Case 3270748

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE

Central Bedfordshire — appeal allowed

Outcome
Allowed
Decision date
5 July 2021
Authority
Central Bedfordshire
Inspector
Smith A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Metrocapital Securities Ltd
Agent
DLA Town Planning Ltd
LPA reference
CB/20/04647/FULL
ONS LPA code
E06000056
Jurisdiction
Transferred
Link status
Not Linked
Start date
21 April 2021

Summary AI

The appeal for three dwellings at Land rear of 19 Dudley Street, Leighton Buzzard LU7 1SE, has been allowed. The Inspector has considered the main issues of open space provision and character and appearance. The proposal has been found to be acceptable, providing equivalent or better open space provision and not causing harm to the character and appearance of the area. Conditions have been imposed to ensure the scheme is implemented as approved.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Site Visit made on 21 June 2021 by Andrew Smith BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 5th July 2021 Appeal Ref: APP/P0240/W/21/3270748 Land rear of 19 Dudley Street, Leighton Buzzard LU7 1SE • 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 Metrocapital Securities Ltd against the decision of Central Bedfordshire Council. • The application Ref CB/20/04647/FULL, dated 17 December 2020, was refused by notice dated 12 February 2021. • The development proposed is erection of 3 dwellings with associated parking, access and amenity space; provision of access, demolition of existing garages and provision of car parking spaces, replacement open space provision and landscaping. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision The appeal is allowed and planning permission is granted for the erection of 3 dwellings with associated parking, access and amenity space, provision of access, demolition of existing garages and provision of car parking spaces, replacement open space provision and landscaping at Land rear of 19 Dudley Street, Leighton Buzzard LU7 1SE, in accordance with the terms of the application, CB/20/04647/FULL, dated 17 December 2020, subject to the conditions set out at the end of this decision. Preliminary Matters 2. The planning application that is now the subject of this appeal was originally refused for three separate reasons. However, the Council has confirmed that, following discussions involving its Pollution Officer, the third reason for refusal relating to noise from commercial uses is no longer applicable. I shall consider the appeal on this basis. 3. The Pre-Submission version of the emerging Central Bedfordshire Local Plan 2015-2035 (the CBLP) was submitted to the Secretary of State in April 2018. The examination process is continuing and there is nothing before me to indicate that the CBLP is currently at a stage that should attract anything more than limited weight. I shall consider the appeal accordingly.

Page 1 · Chunk 2 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Main Issues 4. The main issues are: • Whether or not the intended open space provision is acceptable; and • The effect upon the character and appearance of the area. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Main Issues 4. The main issues are: • Whether or not the intended open space provision is acceptable; and • The effect upon the character and appearance of the area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3270748 Reasons Open space 5. Saved Policy R12 of the South Bedfordshire Local Plan Review (January 2004) (the Local Plan) sets out to protect recreational open spaces and indicates that planning permission will not normally be given for the development of such spaces. As confirmed in the supporting text to this policy, open spaces contribute to the variety of land uses within the urban fabric that help to make towns and villages convenient, satisfying, and enjoyable places to live. The National Planning Policy Framework (February 2019) (the Framework) states that existing open space should not be built on unless, amongst other provisions, the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location. 6. The existing open space under consideration here is currently formed of a single irregularly shaped area of predominantly grassed land (the existing open space) that is owned by a housing association. The existing open space is of reasonable quality and provides an amenity function, most particularly for close by flat occupiers.

Page 2 · Chunk 5 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Indeed, whilst of moderate size, it offers separation between surrounding urban land uses and valuable green outlook for residential occupiers and passers-by. It is also of sufficient expanse to offer some potential for recreational/play activities to take place. This is accordant with the accounts of local residents who have referenced its use by playing children. 7. The proposal involves the construction of a vehicular access through the existing open space. To compensate for the inevitable loss of open space that would result, a new soft landscaped area of roughly square shape (the new open space) would be provided in a location where existing garaging is intended to be demolished. It has been satisfactorily demonstrated that, in overall terms, a broadly comparable quantity of open space would be retained/provided post-development. 8. It has been suggested that the scheme would deliver fragmented areas of open space that would not relate well to the surrounding environment. However, whilst to be bordered by new access/circulation routes, the new open space would be well-planted and not insignificantly sized.

Page 2 · Chunk 6 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Being clear of built development, it would offer valuable green outlook within a typically tight urban environment and would be physically capable of accommodating some informal recreational activities. Furthermore, areas of existing open space to be retained towards the western boundary would continue to provide a meaningful green edge to the site. 9. For the avoidance of doubt, I do not consider that the new open space raises undue safety concerns. Indeed, a relatively limited number of vehicular trips would realistically be anticipated to be associated with the occupation of three new dwellings and the use of newly proposed parking areas. Further, the routes intended to run the perimeter of the new open space would terminate at the appeal site and, being often bending and/or narrow, would not promote vehicles travelling at speed. It is also the case that the existing open space, whilst not bordered to the same degree, is already positioned in proximity to hard surfaced areas used for the parking and manoeuvring of vehicles. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3270748 10. A 2014 appeal decision1 relating to a site at Linslade has been brought to my attention, which was unsuccessful in-part due to the identification of an unacceptable loss of open space. It is apparent that no new open space was intended to be provided in that case, which clearly differentiates it from the scheme now the subject of this appeal. Furthermore, I must consider the proposal that is before me upon its own individual merits. The Linslade decision is thus of limited relevance here. 11. For the above reasons, the open space provision that is proposed, if actively maintained once fully implemented, would be of an equivalent quantity and quality to that which currently exists. I thus find that the intended open space provision is acceptable. The scheme satisfactorily accords with Policy R12 and with the Framework in so far as these policies require existing open space to be replaced by equivalent or better provision. Character and appearance 12. As well as the existing open space and garages, the appeal site also contains a considerable proportion of the grounds that serve No 19 Dudley Street (the rear garden).

Page 3 · Chunk 8 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision This predominantly grassed area contains several tree specimens and I experienced it to be well maintained. Whilst the rear garden influences the makeup of a selection of views attainable from nearby residential properties, it is well-enclosed and currently has a discreet presence when experienced from publicly accessible vantage points. 13. The proposal would be accessed off Hartwell Grove and be orientated to face Leston Road. In this sense, the scheme would not obviously relate to Dudley Street where properties tend to be terraced and consistently positioned to the back of the highway. Indeed, there is no clear rhythm to the way in which development is currently laid out close to the site. Rear garden depths vary, and a range of residential and commercial buildings/uses are in place along Leston Road. The flatted blocks located to the immediate north of the site add further variety to the local built environment. Thus, the appeal site’s surroundings have a mixed character and appearance. 14. It has been suggested that the site, by virtue of its openness, makes a positive contribution to the streetscene and softens the appearance of the urban area.

Page 3 · Chunk 9 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision In this context the proposal would lead to the removal of some on-site trees (including an established Eucalyptus surveyed to offer moderate amenity value) and the introduction of three dwellings to a location that is currently clear of, and set away from, existing built development. 15. However, it must be noted that the proposal involves the demolition of an existing garage complex that covers a sizeable footprint and that is of unappealing utilitarian appearance, the re-provision of open space and a comprehensive scheme of new planting. I note that the Council’s Tree and Landscape Officer has raised no objection to the proposal. Furthermore, new railings are intended to replace a not insignificant stretch of close-boarded fencing. This fencing is of stark appearance and closes off many potential views into the site from Leston Road. It is relevant that Leston Road supports movements on foot and by cycle, so does not just offer potential views to motorists. 1 APP/P0240/A/14/2225025 https://www.gov.uk/planning-inspectorate 3

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Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3270748 16. All matters considered, in the context of the mixed character and appearance I have identified, the scheme would not unduly erode the openness presently contributed by the site and the new dwellings would not appear as discordant additions. Thus, the proposal would not cause harm to the character and appearance of the area and accords with Policy BE8 of the Local Plan and with the Framework in so far as these policies require proposals to take full account of the need for, or opportunities to enhance or reinforce the character and local distinctiveness of the area. Other Matters 17. The scheme involves the loss of 24no. single garages, that each holds the potential to accommodate a parked vehicle (if suitably sized), and subsequent replacement with 14no. surface spaces. A further 7no. spaces (including one visitor space) to specifically serve future occupiers of the proposed dwellings are also intended. 18. Whilst a net reduction in potential parking opportunities would result, I am led to understand that only a limited proportion of the garages are currently in use.

Page 4 · Chunk 11 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision It would also appear reasonable and realistic to assume that, where in use, at least some of the garage units are utilised for general storage purposes as opposed to for parking. Upon inspection, I observed the garages to be dated, tightly dimensioned and, in some instances, to require maintenance. I am thus satisfied that, in practical terms, the proposal would lead to the availability of increased levels of parking provision for local residents. The scheme, in a parking context, would be acceptable on this basis. 19. A vehicle tracking plan has been provided to demonstrate that standard-sized vehicles would be able to attain access to the parking intended to serve the new dwellings. It is also the case that a new turning head feature would allow emergency/refuse/delivery vehicles appropriate opportunities to turn and manoeuvre in proximity to the new dwellings. I also note that the Council’s Highway Officer has raised no objection to the scheme, which is a matter of importance as the Local Highway Authority is responsible for the safety of users of the local highway network. I am satisfied that the proposal would not prejudice highway safety nor the safety of future occupiers of the development. 20.

Page 4 · Chunk 12 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Leston Road is a busy classified route that runs alongside the site. Upon inspection it was apparent that the route’s traffic movements have a noticeable influence upon the local noise environment. A Noise Assessment Report (March 2020) (the NAR) has been produced in the interests of assessing the noise impact upon the new dwellings from road sources. This identifies that, without mitigation, satisfactory internal noise levels would not be achieved. However, the NAR also identifies that glazing could be configured to attain an acceptable internal noise environment and that predicted external noise levels to the rear of the dwellings would be acceptable. I have no clear reason to doubt the NAR’s findings. Indeed, having visited the site, I am suitably content that it would be possible to provide satisfactory living conditions for future occupiers of the development. 21. Even so, the NAR does not specifically address potential noise impacts from nearby commercial sources. It is thus reasonable and necessary that a supplemental assessment of the impact of such noise sources (including from a closely located filling station) is secured via condition in the event the appeal be successful.

Page 4 · Chunk 13 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision The findings of this assessment would guide the precise https://www.gov.uk/planning-inspectorate 4

Page 4 · Chunk 14 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision The findings of this assessment would guide the precise https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/P0240/W/21/3270748 schedule of noise mitigation measures required to ensure acceptable living conditions for future occupiers. This approach has been suggested by the Council’s Pollution Officer in his or her role as a specialist internal consultee. I note here that a ventilation strategy would reasonably be anticipated to make up part of any agreed schedule of mitigation measures. 22. I am not persuaded that the intended replacement of close boarded fencing with railings would make a noticeable difference to levels of noise, pollution and littering potentially experienced by existing local residents. Indeed, a landscaped buffer is intended to be retained/provided to the site’s western edge. It is also the case that existing Dudley Street properties tend to be setback generous distances from Leston Road. 23. Concerns have been raised that the proposal would be visually intrusive, reduce daylight and prejudice the privacy of close by Dudley Street residents.

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Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision However, even when factoring in changing land levels and the intended two and a half storey development height, the dwellings would be set far enough back from the rear of neighbouring properties to avoid overbearing/overshadowing effects or any undue loss of privacy. I note that, as reported by the Council, the expected minimum separation distances as set out in the Central Bedfordshire Design Guide (September 2014) would be exceeded. 24. I am satisfied that the proposal would not promote instances of crime, trespass or anti-social behaviour. Moreover, the intended demolition of the garages and the replacement of existing close boarded fencing with railings to the site’s western edge would promote natural surveillance. It is also the case that robust boundary treatments are intended to various edges of the site. 25. References have been made by interested parties to bat activity/residence in the local area. A Preliminary Ecological Assessment (December 2020) (the PEA) has been undertaken, which did not involve accessing the garages internally but identifies a low potential for bats roosting within. On-site trees were also assessed through the PEA for features that offer bat roosting potential.

Page 5 · Chunk 16 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Only one tree was found to have a small cavity within its trunk and no evidence of bat activity was discovered when intrusive investigations were undertaken. The Council’s Ecologist has indicated that, given the urban location and limited connected habitat, the likelihood of bats using the garages is low. Notwithstanding the timing of the initial survey work undertaken, I am satisfied that the requirement to carry out a bat emergence survey (of all garages where crevices have been identified) is commensurate with a low likelihood of bats being present. 26. I have noted concerns that the scheme could set a precedent for future applications for housing development upon adjoining garden land. However, for the avoidance of doubt, it is my responsibility to consider only the appeal proposal that is before me based upon its own individual merits. I also note here that any potential effect upon the value of neighbouring property is not a material planning consideration. 27. It has been questioned by interested parties what can be done with belongings currently stored within existing garage units. It is the case that alternative storage arrangements would need to be identified.

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Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Whilst this situation would clearly not be ideal for any existing residential occupier impacted by the https://www.gov.uk/planning-inspectorate 5

Page 5 · Chunk 18 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Whilst this situation would clearly not be ideal for any existing residential occupier impacted by the https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/P0240/W/21/3270748 proposal in this manner, it is not a matter that leads me to find the scheme unacceptable in planning terms. 28. The proposal accords with the development plan when read as a whole and material considerations do not lead me to a decision otherwise. On this basis and for the avoidance of doubt, it is not necessary for me to explore the Council’s current housing land supply situation. Conditions 29. The Council has suggested conditions that the appellant has had the opportunity to comment upon and which I have considered against advice in the Framework and Planning Practice Guidance. As a result, I have amended some of them for consistency and clarity purposes and have omitted others. I have also added conditions related to boundary treatment and the requirement for a management plan. I have only imposed pre-commencement conditions where agreed to in writing by the appellant. 30. In the interests of certainty, a condition specifying the suite of approved plans and documents is required.

Page 6 · Chunk 19 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision In the interests of ensuring that legally protected species are not harmed, a planning condition to secure the undertaking of a bat emergence survey before the on-site garaging is demolished is both reasonable and necessary. 31. In the interests of promoting biodiversity enhancement, a condition to secure the submission and implementation of an Ecological Design Scheme is reasonable and necessary. For the same reason, and also in the interests of protecting the character and appearance of the area, a condition securing the submission, implementation and maintenance of a scheme of soft landscaping is both reasonable and necessary. Whilst a detailed planting schedule is set out upon approved plan 281-PL-002, I am mindful that the Ecological Design Scheme to be submitted is required to incorporate various planting details. This approach (requiring a further submission) would allow detailed planting specifications to be amended if necessary. 32. In the interests of protecting the character and appearance of the area, a condition to secure details of the external facing materials to be utilised is both reasonable and necessary.

Page 6 · Chunk 20 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision For this same reason, and also in the interests of security and ensuring that the privacy of existing and future residential occupiers is safeguarded, a condition requiring the implementation and retention of the intended boundary treatments is both reasonable and necessary. I note here that such a condition does not authorise the removal of (or works to) existing boundary treatments not falling under the appellant’s control. 33. To ensure the timely re-provision of open space, in the interests of protecting the character and appearance of the area and the living conditions of local occupiers, a condition to secure the provision of the new open space before works commence upon the new dwellings (and/or the new access to serve them) is both reasonable and necessary. A management plan is also necessary to secure in the interests of ensuring that the areas of open space to be provided/retained are managed and maintained to a suitable standard. 34. In the interests of protecting the character and appearance of the area and of safeguarding highway safety, a condition is reasonable and necessary to secure https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 21 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3270748 the removal of all demolition debris and the provision of the intended replacement parking spaces within a timeframe of three months following the commencement of works to demolish the on-site garaging. Also, in the interests of highway safety, a condition requiring hard landscaped areas to be surfaced in accordance with details already provided and the installation of measures to guard against surface water discharging on to the public highway is both reasonable and necessary. 35. In the interests of highway safety and protecting the living conditions of neighbouring occupiers during construction, a condition is required that secures compliance with the Council’s Construction Code of Practice (including acceptable hours of work). I note that this Code covers various requirements and expectations as regards vehicle movements, access, parking, site deliveries and the prevention of mud on the road. 36. In the interests of promoting the utilisation of sustainable modes of travel, a condition securing the provision and retention of an electric vehicle charging point for each new dwelling is both reasonable and necessary. 37.

Page 7 · Chunk 22 Appeal Decision

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Appeal Decision In the interests of highway safety and protecting the general amenities of the area, a condition securing the provision of a bin collection point in accordance with the approved site plan is both reasonable and necessary. Conclusion 38. For the above reasons, the appeal is allowed subject to conditions.

Page 7 · Chunk 23 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the details shown on/contained within the following approved plans and documents: PL(2)-01; PL(2)-04; PL(2)-02 Rev A; PL(2)-03 Rev A; 281-PL-001; 281-PL-002; Preliminary Ecological Assessment (December 2020); Tree Survey Report (revised December 2020); Noise Assessment Report (11 March 2020). https://www.gov.uk/planning-inspectorate 7

Page 7 · Chunk 24 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the details shown on/contained within the following approved plans and documents: PL(2)-01; PL(2)-04; PL(2)-02 Rev A; PL(2)-03 Rev A; 281-PL-001; 281-PL-002; Preliminary Ecological Assessment (December 2020); Tree Survey Report (revised December 2020); Noise Assessment Report (11 March 2020). https://www.gov.uk/planning-inspectorate 7

Page 8 · Chunk 25 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith Appeal Decision APP/P0240/W/21/3270748 3) No development shall take place until a supplementary noise assessment has been undertaken, submitted to and approved in writing by the Local Planning Authority. The supplementary noise assessment shall identify and assess potential sources of commercial noise likely to impact the site and shall identify suitable mitigation measures to control impacts from all potential noise sources upon future occupiers of the development. The development shall be carried out in full accordance with any noise mitigation measures identified, which shall be installed prior to the first occupation of each permitted dwelling and retained at all times thereafter. 4) No demolition works shall commence until a bat emergence survey has been undertaken of all garage units where crevices have been identified above doors, in full accordance with the related list of recommendations set out at Section 5 of the approved Preliminary Ecological Assessment (December 2020). The results of this survey work shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any demolition works.

Page 8 · Chunk 26 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith Should the bat emergence survey identify bats as using the site, a European Protected Species mitigation licence from Natural England shall be required. 5) No development, including demolition works, shall take place until an Ecological Design Scheme for the creation of new wildlife features including integrated bird/bat and bee boxes in buildings/structures, hedgehog holes in fences and tree, hedgerow, shrub and wildflower planting/establishment has been submitted to and approved in writing by the Local Planning Authority. The content shall include the: a) purpose and objectives for the proposed works; b) detailed design(s) and/or working methods necessary to achieve stated objectives (including, where relevant, the type and source of materials to be used); c) extent and location of proposed works shown on appropriate scale maps and plans; d) timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction; e) persons responsible for implementing the works; f) details of initial aftercare and long-term maintenance. The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

Page 8 · Chunk 27 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith 6) Within a period of three months following the commencement of works to demolish the existing on-site garages, all materials and fabric from the demolished garages shall be removed from the site and all 14 replacement parking spaces depicted upon approved plan PL(2)-01 shall be laid out, surfaced in stable and durable materials and made available for use. Thereafter, the replacement spaces shall be retained solely for the purposes of parking vehicles. 7) Prior to the commencement of works comprising either the erection of three dwellings (with associated parking and amenity space) or the provision of access from the point where the existing access road currently terminates (identified as ‘existing road extent’ on approved plan PL(2)-01), the replacement open space (identified as ‘play space from excess land – 260sqm’ on approved plan PL(2)-01) shall be provided, grassed and made available for use. https://www.gov.uk/planning-inspectorate 8

Page 9 · Chunk 28 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith Appeal Decision APP/P0240/W/21/3270748 8) Notwithstanding any relevant details already provided, prior to the commencement of above-ground construction works, details of the materials to be used for the external walls and roofs of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. 9) Notwithstanding approved plan 281-PL-002, prior to the first occupation of the development hereby permitted, a detailed landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority clearly showing the species, planting sizes, planting positions and planting specifications for the provision of new trees and shrubs. The approved landscaping scheme shall then be implemented during the first growing season (November to March) following the completion of the development, and shall be maintained for a period of 5 years until satisfactorily established, with any losses replaced in accordance with the approved planting plan and planting specification.

Page 9 · Chunk 29 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith 10) Prior to the first occupation of the development hereby permitted, details of a management plan for the areas of open space (where situated inside the site’s red line and highlighted in green on approved plan PL(2)-01) shall be submitted to and approved in writing by the Local Planning Authority. These areas of open space shall thereafter be managed and maintained in accordance with the approved management plan. 11) Prior to the first occupation of the development hereby permitted, all on- site vehicular areas shall be surfaced in full accordance with the details depicted upon approved plan 281-PL-001. In addition, arrangements shall be made for surface water drainage to soak away within the site so that it does not discharge on to the highway or into the main drainage system. 12) Prior to the first occupation of the development hereby permitted, a scheme for the provision of three electric vehicle charging points (one to serve each dwelling) shall be submitted to and approved in writing by the Local Planning Authority. The charging points shall be provided as approved prior to the first occupation of the dwellings they serve and retained at all times thereafter.

Page 9 · Chunk 30 Andrew Smith

Land rear of 19 Dudley Street, Leighton Buzzard , LU7 1SE — Central Bedfordshire — Andrew Smith 13) The development hereby permitted shall be undertaken in full accordance with the Council’s adopted ‘Construction Code of Practice for Developers and Contractors’, which, amongst other provisions, restricts working hours to 0800-1800 Monday to Friday and to 0800-1300 on Saturdays, with no construction works on Sundays or Bank Holidays. 14) The bin collection point identified on approved plan PL(2)-01 shall be made available for use prior to the first occupation of the development hereby permitted and shall be retained thereafter. 15) The development hereby permitted shall be undertaken in full accordance with the various boundary treatment details depicted upon approved plan 281-PL-001. These approved boundary treatments shall be implemented in full prior to the first occupation of the development and retained at all times thereafter. https://www.gov.uk/planning-inspectorate 9

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
For appellant
¶20

The Inspector has considered the Noise Assessment Report and is satisfied that satisfactory internal noise levels can be achieved, and predicted external noise levels are acceptable.

Character and appearance
For appellant
¶15

The Inspector has considered the impact of the proposal on the character and appearance of the area and has found that it would not cause harm.

Ecology and biodiversity
For appellant
¶25

The Inspector has considered the Preliminary Ecological Assessment and is satisfied that the requirement to carry out a bat emergence survey is commensurate with a low likelihood of bats being present.

Parking
For appellant
¶18

The Inspector has considered the impact of the proposal on parking provision and has found that it would lead to the availability of increased levels of parking provision for local residents.

Planning obligations
For appellant
¶31

The Inspector has considered the requirements for an Ecological Design Scheme and a condition securing the submission, implementation, and maintenance of a scheme of soft landscaping is reasonable and necessary.

Planning obligations
For appellant
¶32

The Inspector has considered the requirements for a condition securing details of the external facing materials to be utilised and has found it to be reasonable and necessary.

Policies relied on

Reference Weight
Policy R12 of the South Bedfordshire Local Plan Review (January 2004)
Substantial
Policy BE8 of the Local Plan
Substantial
The National Planning Policy Framework (February 2019)
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 9 pages, issued by the Planning Inspectorate on 5 July 2021 under the Open Government Licence.