Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Site Visit made on 19 July 2021 by Andrew Smith BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 9th August 2021 Appeal Ref: APP/K0235/W/20/3265471 Land to the rear of The Bull Public House, 259 London Road, Bedford MK42 0PX • 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 Joseph Gerrard on behalf of Bull Bedford Ltd against the decision of Bedford Borough Council. • The application Ref 19/01414/FUL, dated 27 June 2019, was refused by notice dated 20 October 2020. • The development proposed is 7no. 2-bedroom dwellings with associated parking and landscaping and demolition of outbuildings. Decision 1. The appeal is dismissed. Applications for costs 2. An application for costs was made by Mr Joseph Gerrard on behalf of Bull Bedford Ltd against Bedford Borough Council. That application is the subject of a separate Decision. Preliminary Matter 3. A revised version of the National Planning Policy Framework (the Framework) was published on 20 July 2021. The main parties to this appeal have had the opportunity to comment upon any relevance of this to the outcome of the appeal.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Main Issues 4. The main issues are: • Whether or not sufficient information has been provided to demonstrate that acceptable living conditions would be provided for future occupiers of the proposed development, having particular regard to noise; • Whether or not acceptable arrangements for the collection of waste and recyclables from the site are proposed; and • Whether or not the proposed development makes an adequate contribution towards the provision of off-site outdoor sports space and play areas. https://www.gov.uk/planning-inspectorate

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Main Issues 4. The main issues are: • Whether or not sufficient information has been provided to demonstrate that acceptable living conditions would be provided for future occupiers of the proposed development, having particular regard to noise; • Whether or not acceptable arrangements for the collection of waste and recyclables from the site are proposed; and • Whether or not the proposed development makes an adequate contribution towards the provision of off-site outdoor sports space and play areas. https://www.gov.uk/planning-inspectorate

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/20/3265471 Reasons Living conditions – noise 5. The appeal site is located to the rear of an existing public house and, for the most part, comprises a substantial portion of its car park. Following the recent redevelopment of neighbouring grounds to the rear, the site is often bordered by residential development. Nevertheless, the existing public house is to be retained and would operate adjacent to the site. 6. The scheme is supported by a Noise Report1, which sets out the methodology and results of noise monitoring work undertaken across a long weekend in February 2020. The Noise Report acknowledges the presence of various noise sources, including road traffic, local oat milling activities and the existing pub, and its assessments indicate that acceptable internal noise levels could be achieved through the installation of suitably specified glazing and ventilation systems. It is also suggested, via the Noise Report, that suitable external noise levels to external amenity areas should comfortably be achieved due to the intended layout of the buildings and the existence/provision of fencing. 7.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision The Noise Report was carried out during winter months when the potential for the pub’s external garden space to be actively used would, realistically, have been limited when compared to warmer summer months. Whilst I have no reason to consider that existing plant noise was not captured via the monitoring work undertaken, I accept the potential for the Noise Report not to fully factor in noise likely to be generated by patrons of the public house. However, the beer garden that exists is already limited in extent and would reduce further in size due to the proposal now before me. Indeed, as to be reconfigured, it would not be an external space capable of accommodating any large gathering of pub customers. Furthermore, separate licensing restrictions would realistically apply, and the pub already operates, whilst offering the possibility of amplified music, in the context of residential surroundings. 8.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Having considered the full contents of the Noise Report, and when also factoring in the potential for acoustic fencing of up to 2.5m in height to be installed in a relatively discreet fashion to the site’s eastern boundary, I am suitably content that a robust scheme of noise mitigation could be formulated on the basis of the layout and elevation designs put forward. Indeed, such a mitigation scheme, which would be required to primarily focus upon the internal noise levels to be achieved for future occupiers, could, to my mind, be secured via a suitably reasonable and precise planning condition should the appeal be successful. 9. For the above reasons, sufficient information has been provided to demonstrate that acceptable living conditions would be provided for future occupiers of the proposed development having particular regard to noise. The proposal accords with Policy 32 of the Bedford Borough Local Plan 2030 (adopted January 2020) and with the Framework in so far as these policies set out that particular attention should be given to noise and that decisions should aim to achieve healthy, inclusive and safe places.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision 1 Environmental Noise Survey and Acoustic Design Statement Report (20 May 2020) https://www.gov.uk/planning-inspectorate 2

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision 1 Environmental Noise Survey and Acoustic Design Statement Report (20 May 2020) https://www.gov.uk/planning-inspectorate 2

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/20/3265471 Waste and recyclables 10. The Council has adopted technical guidance entitled Waste and Recycling in New Developments (March 2021) (the Guidance) that sets out that Council collection vehicles and crews will not under any circumstances enter a private road or driveway that is not adopted by Bedford Borough Council, which is consistent with the observations of the Council’s Recycling Officer. 11. The proposal does not include any intention to pursue the adoption of the private route to the appeal site. Thus, the evidence before me strongly indicates that the Council’s refuse trucks would be unable to access (or reverse into) the site off London Road. Indeed, it has not been clearly demonstrated otherwise. On this basis, a potential collection point sited adjacent to the development’s new gates (as referenced as a possibility in the appellant’s evidence) would not be workable solution. 12. Nevertheless, the appellant has indicated that it is his intention that a private contractor collects waste and recyclables from the development. However, reflective of the importance of this role, a statutory duty to collect waste and recycling from domestic households applies to the Council.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Indeed, it would be unusual for alternative private arrangements to be put in place for the collection of domestic waste/recyclables and a degree of caution should rightfully be applied when considering the merits of such an approach. This is particularly when noting that the role would take effect in perpetuity and that the same statutory duty that would apply to the Council would not apply to any private contractor. 13. Whilst reference has been made to private waste collection having been accepted elsewhere in the Borough, I have not been made aware of the particular site circumstances/constraints to hand in each such case. Indeed, I have not been provided with supporting evidence to clearly demonstrate that the use of a private contractor is fully justified at this site. 14. Each of the seven properties would be located a distance more than 25m from the highway and the Guidance states that, in accordance with the Building Regulations, residents must not be required to pull their bins a distance further than 25 metres to the highway.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision However, the Building Regulations sit distinct and separate to any planning requirement and the Guidance indicates that a collection point remote from the property it serves can materialise in exceptional circumstances. 15. The site, as experienced on the ground, does not appear as remote or noticeably detached from the public highway. Indeed, a direct line of sight exists between London Road and the southernmost portion of the site and the setback distance is not excessive. Furthermore, notwithstanding the adjacent presence of pub parking, the route from each dwelling to the highway would be well-served by footway. Thus, even when acknowledging the Council’s normal 25m standard, a collection point adjacent to the highway would, to my mind, be reasonably anticipated to function satisfactorily and to offer limited potential for bins to be left adjacent to the highway for extended periods. 16. Nevertheless, it is unclear whether a collection point adjacent to the highway would be acceptable to the appellant and/or feasible to implement.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Moreover, whilst various lands adjacent to the highway fall under the appellant’s control, it has not been demonstrated that a collection point capable of holding the https://www.gov.uk/planning-inspectorate 3

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Moreover, whilst various lands adjacent to the highway fall under the appellant’s control, it has not been demonstrated that a collection point capable of holding the https://www.gov.uk/planning-inspectorate 3

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/20/3265471 bins/receptacles associated to seven different dwellings could be appropriately accommodated without necessitating changes to the intended layout/parking arrangements. Moreover, the placement and specification of the collection point would need to respect the safety of users of the highway/pub car park and the visual amenities of the area. Thus, in this instance, I do not consider that a suitably precise planning condition could be imposed (in the event the appeal be successful) to attain the provision of a designated collection point adjacent to the highway. 17. For the above reasons, unacceptable arrangements for the collection of waste and recyclables from the site are proposed. The scheme would thus cause harm and conflicts with Policies 29 and 31 of the Local Plan in so far as these policies state that all new development should integrate functional needs and that particular attention should be given to the suitability of access arrangements to and within the development for service and emergency vehicles. Off-site outdoor sports space and play areas 18.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Policy AD28 of the Allocations and Designations Local Plan (July 2013) (the ADLP) states that, where new housing development is of a type likely to create demand, the provision of open space and built facilities shall be required. The Council’s Open Space Supplementary Planning Document (September 2013) (the SPD) provides guidance on the application of Policy AD28. This clearly sets out that, where five or more dwellings are proposed, financial contributions in lieu of on-site provision shall be required towards outdoor sports space and equipped/natural play areas. 19. Whilst the appellant has sounded dissatisfaction at the manner in which the Council’s third reason for refusing planning permission was imposed, the scheme’s eligibility to make contributions towards outdoor sports space and play areas has not been challenged. Indeed, such contributions are necessary to make the development acceptable in planning terms, are directly related to the development and would be fairly and reasonably related in scale and kind (assuming they would be calculated in accordance with the SPD’s relevant calculator). 20. I note that a willingness to enter into an agreement to secure the contributions has been stated.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision However, a completed legal agreement is not before me. An appropriate mechanism to secure the aforementioned contributions has not therefore been demonstrated, and the failure to do so weighs heavily against the proposal. The scheme conflicts with the requirements of Policy AD28 of the ADLP and Policy 86S of the Local Plan in so far as these policies set out that new development will be required to provide, or contribute towards the provision of, measures to directly mitigate its impact on existing infrastructure. Planning Balance 21. In terms of the scheme’s benefits, seven additional residential units would be erected on under-utilised brownfield land in an urban location that is well served by facilities and services, and the Framework reaffirms the Government’s objectives of significantly boosting the supply of homes and making an effective use of land. Thus, whilst seven additional units of housing would not make a clear or noticeable difference to the Borough-wide housing https://www.gov.uk/planning-inspectorate 4

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/20/3265471 supply situation, the benefits associated with delivering housing in this particular location attract significant weight. 22. The scheme would also create jobs during the construction phase and would provide support to the local economy. Nevertheless, these benefits attract limited weight due to the relatively small scale of development under consideration. 23. The scheme’s benefits, when considered cumulatively, would be considerable. However, they would not outweigh the significant harms and associated policy conflicts that I have identified. The proposal conflicts with the development plan when read as a whole, and material considerations do not lead me to a decision otherwise. Conclusion 24. Whilst I have found that acceptable living conditions would be provided for future occupiers of the proposed development (having particular regard to noise), I have identified that the scheme would cause significant harm in the contexts of unacceptable arrangements for the collection of waste/recyclables and the failure to secure contributions necessary to make the development acceptable in planning terms. These harms are the overriding considerations in this case. 25.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Appeal Decision For the above reasons, the appeal is dismissed.

Land to the rear of the Bull Public House , 259 London Road, Bedford, MK42 0PX — Bedford Borough Council — Andrew Smith INSPECTOR https://www.gov.uk/planning-inspectorate 5