expected and given the scale of development I do not consider that the proposal would unacceptably exacerbate parking problems in the area. Further, as outlined above I agree with the OR that the appeal site is within a well-connected sustainable location. The facilities of Bramford are within an easy walk including a convenience store and post office, pharmacy, primary school, pub, coffee shop/café, Indian restaurant, hot food takeaway and social club. In addition, there is also a bus stop within easy reach which provides services to other settlements, including Ipswich. Accordingly, the appeal site is located in an area with good accessibility by non-car modes. It follows that even taking account of any future expansion of the primary school I am satisfied that the level of parking is satisfactory and the fact that the level of visitor car parking recommended in the SGP would not be provided does not fatally weigh against the proposed development.

I therefore conclude that the proposal would not represent an unacceptably cramped and constrained development that would not function well having regard to external spaces and walkways between buildings, the size of the front gardens, the refuse collection/presentation arrangements and visitor parking. Consequently, the proposal would accord with Policy LP24 of the Babergh and Mid Suffolk Joint Local Plan Part 1, November 2023 which among other things seeks to ensure all new development is of a high quality design with a clear vision as to the positive contribution it makes to its context and that it should be compatible with its location and appropriate in terms of scale, mass, form siting and design.

I have taken account of all other matters including concerns raised by local residents, the parish council and the ward councillor. I have addressed some of these concerns above. I have also taken account of concerns expressed about the impact of the proposal during the construction phase. It is necessary to ensure that safety is of paramount importance, and I am satisfied that this matter can be appropriately addressed by the imposition of an appropriately worded condition which would also ensure that construction works can only take place at certain times to prevent unacceptable disturbance.

Further, I note the Parish Council are disappointed by the lack of consultation and I appreciate that in their view more engagement would have been useful to address some of their concerns. However, I have determined this appeal on the particular circumstances involved and any lack of engagement has not altered my findings. I have taken account of concerns expressed about the impact of the proposal on existing services. However, bearing in mind that planning permission has been granted for a seven-dwelling scheme, I am not persuaded that local services would be unacceptably exacerbated by the appeal proposal.

I am also satisfied that bearing in mind the position of the proposed dwellings relative to their surroundings the proposal would not harm the living conditions of neighbouring residents.

A list of suggested conditions has been provided by the Council in their appeal statement. As will become apparent, some of the conditions are pre-commencement and the appellant has confirmed that they accept such conditions.

In the interests of clarity, precision and to avoid duplication I have made changes to some conditions to ensure that any condition I impose accords with the Framework which sets out that they should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.

It is necessary to ensure that the development is carried out in accordance with the appeal plans, but it is not necessary to list all submitted documents although if relevant I will refer to particular ones. To ensure that the character and appearance of the area is not harmed it is reasonable to impose conditions in relation to the materials to be used and the site and development levels. However, given the scale of development it is not necessary to impose a phasing condition. Moreover, the Council’s suggested condition in relation to general water, energy and resource efficiency measures are insufficiently precise and consequently I shall not be imposing such a condition. However, in the interests of sustainability it is reasonable to impose a condition in relation to water efficiency standards.

In the interests of drainage, it is reasonable to impose a condition in relation to surface water. Given the location of the appeal site relative to other uses it is reasonable to impose a construction method statement, which will include confirmation that there will be no burning on the site during the construction phase. However, I have simplified the condition suggested by the Council to include more standard wording to ensure the requirements are reasonable and precise. It is also reasonable to impose a condition to control when construction works can be undertaken.

To ensure any risk of contamination is appropriately addressed it is reasonable to impose conditions. To protect the living conditions of future residents and neighbours it is reasonable to impose a condition in relation to any air source heat pumps that are proposed.

To ensure protected species are not harmed it is necessary to impose conditions to ensure the ecological appraisal recommendations and an appropriate lighting scheme are implemented. However, to avoid duplication it is unnecessary to impose a condition in relation to a biodiversity enhancement layout. Moreover, as the development will be subject to the statutory biodiversity net gain (BNG) condition it is not necessary to impose a separate condition in relation to BNG.

To protect the character and appearance of the area it is reasonable to impose conditions in relation to landscape matters. However, rather than 10 years for new planting I consider it reasonable to require that 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 should be replaced. In the interests of highway safety, it is reasonable to impose conditions to ensure that adequate access, visibility splays, vehicle parking, cycle storage and turning areas and facilities for waste storage are provided. However, some of the suggested conditions will be amalgamated to ensure conditions are kept to a minimum. Moreover, it is not necessary to impose a condition in relation to electric vehicle charging points as this is adequately covered by building regulations.

The Council have suggested imposing a condition in relation to chimney flues for wood burners etc. However, the submitted plans do not appear to show such elements. However, even if they did, I am satisfied that this matter could be adequately covered by the building regulations and so such a condition is not necessary. Bearing in mind that the appeal site will no longer be used as an ambulance station it is reasonable to impose a condition that would secure the removal of the existing ‘[name] sign from Duckamere. As the land falls outside the appeal site and may require other arrangements it is appropriate to impose a Grampian style condition. Finally, given the characteristics of the appeal site and the size of the proposed gardens it is reasonable to restrict certain permitted development rights.

For the reasons given above 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: 5974_PA_01_A, 5974_PA_02_A, 5974_PA_03_G, 5974_PA_04_D, 5974_PA_05_B, 5974_PA_06_B, 5974_PA_07_B, 5974_PA_07.2_B, 5974_PA_08_A, 5974_PA_08.2_A, 5974_PA_10, 5974_PA_11_B, 5974_PA_12, 5974_PA_13_A, 5974_PA_14 and LSDP2291.01 [name].

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, including hard surfacing materials 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 shall take place until details of existing site levels, finished ground levels, finished floor levels and the ridge heights of the dwellings 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 the first occupation of each dwelling hereby permitted, measures shall be implemented to ensure the consumption of wholesome water by persons occupying the dwelling must not exceed 110 litres per person per day.

No development shall take place until details of the means to prevent the discharge of surface water from the development onto the highway including any system to dispose of the water has 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 the first occupation of any of the dwellings hereby permitted.

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) the erection and maintenance of security hoarding; v) wheel washing facilities; vi) measures to control the emission of dust and dirt during demolition and construction; vii) a local resident communication strategy to include contact details and a mechanism to deal with concerns and complaints viii) a scheme for recycling/disposing of waste resulting from demolition and construction works, including confirmation that no burning shall take place on site at any stage of the site clearance, demolition and construction phases of development. The approved [name] shall be adhered to throughout the construction period for the development.

Demolition and construction works including any associated traffic and deliveries shall take place only between 0730 and 1800 hours on Mondays to Fridays, 0800 and 1300 on Saturdays and shall not take place at any time on Sundays or on Bank or Public Holidays.

Prior to the first occupation of any of the dwellings hereby permitted all contamination remediation works shall be completed in accordance with the [name] and [name] IE24/092/[name] 01 dated 27 March 2025. Following completion of the remediation works a verification report shall be submitted to and approved in writing by the local planning authority.

If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended until: i) additional measures for the remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority; and ii) a verification report for all the remediation works has been submitted to and approved in writing by the local planning authority.

Prior to the first occupation of any of the dwellings hereby permitted details of any proposed air source heat pump equipment and plant shall be submitted to and approved in writing by the local planning authority. Details shall include a full acoustic assessment undertaken by a competent person relating to the noise generated by the air source heat pumps in accordance with MCS 020 MCS Planning Standards for permitted development installations of wind turbines and air source heat pumps on domestic premises. Prior to the first occupation of any dwelling that will be served by an air source heat pump the plant and equipment for that dwelling shall be installed in accordance with the approved details and shall be retained in that form thereafter.

Prior to the first occupation of the dwellings hereby permitted the recommendations including the precautionary measures contained within the [name] dated August 2024 and the [name] dated September 2024 both prepared by [name] shall be implemented and all enhancements measures shall be provided prior to the first occupation of the dwellings hereby permitted and shall be retained thereafter.

Details of any external lighting shall be submitted to and approved in writing by the local planning authority before any of the dwellings are occupied. Details shall include features on site that are particularly sensitive for bats and shall demonstrate how the lighting scheme will not disturb or prevent bats using their territory. Development shall be carried out in accordance with the approved details, shall be retained in that form thereafter and no other external lighting shall be installed.

No development above ground level shall commence until a scheme of hard, soft and boundary treatment landscaping has been submitted to and approved in writing by the local planning authority. The scheme shall include details of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development.

All planting, seeding or turfing comprised in the approved details of landscaping 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 development shall take place until details of the proposed access, estate road and driveways have been submitted to and approved in writing to the local planning authority. Details shall include (i) the gradient of the vehicular access which shall not be steeper than 1 in 20 for the first 5 metres measured from the nearside edge of the highway, (ii) the gradient of the driveways which shall not be steeper than 1 in 12 measured from the nearside of the edge of the highway. The dwellings shall not be occupied until the access, estate road and driveways have been constructed in accordance with the approved details and shall be retained thereafter.

The visibility splays shown on plan no. 5974_PA_05_B shall be provided before any of the dwellings are first occupied, shall be free of any obstruction exceeding 0.6m in height and shall be retained as such thereafter.

No dwelling shall be occupied until space has been laid out within the site in accordance with drawing no. 5974_PA_03_G for two cars per dwelling to be parked, for secure cycle storage, for the area annotated V indicated as block paving-parking, for footways and for the loading/unloading and manoeuvring of vehicles and that space shall thereafter be kept available at all times for those purposes.

No dwelling shall be occupied until space has been laid out within the site in accordance with drawing no. 5974_PA_03_G for the storage and presentation for collection of refuse and recycling bins and that space shall thereafter be kept available at all times for those purposes.

No development above ground level shall take place until arrangements have been made to secure the off-site highway amendment of removing the existing yellow ‘[name] road markings on Duckamere in front of the site in accordance with a detailed scheme or agreement which shall have first been submitted to and approved in writing by the local planning authority. The approved scheme or agreement shall be implemented prior to the occupation of any of the dwellings hereby permitted. Notwithstanding Section 55 (2)(a)(ii) of the Town and Country Planning Act 1990 as amended and the provisions of Article 3, Schedule 2 Part 1 [name] to E and H and Part 2 Class A of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking and re-enacting that Order with or without modification), no enlargement, improvement, insertion of new openings or other alteration of the dwelling houses hereby permitted shall be carried out and unless approved as part of this planning permission or approved in accordance with the requirements of another condition attached to this permission, no garage, car port, fence, gate, wall or any other means of enclosure, building or structure shall be erected.