Appeal 6005805

The appeal is allowed and planning permission is granted for erection of 3 no. detached dwellings (amended scheme to that approved under 23/02778/ROC in respect of Plot 2 and 3) at [site address] , Hampshire [postcode] in accordance with the terms of the application, Ref 25/02711/FUL, subject to the conditions in the attached schedule.

The main issues are:  the effect of the proposed development on the character and appearance of the area, and  whether [name] (BNG) would be achieved.

The appeal site is a large and open parcel of land which is mostly grassed and access to the site is provided by [site address] , which is a narrow lane. The wider area mostly consists of open fields with some sporadic housing which generally sit within large plots and results in an open character and appearance. The Silchester Design Code Final [name] 2025 ([name]) identifies the appeal site as being located within the rural countryside which amongst other things, is described of consisting undeveloped landscape and individual farmsteads.

The proposed dwellings would each have their own access which would lead to a small driveway and front garden. The set back from the road would be modest, however the siting and building line of each dwelling would be slightly different which would create some variation when viewed from the road. The sites frontage is also well screened by existing vegetation and further enhancements could be secured by a suitably worded planning condition to soften the impact of the proposed development. This would maintain the open character and appearance of the area and would also be in keeping with the [name] which identifies that dwellings within the character area do not have a large setback and have boundary treatments directly fronting onto the road.

The dwellings proposed are modest through their overall size as well as plot size when compared to other dwellings within the wider area. However, I am mindful of the extant permission which would allow two dwellings to be constructed on the appeal site which would be larger and would occupy larger plots. The extant dwellings would have built form constructed closer to the road and would also have a simple, modern and symmetrical design.

The proposed dwellings, through their smaller size, varied building lines and generous gaps between each property would result in a spacious character and appearance which would not appear sub-urban. They would also have variations in design which would create interest within the street scene and be more in keeping with the varied and sporadic design of the dwellings within the wider area.

I have had regard to the previous appeal decision1, however, this related to a different proposal whereby the proposed dwellings have less space between them, were identical in appearance and would have a regular, linear pattern. This differs from the appeal before me and for the reasons outlined, I have found that it would not be harmful to the character and appearance of the area.

The Council suggest that the ground levels would be higher, however, they would be lower than the extant planning permission and in regard to the amount of hardstanding, this is a matter that could be controlled by a suitably worded landscaping condition.

I therefore conclude that the proposed development would not harm the character and appearance of the area. I find no conflict with Policies EM1 and EM10 of the Basingstoke and Deane Local Plan (2011 to 2029) [name] 2016 (LP), Policy SIL2 of the Silchester Neighbourhood Plan 2024-2040, Paragraph 135 of the National Planning Policy Framework (the Framework) and guidance contained within the Landscape, Biodiversity and Trees Supplementary Planning Document December 2018, the Design and Sustainability Supplementary Planning Document (July 2018) and the [name]. Amongst other things, these seek to ensure that proposals are sympathetic to the character and visual quality of the area concerned and positively contribute to local distinctiveness, the sense of place and the existing street scene. 1 APP/H1705/W/25/33608

Insufficient information was provided with the application in relation to post-development calculations and figures. However, additional reports have been submitted with the appeal which demonstrate that BNG can be achieved through off-site compensation.

Under the statutory framework for BNG, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the condition that the biodiversity gain objective is met (“the biodiversity gain condition”). This objective is for development to deliver at least a 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat.

I note the Council’s concern that BNG has not been secured as the off-site compensation has not been provided for, however, a legal agreement to secure this could be secured during the discharge of the biodiversity gain condition. As such, the absence of a legal agreement at this stage is not a sufficient reason to refuse the development and there is no reason why, if necessary, this could not be secured during the consideration of the biodiversity gain condition, and this would need to be satisfied before any development could take place.

I therefore conclude that under the statutory framework, the proposed development would provide BNG. I find no conflict with Policy EM4 of the LP and Paragraph 187 of the Framework which amongst other things, seek to ensure that development minimises impacts on and providing net gains for biodiversity.

The Council have found that the proposed development would not harm highway safety and while I have no reason to conclude otherwise, this is a neutral matter.

Condition 1 is the standard condition that relates to the commencement of development and condition 2 specifies the approved plans for the avoidance of doubt. Conditions 3 and 4 require details of surface water and foul drainage which are necessary in the interests of flood risk. Conditions 5 and 6 require details of access, visibility splays and tree protection which are necessary in the interests of highway safety and to protect the character and appearance of the area.

Condition 7 requires details of how the proposed dwellings would be constructed sustainably which is necessary in the interests of climate change. Condition 8 is to avoid risk from contaminants or gases when the site is developed which is necessary to protect the living conditions of neighbouring occupiers and provide adequate living conditions for future occupiers. Conditions 9 and 10 require details of materials and landscaping which are necessary to protect the character and appearance of the area.

Condition 11 requires details of which dwelling would be constructed to accessible and adaptable standards in order to provide adequate living conditions for future occupiers. Condition 12 is required to ensure that parking and turning facilities site operatives and construction vehicles as well as storage of materials which is necessary in the interests of highway safety.

Condition 13 is required to ensure that the remediation scheme required and approved under condition 8 is carried out in order to provide adequate living conditions for future occupiers. Condition 14 requires details of imported material in order to ensure it is free from contaminants which is necessary to provide adequate living conditions for future occupiers.

Conditions 15, 16 and 17 require that parking for vehicles and cycles are provided, refuse and recycling bins are provided and that the proposed access are constructed with a non-migratory surface which are necessary in the interests of highway safety and to provide adequate living conditions for future occupiers.

Condition 18 requires a statement as to how the proposed new homes shall meet a water efficiency standard of 110 litres which is necessary in in the interests of climate change. Condition 19 and 20 seek to ensure that construction works and deliveries are only carried out within set times which are necessary to protect the living conditions of neighbouring occupiers. Condition 21 requires details of external lighting which is necessary in the interests of ecology.

I have not imposed the biodiversity net gain condition suggested as biodiversity net gain is required under a statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021).

For the reasons given above 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 the following approved plans: Location Plan (drawing no. P1.01) Proposed Block Plan (drawing no. P1.02) [name] (drawing no. P1.03) Plot 1 – Plans and Elevations (drawing no. P1.04) Plot 2 – Plans and Elevations (drawing no. P1.05) Plot 3 – Plans and Elevations (drawing no. P1.06) Garages – Plans and Elevations (drawing no. P1.07)

No development shall commence on site (excluding site clearance or ground investigation works) until details of the design of a surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The design must satisfy the sustainable drainage systems hierarchy and be compliant with the National standards for sustainable drainage systems (2025). The development shall be carried out in accordance with the approved details.

No development shall commence on site (excluding site clearance or ground investigation works) until details of the proposed foul drainage have been submitted and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in complete accordance with the approved service layout.

No development shall commence on site (excluding site clearance or ground investigation works), until details of the site accesses for each property including visibility splays have been submitted and approved in writing by the Local Planning Authority. No structure, erection or planting exceeding 1.0m in height shall be placed within the visibility splays. The development shall be carried out in accordance with the approved details which shall be retained thereafter in such condition in perpetuity.

No development including site preparation, temporary access construction/widening, material storage or construction works shall commence until a scheme for tree protection, prepared in accordance with BS:5837 “Trees in Relation to Design, Demolition and Construction” has been submitted to and approved in writing by the Local Planning Authority. The approved tree protection shall be erected prior to any site activity commencing and maintained until completion of the development. No development or other operations shall take place other than in complete accordance with the Tree Protection Plan.

No development shall commence on site (excluding site clearance or ground investigation works) until details of how the development will be of a high quality of sustainable design. This will include reference to how the design and construction of the development will involve the efficient use of natural resources through reducing resource requirements in terms of energy demands and water use; the consideration of opportunities for renewable and low carbon energy technologies; the use of passive solar design to maximise the use of the sun's energy for heating and facilitate sustainable cooling of buildings; and the mitigation of flooding, pollution and overheating. The development shall be carried out in accordance with the approved details.

No development including site clearance and site preparation pursuant to this permission shall commence until there has been submitted to and approved in writing by the Local Planning Authority a detailed scheme for remedial works and measures to be undertaken to avoid risk from contaminants/or gases when the site is developed. The scheme must include a timetable of works and site management procedures and the nomination of a competent person to oversee the implementation of the works. The scheme must ensure that the site will not qualify as contaminated land under [name] of the Environmental Protection Act 1990 and if necessary, proposals for future maintenance and monitoring. The development shall be carried out in accordance with the approved details.

No development shall commence above slab level until details of the types and colours of external materials to be used for each property have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and thereafter maintained in accordance with the details so approved.

No development shall take place above slab level until landscaping details have been submitted to and approved in writing by the Local Planning Authority. The landscaping details shall provide as a minimum: • Hard landscape details shall include the design, type, position and scale of boundary treatments, boundary treatment materials (including finishes) and hardsurfacing materials including any access gates to be installed. • Soft landscape details shall include full planting plans, specification (including cultivation and other operations associated with plant and grass establishment), schedules of plants, noting species, planting sizes and proposed numbers /densities where appropriate. The landscaping scheme shall where reasonably practicable retain and enhance the existing boundary hedgerows. • Details of soft boundaries to be formed along the site frontage, between plots forward of the dwellings, the north boundary of Plot 1 and the south boundary of Plot 3 and soft planting across all plots. • Tree planting and replacement planting schedule to include the details of the tree genus and species with use of native species where appropriate, as well as tree sizes and pit rooting details following advice contained within BS:8545: 2014 Trees: From nursery to independence in the landscape - Recommendations; • The specification of tree planting pits together with a method statement for their construction and details of any irrigation or drainage infrastructure, tree root barriers (if necessary) to prevent damage or disruption to any proposed hard surfacing or underground services, drains or other infrastructure (including details of the location of external lighting) sufficient to demonstrate how the development is to be serviced without conflict to tree planting, with allowance for reasonable growth. Where applicable, tree pits shall utilise shared trenches and soil cells to allow adequate rooting area to extend underneath the proposed hard surfacing. • An implementation programme. • A Landscape Management Plan setting out management responsibilities and maintenance schedules for all landscaped areas outside of residential curtilages to address all operations to be carried out in order to allow successful establishment of planting and the long-term maintenance of the landscaping in perpetuity, and including provisions for review at least every five years). The development shall be carried out and thereafter maintained in accordance with the details so approved. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced in the next planting season with others of species, size and number as originally approved, to be agreed in writing by the Local Planning Authority.

No development shall commence above slab level until details have been submitted to and approved in writing by the Local Planning Authority identifying which dwelling will be constructed to accessible and adaptable standards to meet the requirements of Building Regulations Approved Document M4(2). The development shall thereafter be carried out in full accordance with the approved details, and the identified dwelling(s) shall be retained as such for the lifetime of the development.

The developer, within one week of the commencement of development, shall ensure that there is provision made for the parking and turning on site of operatives' and construction vehicles, together with storage on site of construction materials. The provision shall be retained and used for the intended purpose for the duration of the construction period and that area shall not be used for any other purposes other than for the parking and turning of vehicles and storage of construction materials respectively.

The development hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority verification by a competent person that any remediation scheme required and approved under the provisions of condition 8 has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). Unless otherwise agreed in writing by the Local Planning Authority such verification shall comprise; - as built drawings of the implemented scheme; - photographs of the remediation works in progress; - Certificates demonstrating that imported and/or material left in situ is free of contamination. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 8, unless otherwise agreed in writing by the Local Planning Authority.

The dwellings hereby permitted shall not be occupied/brought into use until there has been submitted to the Local Planning Authority certificates demonstrating that a) sufficient sampling of imported material has taken place and b) the imported material is free from unacceptable levels of contamination. Sampling should take place in situ at a frequency of 1 per 100m3.

Each property hereby permitted shall not be occupied until the respective property has provision within its curtilage for vehicle parking, garages and secure cycle parking facilities for 2 long and 1 short stay places. The vehicle parking, garages and cycle storage shall thereafter be retained and maintained for such purposes in perpetuity.

Each property hereby permitted shall not be occupied or the approved use commence, whichever is the sooner, until the respective property has provision within its curtilage for refuse and recycling storage (prior to disposal). The surface materials from the carriageway to the waste container collection point shall be smooth and shall not hinder the movement of waste containers to the collection vehicle and shall make space to provide 1 number 240ltr refuse Wheelie bin, 1 number 240ltr recycling Wheelie bin and 1 number glass recycling box including a 5ltr internal caddy and 23ltr external caddy for food waste. The areas of land so provided shall not be used for any purposes other than the storage (prior to disposal) or the collection of refuse and recycling and shall be thereafter retained and maintained as such.

Prior to the first occupation, the site accesses for each individual property shall be constructed with a non-migratory surface material for a minimum distance of 6m measured from the nearside edge of the carriageway on the adjacent highway and will be maintained in that condition thereafter.

The development of each phase shall not be occupied until a [name] detailing how the new homes shall meet a water efficiency standard of 110 litres or less per person per day has been submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing with the Local Planning Authority through a demonstration that this requirement for sustainable water use cannot be achieved on technical or viability grounds. The development shall be carried out and retained in perpetuity in accordance with the approved details.

No work relating to the construction of the development hereby approved, including works of demolition or preparation prior to operations, shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.

No deliveries of construction materials or plant and machinery and no removal of any spoil from the site shall take place before the hours of 0730 nor after 1800 Monday to Friday, before the hours of 0800 nor after 1300 Saturdays nor on Sundays or recognised public holidays.

No external lighting shall be installed on site until a bat sensitive lighting plan is submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall thereafter be maintained as such in perpetuity.