18C Crown Avenue, Pitsea, BASILDON, SS13 2BE

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Site visit made on 6 July 2021 by C Osgathorp BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 19 July 2021 Appeal Ref: APP/V1505/W/20/3263158 18C Crown Avenue, Pitsea SS13 2BE • 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 Mr Howard Newport against the decision of Basildon Borough Council. • The application Ref 20/00557/FULL, dated 20 May 2020, was refused by notice dated 22 June 2020. • The development proposed is described as ‘new top floor flat within roof space of existing block of flats. 1No. 2 bedroom 3 person flat. Dormers installed front and rear. Car parking/cycle parking/refuse allowances provided’. Decision 1. The appeal is dismissed. Preliminary Matters 2. On 19 January 2021, the Government published the latest Housing Delivery Test (HDT) and both main parties have been given the opportunity to provide comments. No responses were received. 3. The appellant submitted a Bat Scoping Survey with the appeal. This is technical evidence that does not materially change the proposal. It can be accepted without prejudicing the interests of any parties.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision The Council were provided the opportunity to comment on the Bat Scoping Survey and I have had regard to their response. Main Issues 4. The main issues are the effect of the proposed development on (i) the character and appearance of the area, and (2) ecology. Reasons Character and appearance 5. The area predominantly consists of 2 storey dwellings that are designed with shallow pitched roofs. The appeal property is a 2 storey block of flats, which is set back from Crown Avenue and accessed from a driveway that runs between Nos. 17 and 19 Crown Avenue. The building is of simple design, featuring a hipped roof and a central 2 storey gable. https://www.gov.uk/planning-inspectorate

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision The Council were provided the opportunity to comment on the Bat Scoping Survey and I have had regard to their response. Main Issues 4. The main issues are the effect of the proposed development on (i) the character and appearance of the area, and (2) ecology. Reasons Character and appearance 5. The area predominantly consists of 2 storey dwellings that are designed with shallow pitched roofs. The appeal property is a 2 storey block of flats, which is set back from Crown Avenue and accessed from a driveway that runs between Nos. 17 and 19 Crown Avenue. The building is of simple design, featuring a hipped roof and a central 2 storey gable. https://www.gov.uk/planning-inspectorate

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/20/3263158 6. The appeal scheme proposes the installation of 2no pitched dormer windows in the front roof slope and a triple-gable dormer in the rear roof slope, which would facilitate a 2-bedroom flat at second floor. 7. The proposed front dormers would cumulatively result in a bulky and cramped appearance on the front elevation due to their significant width and lack of set down from the ridge of the main roof. The dormers would not be proportionate to the scale of the roof, and they would be positioned awkwardly close to the existing 2 storey central gable feature. Whilst the existing building is set back from Crown Avenue, the proposed front dormers would nevertheless be visible in the street scene, for which second floor front dormers are not an established characteristic. I acknowledge that the appeal property is of a somewhat different scale and form to the other buildings in the street scene, including a hipped roof of greater height and volume, however this would not justify the discordant appearance of the proposal. The siting and excessive size of the proposed front dormers would therefore detract from the character and appearance of the host building and the street scene. 8.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision The proposed rear dormer would be of considerable width with a triple gable form and would also cover nearly the full height of the roof. It would appear very bulky and dominant on the rear roof slope and would not respect the scale and proportions of the roof, which would harm the character and appearance of the building. I acknowledge that there is an area of woodland to the rear of the appeal property and so views from the public realm would be quite limited. However, the lack of visibility from main roads does not obviate the need to achieve good design. 9. For the above reasons, I conclude that the proposed development would be harmful to the character and appearance of the area. The proposal would therefore be contrary to Policy BAS BE12 of the Basildon District Local Plan Saved Policies 2007 (the Local Plan) and guidance contained in DC1, DC32 and DC34 of the Basildon Development Control Guidelines (Alterations approved 19 March 1997), which, amongst other things, state that planning permission for new residential development, and for the alteration and extension of existing dwellings, will be refused if it causes harm to the character of the surrounding area, including the street scene.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision The proposal would also be contrary to Chapter 12 of the National Planning Policy Framework (the Framework), which, amongst other matters, seeks the creation of high quality buildings, and to ensure that developments are visually attractive as a result of good architecture and are sympathetic to local character. Ecology 10. The appeal building is located close to an area of woodland to the east, which could offer a suitable habitat for foraging and commuting by bats. Bats are protected under the Conservation of Habitats and Species Regulations 2017 as amended (the Habitat Regulations). Circular 06/2005 states that the presence of protected species is a material consideration when a development proposal is being considered which would be likely to result in harm to the species or its habitat. It goes on to say that it ‘…is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision’ (paragraph 99). Further, Circular 06/2005 advises that https://www.gov.uk/planning-inspectorate 2

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/20/3263158 the need to ensure that ecological surveys are carried out should only be left to conditions in exceptional circumstances. This is reinforced in advice within the Planning Practice Guidance (the PPG). 11. No ecological information was included in the planning application, however the appellant submitted a Bat Scoping Survey1 with the appeal. This states that the main building and shed were assessed as having negligible bat roosting potential and so no further surveys or mitigation are required. Nevertheless, the Bat Scoping Survey notes that due to the habitats present within the site and the local landscape, it is likely that foraging or commuting bats use the site to a certain extent. 12. The report states that to avoid a detrimental impact on bats using the site, there should be no increased light spillage on to suitable habitats, particularly on to the rear of the site adjacent to the woodland habitat, where bats are most likely to forage and commute. As such, it recommends that measures should be implemented within a lighting scheme.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Furthermore, the Bat Scoping Report sets out recommended opportunities for biodiversity enhancement in accordance with the Framework – consisting of the inclusion of bat boxes. I am satisfied that conditions to require specific details and implementation of a lighting scheme, and final details of biodiversity enhancement measures would protect and enhance ecology at the site. 13. I therefore conclude that through appropriate conditions the proposed development would protect and enhance ecology. The Council’s decision notice does not cite development plan policy, nevertheless the proposal would accord with Chapter 15 of the Framework and the advice contained in Circular 06/2005 and the PPG, which, along with other things, seek to protect and enhance biodiversity. Other Matters 14. The Council states that the proposed development would be located within the 5 kilometres Zone of Influence of the Benfleet and Southend Marshes Special Protection Area and Ramsar (the SPA). The SPA is a designated habitat site which is subject to statutory protection under the Habitat Regulations.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Had the proposal been acceptable in planning terms, it would have been necessary for me to have undertaken an Appropriate Assessment (AA) as the competent authority. However, regulation 63(1) of the Habitat Regulations indicates that the requirement for an AA is only necessary where the competent authority is minded to give consent for the proposal. As I am dismissing the appeal for other reasons, it has not been necessary for me to consider this matter further. Planning Balance and Conclusion 15. The Housing Delivery Test results published 19 January 2021 show that the Council has a measurement of just 45% of homes delivered against its requirement over the previous 3 years. Therefore, the most important policies for determining the appeal are out-of-date in accordance with footnote 7 of the Framework. In these circumstances, paragraph 11(d) (ii) of the Framework is engaged. 16. Paragraph 59 of the Framework sets out an objective to significantly boost the supply of homes. The proposal would result in the provision of one additional 1 Prepared by Tim Moya Associates Ref. 200755-ED-01 dated August 2020. https://www.gov.uk/planning-inspectorate 3

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/20/3263158 dwelling on previously developed land, which would make a small contribution towards addressing the significant shortfall in housing land supply. Small sized sites can make an important contribution to meeting the housing requirement of an area and are often built-out relatively quickly, as indicated in paragraph 68 of the Framework. The proposal would bring temporary economic benefit from the construction process, and the long-term economic benefit from the boost to local services from the new residents. These factors weigh in favour of the proposal, but the benefits would be limited because of the small amount of development. As such, I give these considerations only limited weight in my decision. 17. I have found that the proposed development would be harmful to the character and appearance of the area. Given the importance that the Framework places on the creation of high-quality buildings and developments that are visually attractive and sympathetic to local character, this is a matter that weighs significantly against the proposal. 18.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — Appeal Decision Even if I had found that the proposal would avoid an adverse effect on the integrity of the SPA, and hence that there was not a clear reason for refusing the development proposed, I conclude that the identified adverse effects of the proposal would significantly and demonstrably outweigh the benefits outlined above, when assessed against the policies in the Framework taken as a whole. 19. The proposal would conflict with the development plan as a whole and there are no other considerations, including the provisions of the Framework, which outweigh this finding. Therefore, for the reasons given, the appeal is dismissed.

18C Crown Avenue, Pitsea, BASILDON, SS13 2BE — Basildon District Council — C Osgathorp INSPECTOR https://www.gov.uk/planning-inspectorate 4