Appeal 6004412

The appeal is allowed and planning permission is granted for two pairs of semi-detached dwellings with associated hard and soft landscaping following the demolition of the existing dwelling and garage at [site address] , [site address] , Surrey, Cobham, [postcode] in accordance with the terms of the application, Ref 2025/2390, subject to the conditions set out in Schedule of Conditions.

During the appeal process, the appellant submitted a legal agreement to secure the [name] and Monitoring (SAMM) contribution to mitigate the impact of the development on the Thames Basin Heaths Special Protection Area (SPA). The Council has confirmed that it accepts this agreement. As a result, the reason for refusal relating to the absence of a completed legal agreement has been overcome.

Revised plans of the proposed development have been submitted and are before me. However, as they have not been subject to consultation, I cannot take them into account, as this would prejudice other interested parties.

The main issues are:  Whether the proposal would make an efficient use of land, having regard to the size of the units and the need for efficient use of land within the urban area.  The effect of the development on the character and appearance of the area, having regard to overall bulk, mass, height and depth of the proposed buildings.

The Technical housing standards - nationally described space standards (NDSS) 2015 sets the minimum requirement for gross internal floor area and storage. For a two storey dwelling, this would require [address] metres for a 3 bedroom (4 persons) dwelling, [address] metres for a 2 bedroom (4 persons) dwelling.

The development would provide 3 bedroom dwellings of circa [address] metres, which would be [address] metres greater than the minimum standard in the NDSS. The 2 bedroom dwelling would be circa [address] meters, which would be [address] metres greater than the minimum standard. Accordingly, the size of the units would be larger than the minimum requirements set out in the NDSS.

Having regard to the submitted floor plans, the internal layout and individual room sizes do not appear excessively large. The rooms are shown on the plans to accommodate basic furniture comfortably and would provide a functional arrangement, including open-plan living accommodation, bedrooms, bathrooms, en-suites and a utility room. Taken as a whole, the accommodation would not appear excessive for family dwellings.

The Council has raised concerns regarding the potential for the attic space to be converted to additional habitable accommodation at a later date. This possibility is considered to be facilitated by the substantial size and height of the proposed crown roof. However, while the roof pitch would be steep, it follows the prevailing roofscape of the street and would not exceed the ridge height of the existing building. Furthermore, there is no indication of any plans to convert the space, as there are no proposed windows within the attic to provide adequate light, outlook and ventilation necessary for a habitable room.

While the size of the dwellings would exceed the minimum space standard, the scheme would utilise the land efficiently by replacing one dwelling with four units. When considering the development in the context of the site’s constraints, and the established development along the street, the proposal would make effective use of the available land.

Taking all matters into account, the development would make efficient use of the land, having regard to the size of the units and the need for efficient use of land within the urban area. The proposal would therefore accord with Policies CS17 and CS19 of the [name] 2011, insofar as these seek to achieve the required density, mix and efficient use of land. The proposal is also consistent with paragraphs 11 and 124 of the NPPF, insofar as these seek to make effective use of land and promote development in sustainable locations.

The appeal site lies on a quiet residential side street of [site address] within the town of Cobham. It is within short walking distance from local services and public transport in the town centre, and lies adjacent to the Cobham Conservation Area (CA). The street is lined with mature trees and the surrounding buildings are predominantly characterised by two storey detached and semi-detached dwellings set within large private gardens. The buildings typically have mansard or pitched roofs, and are finished in brick, hanging tiles and render.

The existing building on the site is a substantial two storey detached dwelling with a large single storey garage positioned to the side and a large rear garden. The building has a pitched roof with projecting gables, an entrance porch and bay windows to the front, and a conservatory to the back. External finishes comprises of brick and hanging tiles, timber sash windows and two brick chimneys.

The appeal development would comprise of two semi-detached buildings, each containing two dwellings, with parking provided to the front and private gardens to the rear. In total, the scheme would deliver three 3 bedroom dwellings and one 2 bedroom dwelling. The buildings would be two storeys high, with a combination of mansard and pitched roofs. External finishes would include brick and hanging tiles, clay tile roof, and brick chimneys.

The proposal would increase the overall mass of the development on site from the existing, it would nonetheless retain the established building line and ridge height in this part of the street scene. While the overall footprint of built development would increase, the scheme would make efficient use of the plot while still providing private garden space to the rear.

While the bulk and mass of the proposed development would increase compared with the existing building, this increase would be successfully managed through architectural design. The design draws on proportions, architectural rhythm and features found within the host and neighbouring buildings, breaking up the overall mass and resulting in a form of development that would appear proportionate and sympathetic within the street scene. Consequently, the proposed bulk, mass, height and depth would be acceptable in this context.

While the development would increase the width of the overall street facing frontage, it would not appear dominant within the streetscape. This is because the development would be divided into two buildings making it proportionate when viewed in the context of surrounding buildings. The proposed buildings would remain below the ridgeline of the existing dwelling and would be set back from the site boundaries. Furthermore, the development would respond sympathetically to neighbouring buildings through the retention of the prevailing roofscape, eaves line, fenestration, materials and other architectural features. As such, the proposal would be in keeping with the character and appearance of the area and the street scene.

The site adjoins the Conservation Area, and lies in close proximity of two listed buildings; [address] and [address]. However, having regards to the location of the development, and the distance to the Conservation Area and the Listed Buildings, the proposal would not result in harm to the designated heritage assets or their settings.

Taking all matters into account, the development would be in keeping with the character and appearance of the area. It would therefore accord with Policy DM2 of the Development Plan 2015, and policies CS10 and CS17 of the [name] 2011, insofar as that the development is well designed, integrate with, preserve and enhance the character of the area. In addition, the development would accord with the [name] 2024 and The National Design Guide (NDG) 2019, insofar as these seek to ensure that developments are well designed and successfully integrated into their surroundings, with particular regard to height, roofscape, building lines and materials.

The development site is located within 5 kilometres of the Thames Basin Heaths Special Protection Area (SPA). As such, the proposal has the potential to result in a likely significant effect on the integrity of the SPA due to increased recreational pressure. However, the [name] and Monitoring (SAMM) strategy provides a mechanism to mitigate such impacts on a wider and strategic basis. In this case, a signed [name] (UU) has been submitted, which secures a financial contribution towards SAMM. This contribution would ensure that appropriate mitigation measures are implemented across the SPA, and would satisfactorily address the potential impact. Accordingly, the proposal would comply with the relevant development plan policies and the requirements of the Habitats Regulations.

The Council has confirmed that it is unable to demonstrate a five-year supply of deliverable housing sites and, as a consequence, paragraph 11(d) of the Framework is engaged. While modest in scale, the proposed development would contribute additional housing in a sustainable location. In light of the housing land supply shortfall, this carries positive weight in the planning balance and supports the conclusion that the appeal should be allowed.

The Council has suggested conditions which the appellant has had the opportunity to comment on. I have considered these against the advice in the Framework and the Planning Practice Guidance and have only imposed them where I consider them to meet the tests, amending them where necessary for the sake of clarity and precision. A number of pre-commencement conditions are necessary and the appellant has agreed to these in writing as required by the Town and Country Planning (Pre-Commencement Conditions) Regulations 2018.

In addition to the standard time limit, in the interests of certainty I have imposed a condition specifying that the development is carried out in accordance with the submitted plans.

A condition for the details of the external materials is necessary to ensure that the character and appearance of the area is preserved.

Condition 4 referring to the adherence of the development to the [name] on ecology and biodiversity net gain are necessary to ensure preservation of protected species and biodiversity.

A pre-commencement condition to submit a landscape and ecological management plan is necessary to prevent adverse effect to protected species and manage impacts on the biodiversity value of the site in the longer term. This is necessary to be secured pre-commencement in order to ensure any harm which could result from the commencement of development is avoided.

Pre-commencement conditions for the preparation and submission of an ecological enhancement plan and a construction environment management plan are necessary to safeguard protected species and biodiversity during any works of commencement, construction and to secure ecological enhancements.

A condition for tree protection measures is necessary to protect and enhance the appearance and character of the site and surrounding area.

Conditions relating to vehicle and bicycle parking, including electric charging points, are necessary in the interest of highway safety and to ensure adequate and appropriate parking provision.

The Council has proposed the imposition of a condition to remove permitted development rights falling within Part 2, [name], B and C of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order. As a result, no development falling within those classes shall be carried out within the curtilage of a dwellinghouse unless planning permission is first granted by the Borough Council. This condition is not necessary to make the development acceptable in planning terms. These restrictions would amount to a disproportionate and unreasonable constraint on minor curtilage works and are not justified by any identified site-specific planning harm. As such, the condition fails to meet the tests for planning condition, including necessity and proportionality. It is therefore removed to ensure a reasonable and proportionate planning outcome, consistent with national policy and the established character of Cobham.

For the reasons given above, I conclude that no harm has been identified in respect of the efficient use of land or the character and appearance of the area. The proposal therefore accords with the development plan as a whole, and there are no material considerations indicating otherwise. Accordingly, 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 drawings: Location Plan, Plans and Elevations for Plots 1/2 00P110 [name], Plans and Elevations for Plots 3/4 00P120 [name], [name] & Elevations 00P010, Existing & [address] 00A130 [name], [name] and [name] 00P007 [name], and Proposed Block Plan 00P005 [name].

No development above ground level shall take place until samples of the materials to be used on the external surfaces of the building and the roof, the boundary wall, entrance gates and piers, 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.

The development shall be carried out in accordance with the conclusions and recommendations set out in the Technical notes: Ecology, and [name], including any biodiversity enhancements by AAE, report: 253179.

Before the development is first occupied, a Landscape and Ecological Management Plan (LEMP), including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved in writing by the local planning authority. All landscaping shall be managed in accordance with the approved LEMP.

No development shall commence until an Ecological Enhancement Plan, including a management plan for on-site habitats and other enhancements, is submitted to and approved in writing by the local planning authority. All approved measures shall be implemented before the development is first occupied.

No development shall commence until a Construction Environment Management Plan (CEMP), including an assessment of ecological features, risks, mitigation measures and management responsibilities, has been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved plan.

No site clearance, preparatory work or development shall take place until tree protection measures for the retained trees is installed in the positions identified on the approved Tree Protection Plan DPA-5115-03 [name], and retained for the duration of the development. The development shall thereafter be carried out in accordance with the approved method statements contained in the [name] 5115 / AIA / Rev 1.

The development hereby permitted shall not be occupied until the vehicle parking spaces have been provided in accordance with the approved scheme. Thereafter these spaces shall be retained for the parking of vehicles only.

The development hereby permitted shall not be occupied until a scheme for electric vehicle charging points for each dwelling 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 occupation. Thereafter, the charging points shall be retained for use by the occupants of the site.

The development hereby permitted shall not be occupied until a scheme for bicycles parking and provision for e-bike charging points for each dwelling 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 occupation. End of Schedule