Appeal 6004546

The appeal is allowed and planning permission is granted for the erection of two dwellings at [site address] , [site address] , Hixon, Stafford, Staffordshire [postcode] in accordance with the terms of the application, Ref 24/39877/OUT, subject to the conditions in the attached schedule.

Outline planning permission is sought with all matters reserved except access. I have had regard to the other details on the submitted plans but have treated them as illustrative other than for access.

The appellant’s appeal statement included plans showing different options for the available sight lines at the access depending on the set back and where they were measured in relation to the carriageway. These were provided at the outset of the appeal, and all parties have therefore had opportunity to comment on them. Given this and that they do not fundamentally change the proposal, no one would be prejudice by my taking them into account.

I have taken the address and description of development from the application form as they are sufficiently precise.

The main issue is the effect of the proposal on highway safety.

Other than the initial part of the access there would be limited opportunity for vehicles to be able to pass along the private road. However, there is relatively good visibility along what is a mostly straight section of private road from the entrance to the appeal site. Therefore, drivers and other road users would be able to see each other over some distance. The wide entrance and initial part of the private road would provide sufficient space to allow vehicles to pass with the one entering the site being off the carriageway and not needing to reverse back on to it. Similarly, other road users would be able to see vehicles approaching and ensure they or the vehicle waited to allow them to pass. The width of the private road, and that it is a shared surface means that vehicle speeds would likely be low, giving sufficient time to prevent conflicts, something I observed during my visit.

If parking for one of the existing properties were to take place on the side of the private road as suggested, this would be at the rear part of it where it widens near the entrance to that dwelling. Again, there would be sufficient space to pass the parked vehicle even if there were a slight overhang onto the private road. In addition, in the absence of any clear evidence to the contrary sufficient space would be left for the turning of vehicles for that property. Given the distances involved, any waiting would not be for a substantial period or have any significant effect on the flow of traffic along the public road.

At the time of my site visit, there was good visibility at the access back towards the village over the wide pavement, driveway and verge to the front of the existing corner property. To the other side, the verge in front of the set back fence was somewhat overgrown and reduced visibility, as did the hedgerow beyond. From the evidence before me, much of this area is part of the highway and within a visibility splay subject to a condition on a previous planning permission using this access. The number of additional vehicle movements and therefore increase in potential conflicts would also not be significant.

The plans show a splay of 2m by 49m can be achieved solely within the highway authority land measured to 1m into the carriageway, appearing to avoid the telegraph pole. Based on the [name], the lack of compelling evidence that the road is anything other than lightly trafficked and that a 2m set back has previously been conditioned at this access, the suggested distance and set back is sufficient. The public road narrows towards and beyond the change in speed limit. Vehicles and road users would be likely to be located within the centre and/or furthest side of the road approaching the site with the road widening nearer the site. As such, measuring the splay to 1m into the carriageway would still result in vehicles and road users being seen.

Visibility to the other side of the private road entrance would only be obstructed by vehicles that needed to wait to allow others to pass. This would only be for a temporary and short period of time and be a relatively infrequent occurrence given the small number of properties off it. This again relates to a splay secured on a previous planning permission and is shown to be within highway land.

Consequently, even with the sight line going 1m into the carriageway and potentially the front part of a vehicle at the access overhanging the carriageway, there would still be sufficient visibility and time for road users to stop if needed. While not solely within the appellant’s control, a condition could be imposed requiring the splay over highway authority land to be provided and retained.

There are also several existing access points on the opposite side of the road with far more limited visibility entering the village before getting to the appeal site. The presence of accesses and vehicles emerging is therefore not unexpected. It has not been demonstrated that the current operation of these has caused incidents or conflicts to occur.

The proposal would lead to an increase in the number of vehicles using that access and private road. Notwithstanding this, this is the existing situation and arrangement. The existing access already serves several properties and has an agricultural gate access leading off the private road. There is no compelling evidence that this currently leads to, or has led to, any highways safety concerns.

Consequently, the proposal would not have a harmful effect on highway safety. It would accord with Policy T2 of The Plan for Stafford Borough, where it requires safe and adequate means of access and that schemes do not impair highway safety or traffic movement.

The appeal site lies within the 15km buffer of the Cannock Chase Special Area of Conservation (SAC). The interest features of the SAC relate to its unique wet and dry heathland habitat with the conservation objectives to maintain these in a favourable condition.

The proposal would lead to additional dwellings. There is a reasonable likelihood that the SAC would be accessed for recreational purposes by future occupiers of the development. Although small, the development would lead to greater likely disturbance and nutrient enrichment from visitor use and vehicle emissions. Therefore, having taken a precautionary approach, the proposed development is likely to have a significant adverse effect on the integrity of the designated site, when considered in combination.

In these circumstances, the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations) require that an Appropriate Assessment (AA) is carried out. The Habitats Regulations also indicate that permission may only be granted after having ascertained that a scheme will not affect the integrity of the designated site. I may consider any conditions or other restrictions which could secure mitigation and so provide certainty that the proposal would not adversely affect the integrity of the site.

The proposal is not directly connected with or necessary for the management of the SAC. To avoid adverse effects on the integrity of the SAC appropriate mitigation needs to be secured

An AA was undertaken during the application by the Council and Natural England (NE) was consulted at this stage. NE have stated that if all mitigation measures are appropriately secured, they are satisfied that there would be no adverse impact on the sites from recreational pressure.

A Unilateral Undertaking has been provided which secures a proportional financial contribution towards [name] and [name] (SAMMM) in line with relevant guidance1. The evidence indicates that the payment has already been made and the planning obligation, along with the Council’s confirmation that they are satisfied with the agreement means there is sufficient guarantee that the contribution would be used for its intended purposes.

The information before me indicates that the impact of the development could therefore be mitigated. This would avoid adverse effects on the integrity of the SAC and accord with the Habitats Regulations. 1 Planning Guidance To Mitigate The Impact Of New Residential Development On Cannock Chase Special Area Of Conservation (SAC) (June 2023) and Guidance To Mitigate The Impact Of New Residential Development

The layout of the site, along with the scale and appearance of the dwellings is not to be considered at this stage. Due to the size of the site and number of units proposed, subject to appropriate design at reserved matters stage the living conditions of nearby residents could be protected. This is also the case for the appearance of the dwelling and any effects on the character and appearance of the area. Any disturbance during the construction period would be temporary.

While the site is at the edge of the settlement, the scale of the proposal and number of nearby properties mean the scheme would not significantly increase noise, disturbance or harm the character of the area. The adoption and maintenance of the private drive is not a matter that affects my findings on the

In addition to the standard time limit conditions, I have imposed one requiring submission of the remaining reserved matters as this is an outline permission. Conditions requiring that the development is carried out in accordance with the approved plans, so far as they relate to the elements of access where agreement is sought and showing the extent of the site are necessary for clarity and in the interest of highway safety. Conditions relating to pedestrian improvements and visibility splays are also imposed in the interest of highway safety.

A condition requiring final details of species mitigation measures to be agreed is imposed to protect them as details in the submitted [name] are not sufficiently precise, and some elements of the scheme are not yet to be agreed. To protect the living conditions of nearby residents and prevent harm to highway safety a condition requiring agreement of a construction method statement is imposed as the one provided is not sufficiently precise. A condition requiring an arboricultural impact assessment is not necessary as this would form part of the reserved matters. Details of surface water drainage are required to prevent increased risks of flooding.

Due to the provisions of Schedule 7 of the 1990 Act and as none of the statutory exemptions apply in this case, the development may not be begun unless a biodiversity gain plan has been submitted to and approved by the local planning authority.

The proposal would accord with the development plan, and material considerations do not indicate that a decision should be made other than in accordance with it.

For the reasons given above the appeal should be allowed.

Details of the appearance, landscaping, layout, and scale, hereinafter called "the reserved matters" shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.

Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

The development hereby permitted shall be carried out in accordance with the following approved plans: Planning 1 Site/location plan, Site plan – conditions [name] (except in respect of the visibility splays).

No development shall commence until details of biodiversity measures have been submitted to and agreed in writing by the local planning authority including a programme of implementation and maintenance. The development shall be carried out in accordance with the approved details.

No development shall commence until a [name] has been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

No development shall commence 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: i) 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; ii) include a timetable for its implementation; and, iii) 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.

Prior to the occupation of any of the dwellings hereby approved, the pedestrian improvement works shall be provided in accordance with those shown on Site plan – conditions [name].

Prior to the occupation of any of the dwellings hereby approved, visibility splays of 2m x 49m measured 1m into the carriageway to the north and 2m x 29m to the south as shown on drawing SCP/250034/D01 shall be provided free of any obstruction exceeding 0.6m in height and shall be retained as such thereafter.

Prior to the occupation of any of the dwellings hereby approved parking and turning space for that dwelling shall be provided in accordance with plans that have first been submitted to and agreed in writing by the local planning authority and shall thereafter be kept available at all times for those purposes.