Land to the rear of Green Park Way, Chillington, TQ7 2HY

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — by Mrs H Nicholls FdA MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 1 September 2021

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Land to rear of Green Park Way, Green Park Way, Chillington TQ7 2HY • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval for details required by a condition of a planning permission. • The appeal is made by Acorn Property Group against the decision of South Hams District Council. • The application Ref 0265/20/ARM, dated 24 January 2020, sought approval of details pursuant to condition No 1 of a planning permission Ref 0771/16/OPA, granted on 7 March 2018. • The application was refused by notice dated 9 October 2020. • The development proposed is application for approval of reserved matters for development of 62 dwellings, landscaping and associated works following outline approval 0771/16/OPA (Resubmission of 3193/18/ARM). • The details for which approval is sought are: scale, layout, external appearance and landscaping.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Land to rear of Green Park Way, Green Park Way, Chillington TQ7 2HY • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval for details required by a condition of a planning permission. • The appeal is made by Acorn Property Group against the decision of South Hams District Council. • The application Ref 3193/18/ARM, dated 24 September 2018, sought approval of details pursuant to condition No 1 of a planning permission Ref 0771/16/OPA, granted on 7 March 2018. • The application was refused by notice dated 13 September 2019. • The development proposed is reserved matters application for the development of 63 no. dwellings (including market, affordable and retirement housing), landscaping and associated works following grant of Outline consent 0771/16/OPA. • The details for which approval is sought are: scale, layout, external appearance and landscaping.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, https://www.gov.uk/planning-inspectorate

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, https://www.gov.uk/planning-inspectorate Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 affordable and retirement housing), landscaping and associated works following grant of Outline consent 0771/16/OPA at Land to rear of Green Park Way, Green Park Way, Chillington, TQ7 2HY, in accordance with the terms of the application, Ref 3193/18/ARM, dated 13 September 2019, subject to the conditions in the attached schedule. Preliminary Matters 3. The National Planning Policy Framework (the Framework) was revised on 20 July 2021. Whilst many of the Framework’s policies that are most relevant to these appeals have not materially changed, I have sought the views of the parties and had regard to both the latest version of the Framework and their comments in reaching my decisions. Applications for costs 4. Applications for costs were made by Acorn Property Group against South Hams District Council. These applications are the subject of separate Decisions. Main Issues 5. The main issue, common to both appeals, is whether the proposal, by virtue of its layout, would provide adequate means of surface water drainage. Background 6.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Outline planning permission was granted on the site under reference number 0771/16/OPA on 7 March 2018 for a scheme of up to 65 dwellings. The scale, layout, external appearance and landscaping were matters reserved under condition 1. 7. A condition was also added to the outline planning permission (No 19) which required the detailed design of a permanent surface water drainage management system to be approved and installed, with reference to percolation tests, an approved groundwater monitoring programme and the principles of the Flood Risk Assessment (FRA) submitted with the outline application itself. A separate temporary surface water drainage system was also required by way of condition (No 20) for the construction phase. 8. Appeal A was submitted following the decision of the Council’s Development Management Committee to refuse permission despite the officer’s recommendation. The decision was issued on the 9 October 2020. Appeal B was an earlier scheme which had already been refused permission contrary to officer recommendation. Though Appeal B had already been lodged at the time that Appeal A was submitted, it had not been progressed or determined.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Consequently, the appeals have been linked and I have reached my decisions at the same time. Reasons 9. The site is entirely within flood zone 1 (at the lowest risk of flooding) and comprises three elevated fields extending to around 3 hectares currently used for pastoral purposes with a collection of small dilapidated stable buildings and sheds dotted around. The fields are at their highest point in the north and lowest in the south, with an approximate level change of around 16 metres. A spring issues in the vicinity of the hedgerow between the western and central fields and is collected by an outfall pipe that runs towards Green Park Way. https://www.gov.uk/planning-inspectorate 2

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Consequently, the appeals have been linked and I have reached my decisions at the same time. Reasons 9. The site is entirely within flood zone 1 (at the lowest risk of flooding) and comprises three elevated fields extending to around 3 hectares currently used for pastoral purposes with a collection of small dilapidated stable buildings and sheds dotted around. The fields are at their highest point in the north and lowest in the south, with an approximate level change of around 16 metres. A spring issues in the vicinity of the hedgerow between the western and central fields and is collected by an outfall pipe that runs towards Green Park Way. https://www.gov.uk/planning-inspectorate 2

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 Eventually this flows south into the open watercourse that flows east to west towards the Frogmore Creek and Kingsbridge Estuary. The watercourse and a swathe of land either side are within flood zone 3, with some overlapping areas within flood zone 2. 10. During heavy rainfall events, the generally unmanaged flows from the site have overtopped the existing limited drainage infrastructure and localised flooding has occurred. Other flooding events have also occurred in the village in the vicinity of the watercourse. 11. The geology of the site comprises a layer of clay directly beneath the surface to depths of around 1.5 metres. The lower layers of granular soils and bedrock comprise gravels and mudstone slate and were found through infiltration testing to facilitate favourable infiltration rates. 12. Both Appeal A and Appeal B sought to fulfil the requirements of the outline permission and associated Section 106 Obligation to provide a linearly laid out housing scheme of no more than 65 dwellings.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, The dwellings would follow the contours of the land, with 35% affordable housing; a single vehicular access from Green Park Way leading northwards into the site and then splitting east and west. A pedestrian link would also be provided onto Coleridge Lane, along with landscaping, protection of existing trees and hedgerows and parking. 13. Though Appeal B had been refused solely on grounds of an unacceptable surface water drainage scheme incorporating sustainable urban drainage system techniques (SuDS), the officer’s report details that the Appeal A scheme also included a range of revisions to improve the relationships between the existing and proposed dwellings, based on a revised SuDS drainage scheme. The revisions included different house types at plots 44 and 45; bin collection points within the revised highway layout; revised SuDS strategy with fewer individual soakaways and attenuation tanks; repositioning of the road and apartments; lowering of road levels to the east; increased distances between proposed dwellings from existing dwellings in the eastern portion of the site, along with some reduced building heights. 14.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Under Appeal A, the SuDS drainage scheme would include a gravity-fed sustainable drainage strategy encompassing a mixture of on-plot soakaways, permeable paving, a swale, an oversize pipe and two attenuation tanks to restrict runoff rates. A bund was also proposed to reroute exceedance flows back into the site during exceedance events, rather than allowing them to leave the site. A further commitment was also made by the appellant to upgrade defects along the existing highway drain within the village; I return to this aspect later in this decision. 15. From the evidence, it appears that the Lead Local Flood Authority (LLFA), initially objected to the scheme under Appeal A on the 14 February 2020. Following the submission of additional information, the objection was withdrawn on 15 April 2020 and conditions were suggested for inclusion in the officer’s report. Subsequently, a briefing note was prepared (June 2020) to address objections that had been received. South West Water did not have any objections to the scheme subject to compliance with the submitted Flood Risk Assessment & Drainage Strategy Plan.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, A similar chronology of events had already taken place in relation to the earlier Appeal B scheme, with the LLFA having confirmed its satisfaction with the proposals outlined, subject to conditions, prior to the Committee meeting. https://www.gov.uk/planning-inspectorate 3

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, A similar chronology of events had already taken place in relation to the earlier Appeal B scheme, with the LLFA having confirmed its satisfaction with the proposals outlined, subject to conditions, prior to the Committee meeting. https://www.gov.uk/planning-inspectorate 3 Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 16. The SuDS drainage scheme as part of Appeal B included large communal soakaways, some on-plot soakaways, a pumping station and the use of perforated risers as flow control devices. Whilst as a whole, the surface water drainage strategy under Appeal B was considered by the LLFA to be workable, some of its components would be more reliant on maintenance undertaken by a private management company. Appeal A would lessen the maintenance risks associated with these aspects and was considered a “vast improvement” in line with the local1 and national SuDS guidance. 17. The objection appended to the Council’s Statement for Appeal A claims that the SuDS system proposed would be worse than that originally proposed under Appeal B. One reason put forward for this assertion is that it would not solely rely on infiltration-only ‘soakaways’, as was an option presented within the outline stage FRA.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Whilst condition 19 of the outline permission requires approval of a scheme in accordance with the principles of the originally submitted FRA, it does not prescribe a specific plan or SuDS scheme that should be implemented, which, despite their differences, is why both schemes under Appeal A and B were supported by the LLFA and planning officer. 18. The scheme detailed as part of Appeal A comprises a range of features, including a swale and a bund which would be fixed within the layout. The swale itself ranks as a modestly more sustainable SuDS technique than those predominating the Appeal B SuDS scheme, but there would be some less sustainable, but nonetheless acceptable SuDS techniques, such as permeable paving systems and tanked storage (in the form of two attenuation tanks, rather than one as claimed in said objection). The suggestion that the Appeal A SuDS scheme is inferior to that proposed in Appeal B, despite the numerous deficiencies highlighted in respect of the same by the same correspondent, indicate the difficulties encountered in attempting to secure a satisfactory outcome for all involved. 19.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Considered overall, I am persuaded by the advice of the LLFA that the drainage scheme under Appeal A would be superior to that proposed under Appeal B in at least so far as it would not be as reliant on maintenance by a private management company. 20. However, the LLFA advice also indicated that the SuDS system under Appeal B was also workable, and support was offered for the scheme. Both schemes were designed with reference to the relevant climate change allowances2 and taking account of industry accepted rainfall datasets3. Consequently, whilst I inclined to promote the improved scheme under Appeal A, I have no cogent evidence to suggest that the alternative (under Appeal B) is deficient or incapable of complying with the relevant policies and guidance, given also that final details of both are required under Condition 19 of the original outline planning permission. 21.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, For the above reasons, both proposals under Appeal A and Appeal B would provide adequate surface water drainage infrastructure in accordance with Policy DEV35 of the Plymouth and South West Devon Joint Local Plan (JLP) (2019) which focusses on the management of flood risk and water pollution, to ensure development can proceed safely without increasing flood risk and 1 Sustainable Drainage Systems Guidance for Devon, 2017 2 Guidance on Flood Risk Assessments: Climate Change Allowances for Flood Risk Assessments in March 2020 3 FSR data as per Ciria SuDS Manual C753 https://www.gov.uk/planning-inspectorate 4

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, For the above reasons, both proposals under Appeal A and Appeal B would provide adequate surface water drainage infrastructure in accordance with Policy DEV35 of the Plymouth and South West Devon Joint Local Plan (JLP) (2019) which focusses on the management of flood risk and water pollution, to ensure development can proceed safely without increasing flood risk and 1 Sustainable Drainage Systems Guidance for Devon, 2017 2 Guidance on Flood Risk Assessments: Climate Change Allowances for Flood Risk Assessments in March 2020 3 FSR data as per Ciria SuDS Manual C753 https://www.gov.uk/planning-inspectorate 4

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 pollution elsewhere. For similar reasons, the proposal would also adhere with the Framework and guidance within the JLP SPD4, detailed in paragraph 9.82, which requires the submission of an FRA that should demonstrate that development will not be at risk from flooding or increase flood risk elsewhere. Other Matters 22. A specific matter of contention for the Council was whether Natural England accepted the proposal’s potential to affect water quality and related impacts on the Salcombe to Kingsbridge Estuary Site of Specific Scientific Interest (SSSI). From the evidence, it appears that the SuDS measures would be installed alongside mitigation measures within a Landscape and Ecology Management Plan (LEMP), Construction Management Plan, along with other measures within the S106 Planning Obligation and recommended conditions. Subject to this range of measures, it is not considered the proposals would result in any detriment to the biodiversity interests of the site, or wider area, including the SSSI. 23. I have reviewed the numerous objections to the schemes which cover a variety of topics, including from the residents association of Green Park Way.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, With regard to the principle of development, the outline permission secures this for a maximum of up to 65 dwellings. Consequently, concerns regarding the need for the houses, lack of employment opportunities, or the affordability of the proposed market homes are not capable of being taken into consideration. 24. In respect of overdevelopment, harm to the Area of Outstanding Natural Beauty designation and acceptability of design, I note the absence of refusal reasons in this regard. I find no reason to reach a different conclusion to the Council in respect of the acceptability of either appeal schemes in terms of their visual and landscape character effects or scheme-specific design. 25. In terms of the overdominance of properties in Green Park Way and other related unneighbourly effects such as overlooking, I have reviewed the officer’s recommendations in respect of both schemes and, having also reviewed the plans, I do not find a reason to conclude that the schemes would cause harm in these respects.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Whilst the scheme under Appeal A would be preferrable to some neighbouring occupiers due to the increased distances between existing and some proposed dwellings, Appeal B would still maintain acceptable distances and preserve the living conditions of neighbouring occupiers. 26. Though I accept that the proposal would result in an increase in traffic using the A379 and surrounding road network, I note from the evidence that the site was allocated for residential development and outline planning permission has already been granted. 27. Aspects such as disruption during working hours would be minimised by way of construction management plan condition. Similarly, contractor parking would also be managed under the same conditions. 28. I also note the concerns in relation to the absence of biodiversity mitigation, and sustainability measures. These aspects would be sought by way of conditions. 4 Plymouth and South West Devon Joint Local Plan Supplementary Planning Document (2020) https://www.gov.uk/planning-inspectorate 5

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 Conditions 29. I have considered the suggested conditions in the context of the Framework and Planning Practice Guidance (PPG). A number of suggested conditions are common to both appeals and many also link with details required under the outline permission. Where conditions only relate specifically to either one Appeal, I have sought to make this clear. 30. In addition to the standard time limit for implementation, conditions are required specifying the approved plans in the interests of certainty. 31. In the interests of the visual amenities and ecological value of the area, details of timing of the landscaping and ecological measures are required. For similar reasons of visual amenity, details of steps, balustrading and the substation are necessary. 32. In order to protect the living conditions of neighbouring occupiers, conditions are required to prevent the use of certain areas as balconies/terraces. Similarly, conditions removing permitted development rights for raised terraces are also required. 33.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, In the interests of certainty and visual amenities, details of hard surfacing materials, boundary treatments, walls, external levels and building materials are required by way of conditions. Specific conditions requiring natural slate covered roofs are required for similar reasons. Lastly, also for reasons of the visual appearance of the scheme and the effects on neighbouring occupiers, conditions are necessary to seek details of landscaping along the southern boundary. In order to comply with the tests for conditions in the Framework, this suggested condition has been amended from that provided to me. 34. To ensure that the scheme is permeable, conditions requiring details of the pedestrian link to Coleridge Lane are necessary. 35. To ensure to avoid water quality impacts on the SSSI, conditions are necessary in relation to both the construction and operational phases of the development. 36. Conditions are also necessary to secure the final details relating to the overflow routes and to preclude fencing or works within the area of the bund. These conditions are specific to Appeal A only. 37.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, In order to secure biodiversity net gain in accordance with JLP Policy DEV26, a condition requiring biodiversity enhancements is necessary. Conditions to address the requirements of the carbon reduction Policy, DEV32, are also required. Though some similar measures are required under the outline planning permission, the change in development plan since it was granted has resulted in a change in requirements. Whilst the suggested conditions include reference to the use of electric vehicle charging points, and this would seem an obvious measure in this regard, the Policy (DEV32) does not specifically stipulate this as a requirement for schemes of this nature. 38. In respect of the suggested condition to ensure that no development commences until the highway surface water drain in the village has been repaired, I do not consider that this is strictly necessary or related in scale or kind with the appeal proposals. Whilst I have no doubt that it would be advantageous for such works to be undertaken, I do not consider it reasonable to compel the appellant to undertake them prior to commencing works on the https://www.gov.uk/planning-inspectorate 6

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — application for the development of 63 no. dwellings (including market, Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 appeal site. Thus, these suggested conditions do not pass the tests of necessity outlined in the Framework or PPG. 39. With particular regard to Appeal B, there are three conditions relating to its own surface water drainage scheme that are necessary. The first is a condition requiring details of pile foundations to ensure compatibility with the soakaways proposed in close proximity thereof. The second condition requires specific details in relation to the overflow at the spring. And thirdly, a condition requiring a noise survey of the pumping station is necessary to ensure that the living conditions of neighbouring occupiers are not harmed. Conclusion 40. Both Appeals A and B comply with the development plan, when considered as a whole. There are no other considerations of sufficient materiality to indicate that the decisions should be made other than in accordance therewith. 41. Though it will only be possible for one scheme to proceed in accordance with the outline permission, associated S106 planning obligation and relevant schedule of conditions below, both Appeals A and B are allowed for the reasons set out above.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 APPEAL A - SCHEDULE OF CONDITIONS 1) The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 APPEAL A - SCHEDULE OF CONDITIONS 1) The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 2) The development hereby approved shall in all respects accord strictly with the following drawing numbers: Received 25.09.2020 • 2100 PO2 Section 38 Plan • 2101 P04 Highway Layout Sheet 1 • External Levels Plan 2401 P05 • Drainage Strategy Plan 2501 P08 • Flood Routing Plan 1101 P02 • Hard and Soft Landscape Plan Location Sheet PL001 • Hard and Soft Landscape Plan Sheet 1 PL002 • Hard and Soft Landscape Plan Sheet 2 PL003 • Hard and Soft Landscape Plan Sheet 3 PL004 • Planting Plan Location Sheet PL200 • Planting Plan Sheet 1 PL201 • Planting Plan Sheet 2 PL202 • Planting Plan Sheet 3 PL203 Received 24.09.2020 • A-P10-001 C Location Plan • A-P10-002 C Planning Layout • A-P10-003 C Materials Plan Received 21.09.2020 • A-P12-001 C Proposed Site Sections 1 of 2 • A-P12-003 Proposed Sections 3 of 3 Received 09.06.2020 • A-P12-002 A Proposed Site Sections 2 of 2 • A-P19-3B01 B Affordable Housetype Planning Drawings • A-P21-001 B Street Scenes with Materiality • A-P21-002 C 3D Visuals • A-P22-001 B Schedule of Accommodation • A-P22-002 B Parking Schedule Received 26.03.2020 • 2102 PO3 Highway Layout Sheet 2 • 2103 P03 Highway Layout Sheet 3 Received 07.02.2020 • A-P19-2B04 Housetype Planning Drawings • A-P19-3B02 Housetype

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Planning Drawings • A-P19-3B04 Housetype Planning Drawings • A-P19-3B06 Housetype Planning Drawings • A-P19-3B07 Housetype Planning Drawings • A-P19-3B08 Housetype Planning Drawings • A-P19-3B09 Housetype Planning Drawings • A-P19-3B10 Housetype Planning Drawings • A-P19-3B11 Housetype Planning Drawings • A-P19-3B12 Housetype Planning Drawings • A-P19-4B01 Housetype Planning Drawings https://www.gov.uk/planning-inspectorate 8

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Planning Drawings • A-P19-3B04 Housetype Planning Drawings • A-P19-3B06 Housetype Planning Drawings • A-P19-3B07 Housetype Planning Drawings • A-P19-3B08 Housetype Planning Drawings • A-P19-3B09 Housetype Planning Drawings • A-P19-3B10 Housetype Planning Drawings • A-P19-3B11 Housetype Planning Drawings • A-P19-3B12 Housetype Planning Drawings • A-P19-4B01 Housetype Planning Drawings https://www.gov.uk/planning-inspectorate 8

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 • A-P19-4B02 Housetype Planning Drawings • A-P19-4B03 Housetype Planning Drawings • A-P19-1B01 Affordable Housetype Planning Drawings • A-P19-2B01 Affordable Housetype Planning Drawings • A-P19-APTS Affordable Apartment Planning Drawings • A-P19-GAR Garage Planning Drawings • A-P19-STO Refuse/Recycling Planning Drawings • TC 190301 TPP Rev A 2 • TC 190301-TPP Rev A 1 • TC 190301 TIAP 2020 Received 17.01.2020 • 2201 P01 Highway Long Sections • 2301 P01 Highway Construction Details 3) Details of the timing/phasing for the implementation of the soft landscaping and its long term maintenance shall be included in the Landscape and Ecological Management Plan required by condition 5 of outline planning permission 0771/16/OPA to be submitted and approved in writing by the Local Planning Authority prior to the commencement of development. Development shall take place in accordance with the approved details.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 4) Prior to development continuing above slab level on any dwelling hereby approved that will not have a level threshold to a principal door fronting the highway, details of the door threshold including details of steps, ramps and any walls or balustrading shall have been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 5) Prior to its installation/construction details of the electricity sub-station including landscaping around it shall have previously been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 6) The roofs of any single storey elements/building projections shall not be used as external amenity or sitting out areas at any time. 7) Prior to their installation, details/samples and colours of materials to be used in external hard surfaces within the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The development shall take place in accordance with the approved details.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 8) Notwithstanding details included within the approved plans, prior to their installation, details of all boundary treatments and retaining walls or structures shall be submitted to and approved in writing by the Local Planning Authority. Details shall include measures for biodiversity enhancement such as the provision of hedgehog holes in fencing. Development shall take place in accordance with the approved details and shall be retained as such. 9) Prior to development continuing above slab level on any plot, details of external levels within the site as a whole, including levels of gardens and areas of public open space shall have previously been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. https://www.gov.uk/planning-inspectorate 9

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 10) Notwithstanding the provisions of the Town and Country Planning (England) General Permitted Development Order, 2015, (and any Order revoking and re-enacting that Order), unless previously agreed pursuant to condition 9 above, no raised decks or terraces above 300mm above existing ground levels (measured at any point) shall be provided or constructed within the gardens of any dwelling hereby approved without the express consent in writing of the Local Planning Authority. 11) Notwithstanding details included within the approved plans, within 3 months of the commencement of development, full details of planting proposals along the southern site boundary shall be submitted to the Local Planning Authority for approval. No dwelling shall be occupied until these landscaping details have been approved in writing by the Local Planning Authority and the planting and maintenance shall then take place in accordance with the approved details.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 12) Notwithstanding details included within the approved plans, prior to their installation, details and samples of all external building materials, including roofing materials, elevational treatments, door and window details and rainwater goods shall have previously been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 13) Roofs shall be clad in natural slates which shall be fixed in the traditional manner using nails and not hooks. 14) Prior to the continuation of development above slab level on any plot, full details of the pedestrian access onto Coleridge Lane shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Development shall take place in accordance with the approved details. 15) The Construction Management Plan to be agreed pursuant to condition 10 of planning permission 0771/16/OPA shall include details of measures to present contaminants from construction activities affecting the Kingsbridge to Salcombe Estuary SSSI with details of how these measures will be managed and maintained. Development shall take place in accordance with the approved details.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 16) The surface water drainage scheme to be agreed pursuant to condition 19 of planning permission 0771/16/OPA shall provide explicit clarification regarding how the operational phase run-off impacts have been development to prevent water quality impacts upon the Kingsbridge to Salcombe Estuary SSSI. Development shall take place in accordance with the approved details and shall be managed and maintained as such. 17) No part of the development hereby permitted shall be commenced until the detailed design of the overflow at the land drain/spring in the vicinity of the existing trough has been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 18) No fencing, planting or any structures shall occur in the bund between the site and the rear of the dwellings in Green Park Way. 19) Prior to development above slab level, a scheme of measures to secure biodiversity net gain shall be submitted to and approved in writing by the Local Planning Authority, to include a timetable for installation of all https://www.gov.uk/planning-inspectorate 10

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 features and the maintenance of. Works shall accord in agreement with the scheme, and retained/maintained thereafter. 20) Prior to development above slab level, a scheme detailing how the development will reduce carbon emissions in line with JLP Policy DEV32 shall be submitted to and approved in writing by the Local Planning Authority. All elements of the scheme shall be implemented and available for use prior to the occupation of the dwelling to which they relate, and retained and maintained thereafter. APPEAL B - SCHEDULE OF CONDITIONS 1) The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 2) The development hereby approved shall in all respects accord strictly with drawing numbers: • PL-01 Location Plan • PL-03 Rev H Planning Layout • PL-07-01 Rev D Proposed Underbuild Sheet 1 • PL-07-02 Rev F Proposed Underbuild Sheet 2 • PL-07-03 Rev F Proposed Underbuild Sheet 3 • PL-06 Rev C Proposed Finished Floor Levels Plan • HT-3B-02 House Type Planning Drawings • HT-3B-03 House Type Planning Drawings • HT-3B-04 House Type Planning Drawings • HT-3B-05 House Type Planning Drawings • HT-3B-06 House Type Planning Drawings • HT-3B-07 Rev A House Type Planning Drawings • HT-3B-08 Rev B House Type Planning Drawings • HT-04-01 House Type Planning Drawings • HT-04-02 House Type Planning Drawings • HT-04-03 House Type Planning Drawings • APT-01 Rev D Affordable Apartment 01 Planning Drawings • APT-02 Rev A Affordable Apartment 02 Planning Drawings • HT-1B-01+3b-01 Affordable Housetype Planning Drawings • HT-2B-01 Rev C Affordable Housetype Planning Drawings • HT-2B-02 Rev A Affordable Housetype Planning Drawings • HT-3B-01 Rev B Affordable Housetype Planning Drawings • GAR-01 Garage Planning Drawings • STORE-01 Refuse/Recycling and Cycle Store Drawings • SE-01 Rev E Section through 47 Green Park Way • SE-03 Rev B Section

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls through Plots 44-46 • SE-04 Rev C Section through APT-01 • SE-05 Rev B Design Iterations • SE-06 Rev B Site sections through Plots 48-51 • 28809_BRL-PL001 Rev J - Hard & Soft Landscape Location Plan • 28809_BRL-PL002 Rev J -Hard & Soft Landscape Plan, Sheet 1 • 28809_BRL-PL003 Rev J - Hard & Soft Landscape Plan, Sheet 2 • 28809_BRL-PL004 Rev J - Hard & Soft Landscape Plan, Sheet 3 • 28809_BRL-PL200 Rev J - Planting Location Plan https://www.gov.uk/planning-inspectorate 11

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls through Plots 44-46 • SE-04 Rev C Section through APT-01 • SE-05 Rev B Design Iterations • SE-06 Rev B Site sections through Plots 48-51 • 28809_BRL-PL001 Rev J - Hard & Soft Landscape Location Plan • 28809_BRL-PL002 Rev J -Hard & Soft Landscape Plan, Sheet 1 • 28809_BRL-PL003 Rev J - Hard & Soft Landscape Plan, Sheet 2 • 28809_BRL-PL004 Rev J - Hard & Soft Landscape Plan, Sheet 3 • 28809_BRL-PL200 Rev J - Planting Location Plan https://www.gov.uk/planning-inspectorate 11

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 • 28809_BRL-PL201 Rev J - Planting Plan, Sheet 1 • 28809_BRL-PL202 Rev J - Planting Plan, Sheet 2 • 28809_BRL-PL203 Rev J - Planting Plan, Sheet 3 • Drainage and Road Strategy Report Version C2 dated 27.02.2019 • Drainage Maintenance Plan Version C4 dated 28.08.19 • 18026/200 Rev J - Drainage Strategy Sheet 1 • 18026/201 Rev J - Drainage Strategy Sheet 2 • 18026/202 Rev E - Drainage Strategy Sheet 3 • 18026 Rev C2 – Drainage Maintenance Plan dated 12.08.2019 • Soakaway Calculations H1 Rev C • Letter Report on Soakaway testing by Integrale dated 9/09/19 • 18026/100 Rev D – Highway Layout Sheet 1 of 2 • 18026/101 Rev G – Highway Layout Sheet 2 of 2 • 18026/102 Rev D – Road Details • 18026/103 Rev B – Road Longitudinal Sections Sheet 1 of 2 • 18026/104 Rev B – Road Longitudinal Sections Sheet 1 of 2 • 18026/105 Rev B – Site Cross Sections Sheet 1 of 6 • 18026/106 Rev B – Site Cross Sections Sheet 2 of 6 • 18026/107 Rev B – Site Cross Sections Sheet 3 of 6 • 18026/108 Rev B – Site Cross Sections Sheet 4 of 6 • 18026/109 Rev B – Site Cross Sections Sheet 5 of 6 • 18026/110 Rev B – Site Cross Sections Sheet 6 of 6 3) Details of the timing/phasing for the

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls implementation of the soft landscaping and its long term maintenance shall be included in the Landscape and Ecological Management Plan required by condition 5 of outline planning permission 0771/16/OPA to be submitted and approved in writing by the Local Planning Authority prior to the commencement of development.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls implementation of the soft landscaping and its long term maintenance shall be included in the Landscape and Ecological Management Plan required by condition 5 of outline planning permission 0771/16/OPA to be submitted and approved in writing by the Local Planning Authority prior to the commencement of development.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Development shall take place in accordance with the approved details. 4) Prior to development continuing above slab level on any dwelling hereby approved that will not have a level threshold to a principal door fronting the highway, details of the door threshold including details of steps, ramps and any walls or balustrading shall have been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 5) Prior to its installation/construction, details of the electricity sub-station including landscaping around it shall have previously been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 6) The roofs of the single storey rear (south) building projections on plots 1, 2 and 3 shall not be used as external amenity or sitting out areas at any time. 7) Prior to their installation, details including samples and colours of materials to be used in external hard surfaces within the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 8) Notwithstanding details included within the approved plans, prior to their installation, details of all boundary treatments and retaining walls or structures shall be submitted to and approved in writing by the Local https://www.gov.uk/planning-inspectorate 12

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 8) Notwithstanding details included within the approved plans, prior to their installation, details of all boundary treatments and retaining walls or structures shall be submitted to and approved in writing by the Local https://www.gov.uk/planning-inspectorate 12

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 Planning Authority. Details shall include measures for biodiversity enhancement such as the provision of hedgehog holes in fencing. Development shall take place in accordance with the approved details and shall be retained as such. 9) Prior to development continuing above slab level on any plot, details of external levels within the site as a whole, including levels of gardens and areas of public open space shall have previously been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 10) Notwithstanding the provisions of the Town and Country Planning (England) General Permitted Development Order, 2015, (and any Order revoking and re-enacting that Order), unless previously agreed pursuant to condition 9 above, no raised decks or terraces above 300mm above existing ground levels (measured at any point) shall be provided or constructed within the gardens of any dwelling hereby approved without the express consent in writing of the Local Planning Authority.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 11) Notwithstanding details included within the approved plans, within 3 months of the commencement of development, full details of planting proposals along the southern site boundary shall be submitted to the Local Planning Authority for approval. No dwelling shall be occupied until these landscaping details have been approved in writing by the Local Planning Authority and the planting and maintenance shall then take place in accordance with the approved details. 12) Notwithstanding details included within the approved plans, prior to their installation, details and samples of all external building materials, including roofing materials, elevational treatments, door and window details and rainwater goods shall have previously been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 13) Roofs shall be clad in natural slates which shall be fixed in the traditional manner using nails and not hooks.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls 14) Prior to the continuation of development above slab level on any plot, full details of the pedestrian access onto Coleridge Lane shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The development shall take place in accordance with the approved details. 15) The Construction Management Plan to be agreed pursuant to condition 10 of planning permission 0771/16/OPA shall include details of measures to present contaminants from construction activities affecting the Kingsbridge to Salcombe Estuary SSSI with details of how these measures will be managed and maintained. The development shall take place in accordance with the approved details. 16) The surface water drainage scheme to be agreed pursuant to condition 19 of planning permission 0771/16/OPA shall provide explicit clarification regarding how the operational phase run-off impacts have been development to prevent water quality impacts upon the Kingsbridge to Salcombe Estuary SSSI. The development shall take place in accordance with the approved details and shall be managed and maintained as such. https://www.gov.uk/planning-inspectorate 13

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls Appeal Decisions APP/K1128/W/21/3272629 and APP/K1128/W/21/3247657 17) No part of the development hereby permitted shall be commenced until the detailed design of the piled foundations and piled retaining walls at locations of soakaway H2 and H3 have been undertaken by a competent structural engineer and submitted to and approved in writing by the Local Planning Authority. The development shall take place in accordance with the approved details. 18) No part of the development hereby permitted shall be commenced until the detailed design of the overflow at the land drain/spring in the vicinity of the existing trough has been submitted to and approved in writing by the Local Planning Authority. Development shall take place in accordance with the approved details. 19) Prior to its installation, a noise impact assessment of the drainage pump hereby approved shall be submitted to and approved in writing by the Local Planning Authority and, if identified as necessary, the means of how noise impact will be mitigated shall be submitted to and approved in writing by the Local Planning Authority.

Land to the rear of Green Park Way, Chillington, TQ7 2HY — South Hams District Council — Hollie Nicholls The development shall take place in accordance with the approved details and shall be retained and maintained as such for the lifetime of the pumping station. 20) Prior to development above slab level, a scheme of measures to secure biodiversity net gain shall be submitted to and approved in writing by the Local Planning Authority, to include a timetable for installation of all features and the maintenance of. Works shall accord in agreement with the scheme, and retained/maintained thereafter. 21) Prior to development above slab level, a scheme detailing how the development will reduce carbon emissions in line with JLP Policy DEV32 shall be submitted to and approved in writing by the Local Planning Authority. All elements of the scheme shall be implemented and available for use prior to the occupation of the dwelling to which they relate, and retained and maintained thereafter. https://www.gov.uk/planning-inspectorate 14