Appeal 6003826

The appeal is allowed and planning permission is granted for demolition of existing dwelling and the erection of a detached replacement self-build dwelling, annexe and double car port. This includes associated access, parking and curtilage at [site address] in accordance with the terms of the application, [name]/25/3080/FUL, subject to the conditions in the attached schedule.

Following the start of the appeal the Council adopted the Uttlesford Local Plan 2021-2041 (LP) on the 26 March 2026. The LP replaces the Uttlesford Local Plan 2005 that was cited in the Council’s reasons for refusal and officer’s report. In these circumstances, I am required to determine the appeal against the current development plan for the area at the time of my Decision. The appellant and Council were invited to make comments on the relevant LP policies, and I have taken these comments into account in reaching my decision.

The proposal is advanced as a self-build. During the processing of the appeal a [name] (UU) has been submitted to secure the proposal as such. The Council has been given the opportunity to comment on the UU. I shall return to this later in my decision.

In allowing the appeal I have amended the description of development by removing the address which is not an act of development.

The effect of the proposal on character and appearance.

The appeal site is situated within the countryside, adjacent to a cluster of residential properties that front [site address] . The existing dwelling, [site address] , is a modest sized dormer bungalow, with outbuildings, positioned within a deep rectangular plot. The presence of mature trees in the intervening space between the road frontage and the existing dwelling provides substantial screening of the property. Mature landscaping is also present to its side and rear boundaries with an area of woodland beyond the rear of the plot. Nearby property types vary, although they are predominantly substantial dwellings within similarly spacious and landscaped plots. Accordingly, the area has a semi-rural and verdant appearance.

Core Policy 2 of the LP seeks to resist development that undermines rural character or results in disproportionate scale relative to its context. Core Policy 6 of the LP refers for the need for development to be appropriately scaled, visually sensitive and landscape-led and Core Policy 52 seeks good design.

Whilst the design and fenestration differ significantly from the appearance of the existing dwelling, [site address] is of no particular architectural merit, and in effect, one modern property would be replaced with another contemporary dwelling. As a result of its increased height, scale, bulk and mass the proposal would appear as a larger, more prominent structure in the plot, when compared to the existing dwelling. Nevertheless, the proposed form and appearance draw on local design cues, including projecting gables and pitched roof, thereby reinforcing the area’s traditional character.

The dwelling would be set back significantly within the site, in a similar location to the existing. Although the dwelling would have a deeper footprint than the existing property mature landscaping to its side boundaries would help reduce its visual impact. Furthermore, given the siting of the dwelling deep within the plot, and the presence of mature vegetation, there would only be glimpsed views of the proposal from the road frontage. Woodland beyond the rear of the site would also provide extensive screening that would soften the visual impact of the dwelling and help integrate it within the wider landscape setting. Additional landscaping would be secured by condition, and the plot would maintain its verdant character and appearance.

For these reasons, the proposal would sit comfortably within its spacious and verdant plot without appearing dominant in the wider streetscene. Given the context of the site within a cluster of existing dwellings proximate to the main road the proposal would not undermine rural character, nor would it cause demonstrable harm to the intrinsic character and beauty of the countryside.

I, therefore, conclude that there would be no material harm to the character and appearance of the appeal site, or the surrounding area. The proposal would accord with the aims of [name] 2, 6 and 52 of the LP, as outlined above. It would also accord with the Framework’s requirement that development should recognise the intrinsic character and beauty of the countryside and be sympathetic to local character.

Interested parties have raised concerns regarding the impact of the proposal upon wildlife and drainage. The proposal is accompanied by a drainage strategy, arboricultural survey, preliminary ecological survey and bat emergence surveys. These matters were considered by the Council and did not form part of the Council’s reason for refusal. Based on the evidence before me I have no reason to reach a different view on these matters. In respect of concerns regarding the presence of travellers nearby, this is not determinative to the appeal proposal before me.

The Council has suggested several conditions. I have included those which meet the six tests set out in the Framework and the Planning Practice Guide (PPG), rewording, where necessary, for clarity. In addition to the statutory commencement condition, a condition is necessary to ensure that the development complies with the submitted plans in the interests of clarity.

The proposal is advanced as self-build and is accompanied by a UU to secure it as such. Accordingly, the mandatory [name] (BNG) requirements under the Environment Act 2021 do not apply to self-build dwellings, as these are exempt from the statutory 10% net gain requirement. Nevertheless, the proposal includes proportionate biodiversity enhancements to support local ecology, and I shall impose conditions to secure the results of bat surveys, ecological mitigation, biodiversity enhancements, and arboricultural protection measures, to ensure the ecological and landscape impacts are appropriately managed in accordance with the policies of the LP.

The Council has suggested a condition for the removal of rights to extend or alter the property under Class A (enlargement, improvement or other alteration of a dwellinghouse), B (additions etc to the roof of a dwellinghouse) and E (buildings etc incidental to the enjoyment of a dwellinghouse) of the Town and Country Planning (General Permitted Development) (England) Order 2015. The Framework states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so. However, in this circumstance given the increased scale of the dwelling and the extensive nature of the plot I consider that such conditions, limiting these rights, to be reasonable and necessary to maintain control over future additions in the interests of character and appearance.

For the reasons given above the appeal is allowed.

The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: PL4 Location Plan, PL3 Proposed Site Plan, PL2 Floor Plan (proposed), ML-FP203 REV 00 [name], PL1, PL6, PL7 and [name]-01 A Drainage Strategy.

All mitigation measures and/or works shall be carried out in accordance with the details contained in the [name] and Roost Assessment (Arbtech, May 2025) and maintained as such in that manner thereafter.

Prior to any works above slab level, a [name] for protected and Priority species shall be submitted to and approved in writing by the local planning authority following the recommendations made within the [name] and Roost Assessment (Arbtech, May 2025). The content of the [name] shall include the following: a) Purpose and conservation objectives for the proposed enhancement measures; b) detailed designs or product descriptions to achieve stated objectives; c) locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans; d) persons responsible for implementing the enhancement measures; e) details of initial aftercare and long-term maintenance (where relevant). The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.

Prior to the installation of the slab level of the hereby approved development, a detailed landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include: • Hard landscaping details, including Surface treatments (materials, colours, permeability) • Boundary treatments (walls, fences, railings) • Street furniture and lighting (where applicable) • Soft landscaping details, including planting plans, including species, sizes, densities, and locations • Tree planting proposals, including native and climate-resilient species • Biodiversity enhancements (e.g. hedgerows, wildflower areas, bat/bird boxes) • Measures for the protection and retention of existing trees and vegetation • Implementation and maintenance, including: A timetable for implementation (phased if necessary) • A minimum 5-year maintenance schedule, including watering, weeding, and replacement of failed planting The approved scheme shall be implemented in full prior to first occupation of the development or in accordance with the agreed timetable. Any trees or plants which, within a period of five 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 unless otherwise agreed in writing by the Local Planning Authority.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking, re-enacting or amending that Order with or without modification), no development falling within Schedule 2, Part 1, [name], B or E shall be carried out to the dwelling(s) hereby permitted without the prior written planning permission of the Local Planning Authority. ***End of Schedule***