Appeal 6005149

The appeal is allowed and planning permission is granted for demolition of existing buildings, removal of builders yard and construction of four new dwellings at [site address] , [site address] , Essex [postcode] in accordance with the terms of the application Ref 25/00027/FUL, subject to the conditions in the attached schedule.

The Government launched a consultation on reforms to the National Planning Policy Framework in December 2025, but as the proposals are still subject to change, they carry little weight. Accordingly, the decision was made with reference to the December 2024 version of the National Planning Policy Framework (the Framework).

The Council confirmed that it no longer seeks to defend the elements of the reason for refusal relating to the site’s alleged unsustainable location and conflict with paragraphs 156 and 157 of the Framework. Based on the evidence before me and my site observations, I am satisfied that the site is in a sustainable location and does not constitute major development as defined in the Framework. Consequently, the main issues in this appeal are: • whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies; and • if inappropriate, whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal.

The appeal site is located within the Green Belt. Policy MG02 of the Brentwood Local Plan 2016-2033 (adopted March 2022) (the BLP) seeks to resist inappropriate development in the Green Belt, except in very special circumstances, and requires proposals to be assessed in accordance with national

Paragraph 153 of the Framework indicates that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. It goes on to establish that development in the Green Belt is inappropriate unless one of the specified exceptions in paragraph 154 applies. This includes, under paragraph 154(g) limited infilling or the partial or complete redevelopment of previously developed land, which would not cause substantial harm to the openness of the Green Belt.

The main parties agree that the appeal site constitutes previously developed land (PDL), and I concur with this position for the following reasons. The site comprises a private access road which leads to a large leisure outbuilding with a basement storage area, and a garden and ornamental putting green associated with the existing dwelling [site address] . The site also includes a builder’s yard containing a single storey storage building, associated hardstanding, open storage area, and a domestic sports facility attached to the storage building. Given that the majority of the site is developed, I find that the appeal site constitutes PDL.

Openness is an essential characteristic of the Green Belt that has both spatial and visual aspects. The site forms part of Parcel 33b identified in the Green Belt Study (November 2018) underpinning the BLP. However, the parcel’s extensive scale reduces its usefulness in determining the proposal’s effect on openness in this case. Here, the assessment of harm to openness turns on the specific characteristics of the appeal site and the spatial and visual impact of the proposed scheme.

The developed character of the appeal site, including its existing buildings and open storage area, reduces its spatial and visual openness. At the time of my visit, the open storage area contained piles of building materials and equipment. Portable toilets, vehicles and a skip were also present near the storage building. While this represents only a snapshot in time, the use of the open storage area is unrestricted and could accommodate a range of storage activities, which would further harm both spatial and visual openness.

The site is bordered by mature vegetation near its northern, western and part of its southern boundaries. Furthermore, the wider parcel of land within which the site is located, is largely enclosed by mature vegetation on all sides. As a result, the appeal site is visually enclosed to a significant extent by established landscaping. Together with the site’s developed character, its contribution to visual openness is limited.

The proposal is for four single storey dwellings, each incorporating living accommodation within the roof space and a basement. The net increase in above-ground floor space would be relatively modest, at approximately 16%, as indicated by the appellant in the Hearing. Although detailed figures have not been provided to allow a direct comparison of the below-ground element, it is evident that this would represent a considerable increase relative to the existing development. Overall, the proposal would increase the volume of built development within the site, principally as a result of the additional below-ground floorspace. Consequently, the scheme would result in a degree of spatial harm to the openness of the Green Belt.

However, the external manifestation of the proposed basements would be largely confined to features such as lightwells and external staircases leading to the basement level, located immediately adjacent to the dwellings. Given their close association with the proposed dwellings and limited visibility above ground, these elements would not visually diminish the openness of the Green Belt.

The proposal would increase the height of built form by approximately 1.2 metres compared with the existing development. However, the additional height and modest increase in above-ground floorspace would be largely visually contained within the existing mature landscape, with proposed planting to reinforce this containment. While planting cannot be relied upon to provide year-round screening, it would nevertheless soften the appearance of the development and filter views, thereby reducing its visual effect.

Furthermore, opportunities for public views of the site would be limited, occurring mainly through gaps in the boundary hedging from the car park1 under construction to the west of the site. Such views would be transient in nature and filtered by vegetation, restricting clear or sustained perception of the proposed development.

The proposal would introduce built form onto parts of the site that are currently more open in character. However, the scale of development within these areas would be modest and, when combined with the sensitive siting and design of the buildings, and the enclosing landscaping, the scheme would act to preserve the openness of the Green Belt.

The current use of part of the site as a builder’s yard and open storage area has the potential to generate a range of activities, a dispersed and visually cluttered appearance, and comings and goings at any time. By contrast, residential use would introduce a more predictable pattern of activity with domestic paraphernalia typically limited in scale and contained within defined residential plots. Accordingly, I am not persuaded that the activity and domestic paraphernalia associated with four dwellings would result in a materially greater effect on the openness of the Green Belt than the existing development.

Taking all matters into account, I find that the effect of the proposal on the openness of the Green Belt would be moderate and would not amount to substantial harm. I, therefore, conclude that the proposal would fall within the exception set out in paragraph 154 (g) the Framework and would not constitute inappropriate development. Accordingly, it complies with Policy MG02 of the BLP and the Framework.

[name] have found that the proposal does not constitute inappropriate development, there is no need to consider paragraph 155 of the Framework or Main Issue 2. 1 Application Ref. 24/01317/FUL

The appeal site is proximate to the [name] listed building [name] and Chapel (the Listed Building). While not related to a reason for refusal, I must, in light of my duties under section 66(1) of the Planning (Listed Buildings and Conservation areas) Act 1990 (as amended) have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Located on the east side of [site address] , the Listed Building is a fine example of [name] architecture. Given the separation distance and presence of intervening buildings, vegetation and road, the appeal site does not actively contribute to the setting of the Listed Building. When taken together with the scale and siting of the proposed development, the scheme would preserve the setting of the Listed Building and would not harm its significance. The Council reached the same conclusion and raised no heritage concerns.

The appeal site is outside of, but adjacent to, and within the setting of the [site address] Conservation Area (the CA). The CA derives its significance from its well-preserved historic village and architectural character, as well as its mature landscape setting.

The proposal would result in minor alterations to the boundary walls at the site entrance and the removal of the existing gates. However, given the minor nature of these changes, the scheme would preserve the setting of the CA and would not harm its significance. The Council similarly identified no heritage concerns.

A schedule of planning conditions was submitted as part of the Statement of Common of Ground agreed between the parties. Following the Hearing, an updated and agreed schedule of conditions was provided. I have assessed these conditions against the Framework and the guidance set out in Planning Practice Guidance. Where necessary, I have amended the wording to ensure precision and enforceability.

Along with the standard time condition [1], the approved plans should be specified to provide clarity and certainty [2].

Conditions requiring details of external materials [3], a scheme for the protection of the retained trees [4], details of hard and soft landscaping works [7], details of boundary treatments [8] are necessary to safeguard the character and appearance of the area. Condition 4 is necessarily imposed as a pre-commencement condition to ensure protective measures are in place from the outset of development.

Conditions requiring a Construction Environmental Management Plan (CEMP) [5] and scheme for foul drainage [6] are necessary to ensure that the development does not adversely affect the living conditions of nearby residents and to protect the natural environment. Condition 5 is a pre-commencement condition as it secures measures to manage the impacts of construction, which would arise from the outset of works.

A condition requiring a sustainable drainage scheme is necessary in order to mitigate flood risk [9]. A condition requiring the provision of infrastructure for broadband connection is necessary to ensure digital connectivity in accordance with policy BE07 of the BLP [10].

To ensure that the development provides acceptable living conditions for future occupiers, a condition requiring a detailed noise impact assessment is necessary, having regard to the site’s proximity to major noise sources. This condition is necessary on a pre-commencement basis to ensure mitigation measures are identified and secured prior to development commencing [11].

Conditions requiring an assessment of contamination risks [12], remediation of any identified contamination [13][14], measures to address any unforeseen contamination discovered during construction [15] and a monitoring and maintenance scheme [16] are necessary to ensure the site is suitable for its proposed use. Conditions [12][13][14] are pre-commencement conditions as it is necessary for any potential contamination to be investigated and addressed prior to the commencement of development to ensure that the site is suitable for its intended use.

In the interests of highway safety, it is necessary for the approved visibility splays [17] and access arrangements [18] to be provided prior to occupation of the development. For the same reasons, conditions relating to the surface treatment of the vehicular access [19] and provision of vehicular and cycle parking spaces [20] [21] are necessary. A water efficiency condition is required in accordance with Policy BE02 of the BLP [22].

Conditions which restrict the permitted development rights of the plots within the appeal site are necessary to protect the openness of the Green Belt, safeguard character and appearance of the area and ensure acceptable living conditions for future occupiers [23] [24].

To safeguard protected species during the construction phase, a condition is necessary to ensure that appropriate mitigation measures and working practices are implemented [25].

Informative notes have been suggested by the Council. However, since they are not conditions, they are not included in the attached schedule.

For the reasons given above the appeal should be allowed.

The development hereby permitted shall begin no later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following plans: • SK1/D • SK10/B • SK11/C • SK12 • Preliminary Ecological Assessment by [name] v2 dated 06/05/2025 • [name] by [name] dated 25/7/2024 • [name] dated December 2024 • Biodiversity Risk Assessment rev A May 2025 by Ward-Booth Partnership • Biodiversity Assessment dated 06/05/2025 v2 by [name] • [name] by Rappor Consultants Ltd V2

Notwithstanding the approved drawings and supporting documents, no development works above slab level (excluding demolition) shall take place until specifications of all external materials to be used in the construction 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.

No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees, including trees outside the site whose canopies overhang the site, (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with paragraphs 5.5 and 6.1 of [name] 5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent [name] if replaced) has been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees shall be carried out as approved.

No site clearance, preparatory work or development shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. As a minimum the CEMP shall cover: a) Delivery and construction working hours (note: these should be limited to 08:00 to 18:00 Monday to Friday, 08:00 to 13:00 Saturdays with none on Sundays and Public Holidays); b) Waste management c) Details of the method for the control of noise with reference to BS5228 together with a monitoring regime; d) Measures to reduce vibration and mitigate the impacts on sensitive receptors together with a monitoring regime; e) Measures to reduce dust with air quality mitigation and monitoring, f) Storage of construction materials on site; g) Measures for water management including wastewater and surface water discharge; h) Arrangements by which the developer shall maintain communication with residents and businesses in the vicinity of the site (where applicable) and by which the developer shall monitor and document compliance with the measures set out within the [name] development shall be carried out fully in accordance with the approved CEMP at all times during construction.

No development (excluding demolition) shall proceed above slab level until a scheme of foul drainage has been submitted to and approved in writing by the local planning authority. The foul drainage shall be installed in accordance with the approved details prior to the occupation of any dwellinghouse(s) hereby permitted and shall be retained and maintained thereafter.

Prior to first occupation of the dwellings hereby permitted, full details of hard and soft landscaping works shall be submitted to and approved in writing by the local planning authority. The details shall include: a) proposed finished levels or contours; b) means of enclosure; c) hard surfacing materials; and d) soft landscaping details including planting plans, written specifications, and schedules of plants, noting species, plant sizes, and proposed numbers or densities. The approved landscaping scheme shall be implemented in full prior to first occupation of the development, or in accordance with a programme for implementation which has first been approved in writing by the local planning authority. Any trees or plants which, within a period of five years from the date of implementation of the approved landscaping scheme, 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.

The development shall not be occupied until details of the treatment of all boundaries including drawings of any gates, fences, walls or other means of enclosure within the site have been submitted to and approved in writing by the local planning authority. The approved boundary treatments shall be completed prior to the first occupation of the development and shall thereafter be permanently retained and maintained.

Prior to the first occupation of the building(s), a report, showing the sustainable drainage features that have been incorporated into the development, shall be submitted to and approved in writing by the local planning authority. The sustainable drainage features shall be fully installed in accordance with the approved details prior to first occupation.

The proposed building(s) shall not be occupied until the infrastructure for the fastest available broadband connection installed on an open access basis has been provided for the future occupants of the building(s).

Prior to commencement of development, a detailed noise impact assessment shall be submitted to and approved in writing by the local planning authority, in consultation with Environmental Health. The assessment shall consider the impact of noise from nearby receptors, having regard to the standards within BS8233:2014. Where the assessment identifies mitigation measures are required to achieve acceptable internal and external noise levels, a scheme of mitigation shall be submitted to and approved in writing by the local planning authority. The mitigation measures shall be implemented in full prior to first occupation of the dwellings and shall be retained thereafter. 12)Prior to the commencement of development, an investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval, in writing, of the local planning authority. The investigation and risk assessment must be undertaken by competent persons, and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include: a) a survey of the extent, scale and nature of contamination, including contamination by soil gas and asbestos; b) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; c) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Land contamination risk management’ (LCRM) guidance.

Where contamination is identified pursuant to condition 12, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared, submitted to and been approved in writing by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Where remediation is required pursuant to condition 13, the approved remediation scheme shall be carried out in accordance with its terms. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and be approved in writing of the local planning authority.

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared submitted for the approval in writing of the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority.

Where required by the approved remediation scheme pursuant to condition 13, a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation, and the provision of reports on the same shall be prepared and submitted to and approved in writing by the local planning authority. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced and submitted to the local planning authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Land contamination risk management’ (LCRM) guidance.

Prior to first occupation of the development hereby permitted, visibility splays shall be provided at the site access in accordance with drawing ‘Visibility Assessment 240305-RAP-XX-XX-DR-TP-3200 Rev P01’. The splays shall measure 2.4 metres by 43 metres in both directions, as measured from and along the nearside edge of the carriageway, with the northern splay taken to a 1 metre offset. The splays shall be provided clear to ground level and thereafter retained free of any obstruction exceeding 600mm in height above the adjacent carriageway level.

Prior to first occupation of the development, the access arrangements including alterations to the gate piers for the shared private drive, shall be provided in accordance with drawing SK11 [name]. The approved scheme shall be implemented in full prior to first occupation and retained thereafter.

No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the carriageway.

Prior to first occupation of the development, each dwelling shall be provided with a minimum of two off-street parking spaces, which shall have dimensions in accordance with the adopted parking standards (5.5m x 2.9m per space). The vehicle parking (which includes visitor parking) and turning areas shall be retained for this purpose at all times.

Prior to first occupation of each dwellinghouse hereby permitted, the cycle parking shall be provided in accordance with the [name] (2024). The approved facility shall be secure, convenient, covered and retained at all times.

The proposed dwellings shall each be constructed and fitted out so that the potential consumption of water by persons occupying the dwellings will not exceed 110 litres per person per day.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no development falling within Schedule 2, Part 1, [name], B and E of that Order plus any additional windows, dormer windows, glazed doors or rooflights shall be carried out or installed without the prior grant of specific planning permission by the local planning authority.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no development falling within Schedule 2, Part 2, Class A, including gates, fences, walls or other means of enclosure, shall be erected within the application site other than those expressly authorised by this permission.

During the construction phase of development, the following practices/measures shall be complied with in full: a) A further badger survey to be conducted by a suitably qualified ecologist as close as practicable to the commencement of the proposed works. No badger setts are to be closed under licence without the prior approval of the local planning authority. b) All site personnel to be fully briefed concerning the presence of badgers in the area and the mitigation measures to be followed. c) Any trenches or deep pits to be securely covered overnight to stop any badgers falling in and becoming trapped. Alternatively, a rough plank can be provided, at an angle no steeper than 45 degrees, to allow any badgers a suitable means of escape. d) Any trenches/pits to be inspected each morning and evening to ensure no badgers have become trapped. e) The storage of topsoil or other 'soft' building materials within the site should be given careful consideration. Badgers will readily adopt such mounds as setts, which would then be afforded the same protection as established setts. So as to avoid the adoption of any mounds, they must be subject to daily inspections before work commences. f) During the work, the storage of any chemicals to be contained in such a way that they cannot be accessed or knocked over by any roaming badgers. g) Open pipework with a diameter of more than 120mm to be properly covered at the end of the working day to prevent badgers entering and becoming trapped. h) Litter and potentially dangerous materials on site to be cleared at the end of the working day. i) Care to be taken to ensure that there are no sharp metal objects or pointed protrusions on the ground which could seriously injure a badger due to their poor eyesight. j) Adherence to these measures to be confirmed to planners at regular intervals by the project ecologist. End of conditions [name] [name], Ward-Booth Partnership B Pyecroft Senior Director, Emery Planning F Hickling Director, Phillips Planning Services Ltd FOR THE LOCAL PLANNING AUTHORITY D Cook Senior Planning Officer, Brentwood Borough Council J Sargeant [name], Brentwood Borough Council B Harris Senior Policy Planner, Brentwood Borough Council J Quilter [name], Brentwood Borough Council SUBMISSIONS AT [name] FROM THE LOCAL PLANNING AUTHORITY Biodiversity Assessment dated 06/05/2025 v2 by [name] schedule of conditions agreed with the appellant