Appeal 6003724

The appeal is allowed and planning permission is granted for erection of two detached two storey dwellings, erection of three double garages (one to serve the existing dwelling) demolition of outbuilding and creation of new access at [site address] in accordance with the application Ref 25/01262/S73, without compliance with condition numbers 1 and 2 previously imposed on planning permission Ref 09/00165/FUL dated 8 December 2009 and subject to the conditions in the attached schedule.

The appeal is made against the failure of the Council to reach a decision on the application within the relevant statutory timeframe. However, the Council has confirmed that, were it able to do so, it would have refused the application based on the impact which the proposed development would have on trees.

As part of the Council’s assessment of the application, an updated arboriculture report was requested. This was submitted to the Council shortly before the appeal against non-determination was lodged and has been included within the appeal submission. The Council has been given the opportunity to comment on this document as part of the appeal process. I have considered this document in my determination of the appeal.

Planning permission was originally granted in December 2009 for two detached dwellings and three garages. A building control inspection in November 2012 confirmed the construction of one of the garages following discharge of all pre-commencement conditions. The Council has therefore confirmed that the original permission remains extant.

The appeal proposal seeks to amend the approved plans to secure revisions to the design and siting of ‘Plot 2’. Based on the evidence before me, the main issue is the effect that varying the condition would have on the character and appearance of the area, including its effect on protected trees.

The appeal site is situated broadly at the edge of built form, as the adjacent settlement transitions into the countryside. As existing, it is occupied by the dwelling known as [site address] , as well as associated detached outbuildings. The extant permission which exists on the appeal site relates to two further detached dwellings, one either side of the existing.

Existing dwellings within the surrounding area comprise a mix of dwelling designs, with relatively informal plot layouts. Landscaping and trees are notable features within the area, both within plots and along roadside boundaries. This gives the area a distinctly sub-urban character and appearance.

Trees within the appeal site are protected by a group Tree Preservation Order (TPO), covering a variety of species with many mature specimens. These specimens, as well as the existing roadside hedge, contribute positively to the landscaped appearance of the area, which is in part experienced by users of the nearby public footpath. This contribution is particularly important noting the transitional nature of the appeal site adjacent to the open countryside.

Policy 39 of the Bedford Borough Local Plan 2030 (the Local Plan) states amongst other matters that applicants shall consider opportunities to retain trees of high amenity and environmental value, taking into consideration both their individual merit and their contribution as part of a group or broader landscape.

The appeal proposal relates to amendments to the design and siting of the approved ‘Plot 2’, which would be positioned between [site address] and the neighbour to the north, 1 [name].

The revised siting of the dwelling has been plotted on an updated ‘Arboricultural Impact Assessment’ plan. The associated report outlines various recommendations for works to trees affected by the TPO. A total of five tree specimens are proposed for removal, two on arboriculture grounds (deemed category U – unsuitable for retention) and three horse chestnut trees to facilitate the development (deemed category C – trees of low quality). Various other works such as crown lifts are also recommended. Following development, the revised siting of Plot 2 would encroach into the root protection areas (RPAs) of four trees.

The category C horse chestnut trees proposed for removal are positioned broadly centrally, in the northern portion of the appeal site, some distance from the highway edge. The removal of the specimens would be of benefit to the functionality of the rear garden area of the dwelling.

Based on the evidence before me, I cannot be certain of the level of tree works which have already been approved in the discharge of conditions for the extant scheme. However, even if the three horse chestnut trees now proposed for removal were originally intended to be retained, I find it likely that they would be under threat for removal in the future given the extent to which they would cover, and shadow the rear garden of the proposed plot (even in the context of the extant siting of Plot 2).

Once the site is developed, the contribution that these trees in particular would make to the overall character and appearance of the area would be somewhat limited by the presence of built form. I therefore find that the extent of tree removal proposed would be reasonable to facilitate the development.

Where encroachment of the development into RPAs would occur, it would be relatively minor in percentage terms (in all cases less than 4% of the RPA). Following the proposed removal of one of the horse chestnut trees, the area of hardstanding to the rear of the dwelling would not encroach into any RPAs. There is little substantive evidence before me to suggest that additional formalised hardstanding around the sides of the dwelling is proposed or indeed would be necessary.

There is no dispute between the main parties that the extent of RPA encroachment shown is unlikely to have any significant adverse impact upon the affected trees. They would therefore continue to positively contribute towards the existing landscaped character of the appeal site.

With the ability to condition tree protection measures, which could reasonably be updated by condition (for example to annotate what is inferred as protective fencing), I find that the variation of the condition proposed would have an acceptable effect on the character and appearance of the area, including its effect on protected trees. I have therefore identified no specific conflict with Policy 39 of the Local Plan. I have also identified no conflict with Policies RC1 or LNE1 of the Riseley Neighbourhood Plan (2024) which collectively seek for proposals to respect the rural character of the village including through protecting the natural landscape.

Concerns have been raised that the amended design presented through the appeal proposal would not be in keeping with the surrounding area, representing an overdevelopment of the appeal site. I note that the Council has identified that the proposed dwelling would not appear out of character with the mixed roof forms of dwellings in the surrounding area. Based on the variety of dwelling designs, including heights of roof forms in the surrounding area, I see no reason to disagree with this conclusion and find that the proposal would assimilate well into the immediate street scene.

By allowing this appeal a new planning permission is created. The national Planning Practice Guidance advises that, for clarity, decision notices for the grant of planning permission under section 73 should restate the conditions imposed on earlier permissions that continue to have effect, unless they have already been discharged.

The Council has provided a list of suggested conditions were the appeal to be allowed, many of which have been updated from the original decision notice to reference details previously agreed. Where appropriate, I have adjusted the wording of the conditions in the interest of precision and enforceability.

I have not imposed the timescale for commencement condition given the development has already commenced. I have reworded the plan condition to reference the revisions sought to Plot 2 through the appeal proposal as well as the drawing titles and reference numbers which remain relevant from the original permission.

The Council’s suggested condition in relation to tree protection measures relates solely to the proposed dwelling on Plot 2. Whilst the Council has suggested that tree protection measures for the remainder of the site have been previously agreed through a discharge of condition, the suggested conditions do not refer to the implementation of such protective measures.

I therefore find it reasonable and necessary to amend the wording to include Plot 1, to ensure that trees within the appeal site proximate to areas of further development are appropriately protected. If the details have in fact been partially previously discharged (as is suggested), that is a matter which can be addressed by the parties.

Conditions relating to the provision of boundary treatments, material details, ground levels, car parking, access and surface water drainage have been imposed in the interest of preserving the character of the area, highway safety and to ensure that the drainage relating to the appeal site is appropriate.

A condition requiring the first-floor windows in the side elevation of Plot 2 to be obscurely glazed, and partially non-opening, is imposed to protect the living conditions of existing occupiers.

The Council has suggested an additional condition relating to bin storage and collection. However, this would be more onerous than the extant permission and there is little before me to justify that the amendments to the design and siting of Plot 2 would warrant this condition being imposed.

I have found the appeal proposal to have an acceptable effect on the character and appearance of the area. In this regard, it would be compliant with the above cited policies of the development plan. There are no material considerations that indicate the appeal should be determined other than in accordance with the

Accordingly, for the reasons given above, I conclude that the appeal should succeed. I will grant a new planning permission, rewording the disputed condition to account for the amendments to the design and siting of the dwelling at Plot 2, and restating those undisputed conditions that are still subsisting and capable of taking effect.

The development hereby permitted shall be carried out in accordance with drawing nos, Location Plan, plan ref. P2 (Council reference No: V2 of 09/00165/FUL), dated received on 26th January 2009; [name], plan ref. P4 (Council reference No: V4 of 09/00165/FUL), dated received on 26th January 2009; [name] plans, plan ref. P7 (Council reference No: V7 of 09/00165/FUL), dated received on 26th January 2009; [name] plans, plan ref. P8 (Council reference No: V8 of 09/00165/FUL), dated received on 26th January 2009; [name], plan ref. P9 (Council reference No: V9 of 09/00165/FUL), dated received on 26th January 2009; [name], plan ref. P10 (Council reference No: V10 of 09/00165/FUL), dated received on 26th January 2009; [name], plan ref. P12 (Council reference No: V12 of 09/00165/FUL), dated received on 26th January 2009; [name], drawing no. P02 [name] (Council reference No: V03A of 25/01262/S73), dated received 26th November 2025; [name], drawing no. P03 [name] (Council reference No: V03A of 25/01262/S73), dated received 26th November 2025; [name], plan ref. P18 (Council reference No: V18 of 09/00165/FUL), dated received 26th January 2009; [name], plan ref. P20 (Council reference No: V20 of 09/00165/FUL), dated received 2nd March 2009; and Proposed Site Plan, drawing no. P01 [name] (Council reference No: V01 of 25/01262/S73), dated received 17th July 2025.

No development shall take place in connection with the proposed dwellings on Plots 1 and 2, including any demolition and site preparatory works, until an updated [name] and corresponding Tree Protection Plan in accordance with BS5837:2012 Trees in relation to design, demolition and construction - Recommendations has been submitted to and approved in writing by the Local Planning Authority. The Arboricultural Method Statement and Tree Protection Plan shall detail all tree protection measures and set out working methods which are to be implemented on site in full prior to any demolition and site preparatory works taking place on site and shall be adhered to throughout the entirety of the demolition and construction phases.

The particulars of the boundary treatments, screen walls and fences shall be in accordance with the details approved for the discharge of Condition 4 of 09/00165/FUL (LPA reference 11/00612/AOC).

No development shall take place above slab level for the proposed dwelling on Plot 2 until full particulars of the external materials to be used (including walls, roof, doors, windows, dormer faces and external gutters and pipework) have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include the manufacturer and colour specification. The development shall thereafter be carried out in accordance with the approved details or particulars.

The particulars of the external materials to be used in the construction of the proposed dwelling on Plot 1 (including walls, roof, doors, windows and external gutters and pipework) shall be in accordance with the details approved for the discharge of Condition 5 of 09/00165/FUL (LPA reference 11/00613/AOC).

The proposed slab and ground levels of the development hereby approved shall be in accordance with the details approved for the discharge of Condition 6 of 09/00165/FUL (LPA reference 11/00614/AOC).

No dwelling hereby permitted shall be occupied until the garage and vehicle parking spaces for that plot have been provided in accordance with drawing no. Proposed Site Plan, drawing no. P01 [name]. Thereafter the vehicle parking spaces shall be retained for the parking of vehicles only.

No development shall take place in connection with the proposed dwelling on Plot 2 until full details of the surface water drainage of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details or particulars in relation to Plot 2 and the details approved for the discharge of Condition 9 of 09/00165/FUL (LPA reference 11/00615/AOC) in relation to Plot 1.

The particulars of the vehicular access surfacing shall be in accordance with the details approved for the discharge of Condition 11 of 09/00165/FUL (LPA reference 24/02448/AOC).

Before the new access is first brought into use, any existing access within the frontage of the land to be development, not incorporated in the access hereby approved shall be closed in accordance with the details approved for the discharge of Condition 12 of 09/00165/FUL (LPA reference 11/00809/AOC).

Before the dwellings are first occupied, all the on site vehicular areas shall be surfaced in accordance with the details approved for the discharge of Condition 13 of 09/00165/FUL (LPA reference 11/00617/AOC).

The turning space for vehicles illustrated on the approved site layout plan shall be constructed before the development is first brought into use.

No further development shall take place until a wheel cleaning facility has been provided at all site exits in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The wheel cleaner(s) shall be removed from the site once the roadworks necessary to provide adequate access from the public highway have been completed (apart from final surfacing) to the satisfaction of the Local Planning Authority.

The dwelling hereby permitted on Plot 2 shall not be occupied until the windows in the north east facing side elevation at first floor level have been fitted with obscured glazing, and no part of those windows that is less than 1.7 metres above the floor of the room in which it is installed shall be capable of being opened. Details of the type of obscured glazing shall be submitted to and approved in writing by the local planning authority before the window is installed and once installed the obscured glazing shall be retained thereafter. End of Schedule of Conditions