Case Reference: 3255350

Appeal Decision
Site visit made on 27 October 2020
by L Page BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 20th November 2020
Appeal Ref: APP/H1840/W/20/3255350
Land at Church Lane, Whittington WR5 2RQ
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by [APPELLANT] against the decision of Wychavon District Council.
• The application Ref 19/02767/FUL, dated 24 December 2019, was refused by notice
dated 9 March 2020.
• The development proposed is erection of 2 no. dwellings, improvement to access
existing & 1 new access.
Decision
1. The appeal is allowed and planning permission is granted for the erection of 2
no. dwellings, improvement to access existing & 1 new access on land at
Church Lane, Whittington WR5 2RQ in accordance with the terms of the
application, Ref 19/02767/FUL, dated 24 December 2019, and the plans
submitted with it, subject to conditions in the attached Schedule.
Main Issue
2. The main issue is whether the proposal is in an acceptable location with
regards the development strategy for the area.
Reasons
3. The National Planning Policy Framework (the Framework) sets out under
Paragraph 61 that the size, type and tenure of housing needed for different
groups in the community should be assessed and reflected in planning policies.
This includes those who wish to commission or build their own homes.
Footnote 26 sets out that Council’s should give enough suitable development
permissions to meet the identified demand for such house building, in
accordance with the requirements of the Self Build and Custom Housebuilding
Act 2015 (as amended).
4. To this end, the appellant has supplied empirical evidence showing that
demand derived from the total number of people on the register is outstripping
supply by around 50%. However, the Council has also supplied empirical
evidence showing that when considering the first and second base periods
more specifically, the picture becomes nuanced and that supply is closer to
demand. The Council has acknowledged that for the second base period, there
is still a significant undersupply. Consequently, and notwithstanding the
existence of a five year housing land supply more generally, the significant
undersupply of self-build housing in the second base period carries substantial
weight in favour of the proposal in helping to meet statutory requirements.
5. The self-build nature of the proposal has been appropriately secured by the
executed Unilateral Undertaking (UU) submitted by the appellant. I have
considered the UU against the three tests set out in the Framework and
Regulation 122(2) of the Community Infrastructure Levy Regulations 2010. It
is considered necessary to control the use of the land pursuant to delivering
self-build housing, which accords with policy objectives of the Framework by
securing more housing of this type to address demand. Consequently, it would
directly relate to the development; fairly and reasonably in scale and kind.
6. The South Worcestershire Development Plan 2016 (SWDP) is part of the
adopted development plan for the area. In accordance with the Policies Map
associated with the SWDP, it is clear that the site lies beyond defined
development boundaries. Accordingly, the site is located within the countryside
and Policy SWDP2 states that the development of dwellings in such locations
will be strictly controlled. Exceptions to these strict controls include dwellings
for rural workers, employment development in rural areas, affordable housing
rural exception sites, buildings for agriculture and forestry, replacement
dwellings, house extensions, replacement buildings and renewable energy
projects and development specifically permitted by other SWDP policies.
7. The SWDP does not treat self-build housing as an exception for the purposes of
controlling development in the countryside. The SWDP also designates the area
as a significant gap, which serves as a buffer or visual break between rural
settlements and adjacent urban areas. However, when viewed on the ground
and despite being an open field, the character and appearance of the site’s
immediate context belies the fact it is in the countryside. There is extensive
development within the immediate vicinity of the site and when walking its
perimeter during my visit it did not present itself as a countryside location; it
did not have an undeveloped rural character or appearance.
8. The wider area has clearly become developed to an extent whereby the role of
the significant gap has diminished considerably. This is in essence what has
been found within the South Worcestershire Development Plan Review
Preferred Options 2019, with the significant gap recommended for removal.
Even though the emerging development plan is at pre examination stage and
carries limited weight, it is clear that the situation on the ground is a material
consideration that overtakes and reduces the effectiveness of the significant
gap as an existing policy tool, limiting harm derived from conflict with it.
9. In light of this and considering the limited scale of the proposal and the
potential for sensitive landscaping measures to further reduce any effects on
the character and appearance of the area, any harm from conflict with policies
in the development plan would be limited. Paragraph 2 of the Framework
affirms that planning law requires that applications for planning permission be
determined in accordance with the development plan, unless material
considerations indicate otherwise.
10. Overall, the proposal would not be in an appropriate location, conflicting with
Policies SWDP1, SWDP2 and SWDP21 of the SWDP, as these policies seek to
protect the countryside and significant gaps from urbanising development.
However, I have identified an undersupply of self-build housing, and the policy
objectives under Paragraph 61 of Framework, as a material consideration
carrying substantial weight in favour of the proposal that outweighs the limited
harm from conflict with the development plan in this particular case.
Conditions
11. The Council suggested nine conditions and the appellant suggested
amendments, including to drawing references, access details, and additional
conditions in accordance with another appeal decision. I have considered these
against the Framework and Planning Practice Guidance. Some of the conditions
relating to access and archaeology were combined to avoid duplication and,
more generally, conditions were subject to minor amendments in the interests
of consistency, clarity and running order. The appellant referred to a condition
for biodiversity enhancement and net gain. To ensure there is a baseline for net
gain, a condition securing a construction environmental management plan is
also necessary in tandem. All conditions in the attached Schedule are
necessary to make the development acceptable in planning terms.
12. The standard conditions setting out the time limits, and securing compliance
with the approved plans, are necessary to provide certainty. A condition
controlling the implementation of the water management strategy are
necessary to ensure the development is appropriately drained upon occupation,
to avoid uncontrolled surface water runoff and effects on the water
environment therein. A condition requiring the access for each dwelling to be
completed prior to occupation, along with conditions for parking, turning and
visibility splays are necessary to ensure occupants can enter and exit the
development safely. A condition requiring further noise assessment, and
mitigation measures, is necessary because of the proximity to a major trunk
road and the potential effects of noise on living conditions that this could
generate. Conditions for cycle storage and electric vehicle charging are
necessary to promote alternative modes of sustainable transport.
13. The PPG is clear that pre-commencement conditions should only be used where
clearly justified, likely meaning requirements of the condition are fundamental
to the development permitted and it would otherwise be necessary to refuse
permission. It is necessary to secure construction and environmental
management plans, and other schemes of investigation, before development
commences to ensure that areas of sensitive archaeological or ecological
importance are appropriately managed and protected from harm during
construction, and that living conditions of neighbouring occupiers and highway
safety is also protected. It is necessary to secure biodiversity enhancement
measures before development commences to ensure opportunities for
enhancement come forward in a logical manner in tandem with construction.
14. In accordance with the procedural requirements set out in the Town and
Country Planning (Pre-commencement Conditions) Regulations 2018 (as
amended), pursuant to Paragraph 3 (b), the appellant has provided a
substantive response, confirming that they are happy with the pre-
commencement conditions and underpinning reasons provided by the Council
in the event they were attached under the appeal.
Conclusion
15. For the reasons given, the appeal is allowed, and planning permission is
granted subject to conditions in the attached Schedule.
Liam Page
INSPECTOR
Schedule of Conditions
1) The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
2) Unless where required or allowed by other conditions attached to this
permission, the development hereby approved shall be carried out in
accordance with the information provided on the application forms and the
following plans/drawings/documents –
a. JJ/2019-09/02 revision B
b. JJ/2019-09/03
c. JJ/2019-09/04
d. JJ/2019-09/05
e. JJ/2019-09/06
f. JJ/2019-09/07
g. 651-0102
h. MG1659_S1
i. 1979/1
j. B19096.101
3) The development hereby approved shall not commence until a Construction
Management Plan (CMP) has been submitted to and approved in writing by
the local planning authority. As a minimum this shall include: -
a. Measures to ensure that vehicles leaving the site do not deposit mud
or other detritus on the public highway;
b. Details of site operative parking areas, material storage areas and the
location of site operatives’ facilities (offices, toilets etc);
c. The hours that delivery vehicles will be permitted to arrive and depart,
and arrangements for unloading and manoeuvre
d. Details of any temporary construction accesses and their
reinstatement.
The CMP shall be implemented in accordance with the approved details
throughout the construction period.
4) The development hereby approved shall not commence until a Construction
Environmental Management Plan (CEMP) has been submitted to and
approved in writing by the local planning authority. As a minimum this shall
include:
a. Risk assessment of potentially damaging construction activities;
b. Identification of “biodiversity protection zones”;
c. Practical measures (both physical measures and sensitive working
practices) to avoid or reduce impacts during construction (may be
provided as a set of method statements and should include details of
appropriate protective fencing of retained trees’ root protection zone);
d. The location and timing of sensitive works to avoid harm to
biodiversity features;
e. The times during construction when specialist ecologists need to be
present;
f. Responsible persons and lines of communication;
g. The role and responsibilities on site of an ecological clerk of works
(ECoW) or similarly competent person;
h. Use of protective fences, exclusion barriers and warning signs.
The CEMP shall be implemented in accordance with the approved details
throughout the construction period.
5) The development hereby approved shall not commence until a Biodiversity
Enhancement Strategy (BES) has been submitted to and approved in
writing by the local planning authority. As a minimum this shall include:
a. Purpose and conservation objectives for the proposed works;
b. Review of site potential and constraints;
c. Detailed designs and working methods to achieve stated objectives
(including, where relevant, type and source of materials to be used);
d. Extent and location of proposed works shown on appropriate scale
maps and plans;
e. Timetable for implementation, demonstrating that works are aligned
with the proposed phasing of development;
f. Persons responsible for implementing the works;
g. Initial aftercare;
h. Details for disposal of any wastes arising from works.
The BES shall be implemented in accordance with the approved details and
all features retained thereafter. On completion of the ecological mitigation
and enhancement works, a statement of compliance shall be submitted to
the local planning authority by the Ecological Clerk of Works (or similarly
competent person) confirming that specified and consented measures have
been implemented.
6) The development hereby approved shall not commence until a programme
of archaeological work, including a Written Scheme of Investigation (WSI),
has been submitted to and approved in writing by the local planning
authority. The scheme shall include an assessment of significance and
research questions; and as a minimum:
a. The programme and methodology of site investigation and recording.
b. The programme for post investigation assessment.
c. Provision to be made for analysis of the site investigation and
recording.
d. Provision to be made for publication and dissemination of the analysis
and records of the site investigation.
e. Provision to be made for archive deposition of the analysis and records
of the site investigation.
f. Nomination of a competent person or persons/organisation to
undertake the works set out within the Written Scheme of
Investigation.
The WSI shall be implemented in accordance with the approved details
throughout the construction period.
7) The development hereby approved shall not be occupied until a noise
assessment has been undertaken in accordance with British Standards and
submitted to and approved in writing by the local planning authority. Any
noise mitigation measures identified by the noise assessment shall be
implemented in accordance with the approved details before the
development is occupied and retained thereafter.
8) The development hereby approved shall not be occupied until an area has
been provided for sheltered and secure parking of bicycles (insofar as it
relates to each dwelling) in accordance with council cycle parking standards
and details which shall be submitted to and approved in writing by the local
planning authority. The cycle parking shall be implemented in accordance
with the approved details and retained for the parking of bicycles
thereafter.
9) The development hereby approved shall not be occupied until an area has
been laid for the parking of cars (insofar as it relates to each dwelling) and
the charging of electric vehicles in accordance with council car parking
standards and details submitted to and approved in writing by the local
planning authority. The car parking shall be implemented in accordance
with the approved details and retained for the parking of cars thereafter.
10) The development hereby approved shall not be occupied until the visibility
splays shown on drawing JJ/2019-09/02 revision B (insofar as they relate
to each dwelling) have been provided. The splays shall at all times be
maintained free of level obstruction exceeding a height of 0.6m above
adjacent carriageway.
11) The development hereby approved shall not be occupied until the accesses
and turning areas shown on drawing JJ/2019-09/02 revision B (insofar as
they relate to each dwelling) have been implemented. These areas shall be
retained for their intended use thereafter.
12) The development hereby approved shall not be occupied until the details
set out in the submitted Water Management Statement have been
implemented. Such details as implemented shall be retained thereafter.
13) The development hereby approved shall not be occupied until a Landscape
and Ecological Management Plan (LEMP) has been submitted to and
approved in writing by the local planning authority. As a minimum this shall
include:
a. Description and evaluation of the features to be managed;
b. Ecological trends and constraints on site that might influence
management.
c. Aims and objectives of management;
d. Appropriate management options for achieving aims and objectives;
e. Prescriptions for management actions;
f. Preparation of a work schedule, including an annual work plan capable
of being rolled forward over a five-year period and longer term
thereafter;
g. Details of the body or organisation responsible for implementation of
the plan;
h. Ongoing monitoring and remedial measures.
The LEMP shall also set out how contingencies and/or remedial action will
be identified, agreed and implemented where the results of the monitoring
show that conservation aims and objectives of the LEMP are not being met,
so that the development still delivers the fully functioning biodiversity
objectives of the originally approved scheme. The LEMP shall be
implemented as approved.
End of Schedule