Appeal 6005765

The appeal is allowed and planning permission is granted for Provision of 9No. [name] with parking at [site address] in accordance with the application [name]/25/04930, without compliance with condition numbers 1, 2 and 15 previously imposed on planning permission [name]/25/01113 dated 22/07/2025 and subject to the conditions in the attached schedule.

There have been several addresses used to describe this site, I have used the one in the application form.

The main issue is whether the requirement to not occupy the holiday lodges during February meets the requirements of paragraph 57 of the National Planning Policy Framework 2024 (Framework).

Policy LP13 of Babergh and Mid Suffolk Joint Local Plan – Part 1 2023 (Local Plan) that allows tourist accommodation outside settlement boundaries states that ‘New tourism accommodation will be controlled by planning conditions which take account of the individual business models and/or locational ecological impacts’.

The key element of conflict between the two parties is the element of the condition that prevents the holiday lodges from being occupied during February. With the appellant seeking to remove this element to bring it in line with adjacent, previously approved lodges, though agrees a condition is necessary to control occupation of these holiday lodges.

The Council’s condition and its revised suggested condition could both be appropriate conditions to ensure that new tourist accommodation is controlled. It is noted that neither of the conditions necessarily ensure that the lodges are only used for short holiday periods, though do seek cut off points to prevent continuous use.

The suggested condition by the appellant maintains controls that the lodges are for holiday purposes and to ensures record are kept and provided to the Council to demonstrate the lodges are not being used as permanent homes. In this specific instance, I do not see the requirement to leave the lodges empty for a month in the year as necessary, specifically when the appellant has stated golf continues throughout the entire year and the conflict it would have with controls on nearby holiday lodges. Whilst the Council might have to take additional site visits to ensure compliance, this does not mean the suggested condition by the appellant is unenforceable.

The requested condition by the appellant meets the tests under paragraph 57 of the Framework and would meet the requirements of the Local Plan, by ensuring tourist accommodation is controlled whilst taking into account the requirements of the individual business.

Condition 1 will need to be amended, to ensure that development commences within 3 years of when the original permission was granted.

Condition 2 will need to be amended to tie it back to the original permission. In addition, no phasing plan has been specifically mentioned so this element of the condition will be removed.

Condition 15 will be amended to reflect the requested wording of the appellant.

From the evidence presented to me I don’t see that any of the conditions have been discharged. On this basis, I will be adding all the other conditions back on as they appeared on the original decision notice.

For the reasons given above I conclude that the appeal should succeed. I will grant a new planning permission without the disputed conditions, though substituting it with the revised wording and restating those undisputed conditions that are still subsisting and capable of taking effect.

[name]: [name] development hereby permitted shall be begun not later than the expiration of three years from the 22 July 2025.

[name] & [name] development hereby permitted shall be carried out in accordance with drawing numbers in Schedule A as detailed on planning permission [name]/25/01113 dated 22/07/2025.

[name]: [name] development/works shall be commenced above slab level until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction have been submitted to and approved, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development and fully applied prior to the first use/occupation.

[name]: [name] development above slab level shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a detailed scheme of hard, soft and boundary treatment landscaping works for the site, which shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained.

[name]: [name] changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out in full during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be approved, in writing, by the Local Planning Authority up to the first use or first occupation of the development. Any trees, hedges, shrubs or turf identified within the approved landscaping details (both proposed planting and existing) which die, are removed, seriously damaged or seriously diseased, within a period of 10 years of being planted or in the case of existing planting within a period of 5 years from the commencement of development, shall be replaced in the next planting season with others of similar size and species.

[name]: [name] use shall not commence until the area(s) within the site shown on [name]. NC24.861-P202 Rev.A for the purposes of manoeuvring and parking of vehicles have been provided and thereafter the area(s) shall be retained, maintained and used for no other purposes.

[name]: [name] to the commencement of works above slab level, details of the infrastructure to be provided for electric vehicle charging points shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.

[name]: [name] to the commencement of works above slab level, details of the areas to be provided for the secure, covered and lit cycle storage including electric assisted cycles shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.

[name]: [name]/[name] to the commencement of works above slab level, details of the areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.

[name]: [name] related to the construction (including site clearance) of the permitted development shall only operate between the hours of 08:00 and 18:00hrs Mondays to Fridays and between the hours of 09:00 and 13:00hrs on Saturday. There shall be no working and/or use operated on Sundays and [name]. There shall be no HGVs arriving at or departing the site outside of these approved hours.

[name]: [name] shall be no means of external illumination installed and/or operated on/at the except pursuant to the prior grant of a planning permission on an application made in that regard.

[name]: [name] mitigation measures and/or works shall be carried out in accordance with the details contained in the [name] (Arbtech, October

as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

[name]: [name] to any works above slab level, a [name] for protected, Priority and threatened species, prepared by a suitably qualified ecologist in line with the recommendations of the [name] (Arbtech, October 2024), shall be submitted to and approved in writing by the local planning authority. 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 of proposed enhancement measures by appropriate maps and plans (where relevant); d) persons responsible for implementing the enhancement measures; and e) details of initial aftercare and long-term maintenance (where relevant). The works shall be implemented in accordance with the approved details shall be retained in that manner thereafter.

[name]: HABITAT MANAGEMENT AND MONITORING PLAN (HMMP) A Habitat Management and Monitoring Plan (HMMP) for significant on-site enhancements, prepared in accordance with the approved Biodiversity Gain Plan, shall be submitted to, and approved in writing by the local authority, prior to commencement of development, including a) the roles and responsibilities of the people or organisation(s) delivering the HMMP; b) the planned habitat creation and enhancement works to create or improve habitat to achieve the on-site significant enhancements in accordance with the approved Biodiversity Gain Plan; c) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; d) the monitoring methodology in respect of the created or enhanced habitat to be submitted to the local planning authority; and e) details of the content of monitoring reports to be submitted to the LPA including details of adaptive management which will be undertaken to ensure the aims and objectives of the Biodiversity Gain Plan are achieved. Notice in writing shall be given to the Council when the: - initial enhancements, as set in the HMMP, have been implemented; and - habitat creation and enhancement works, as set out in the HMMP, have been completed after 30 years. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP. Unless otherwise agreed in writing, monitoring reports shall be submitted in years 1, 2, 5, 10, 15, 20, 25, and 30 to the Council, in accordance with the methodology specified in the approved HMMP.

ON GOING REQUIREMENT OF DEVELOPMENT – [name]/[name] unit/s hereby approved shall not be occupied other than for holiday purposes and shall not be used as residential dwelling/s, including any use within Class C3 of the Town and Country Planning ([name]) Order 1987 (as amended). Details of the name, permanent home address, vehicle registration shall be kept in a register a copy of which shall be made available to the Local Planning Authority for inspection at any time.

[name]: [name] to the commencement of works above slab level, details of the maintenance and management of surface water on the site, including any systems to dispose of the water, shall have been submitted to and approved, in writing, by the Local Planning Authority. The strategy shall thereafter be implemented prior to first use of the hereby approved lodges, and managed and maintained in accordance with the approved details thereafter. End of schedule