Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Site Visit made on 27 July 2021 by Rachel Hall BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 08 October 2021 Appeal Ref: APP/C1625/W/21/3273104 Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire GL6 0PT • 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 Ms Nurgis Chishty against the decision of Stroud District Council. • The application Ref S.20/0305/FUL, dated 6 February 2020, was refused by notice dated 19 October 2020. • The development proposed is a new dwelling. Decision 1. The appeal is allowed and planning permission is granted for a new dwelling at land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire GL6 0PT in accordance with the terms of the application, Ref S.20/0305/FUL, dated 6 February 2020, subject to the schedule of conditions attached to this decision. Preliminary Matters 2. Whilst I have used the description of development in the heading above as was given on the application form, the proposal is more precisely described as ‘erection of a new dwelling’. 3.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision The original planning application form stated the applicant as ‘MDHP’, whereas the appeal is submitted by ‘Ms Nurgis Chishty’. I am satisfied on the evidence before me that MDHP was instructed by Ms Nurgis Chishty to submit the application, and therefore have no reason to question the validity of the appeal. 4. Subsequent to lodging the appeal, the appellant submitted revised drawings1. These amended the drawings that were determined by the Council by the addition of drainage details, comprising a proposed soakaway, and were supported by calculations to justify its scale, with all other elements of the development being unaltered. Email correspondence from the Council acknowledges receipt of these details during the course of this appeal. I also note comments submitted by local residents in respect of these. Accordingly, I am satisfied that the timing of the submission of the drainage details has not deprived those who may wish to have been consulted the opportunity to comment on the drainage proposals. 5.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Two Arboricultural Impact Assessment Reports are before me, one prepared by tba landscape architects, based on a tree survey undertaken in 2018, and a subsequent one prepared by Tree Maintenance Limited, based on a tree survey undertaken in 2020. Whilst the former tree survey could now be considered out 1 Ref 20396-11E; Ref 20396-12E. https://www.gov.uk/planning-inspectorate

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Two Arboricultural Impact Assessment Reports are before me, one prepared by tba landscape architects, based on a tree survey undertaken in 2018, and a subsequent one prepared by Tree Maintenance Limited, based on a tree survey undertaken in 2020. Whilst the former tree survey could now be considered out 1 Ref 20396-11E; Ref 20396-12E. https://www.gov.uk/planning-inspectorate

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Appeal Decision APP/C1625/W/21/3273104 of date, the latter provides a sufficiently up-to-date position against which to consider the implications of the appeal scheme. Therefore my decision is made with reference to the Tree Maintenance Limited Arboricultural Impact Assessment report (‘AIA Report’)2, and any specific tree references are from that report, unless stated otherwise. It appears detailed, comprehensive and is stated to have been prepared in compliance with British Standard 5837: Trees in relation to design, demolition and construction – recommendations 2012. Main Issues 6. The main issues are: • the effect of the proposed development on the character and appearance of the area, with regard to impacts on protected trees; and • whether sufficient evidence has been provided to demonstrate that the proposal could be suitably drained, with reference to effects on water resources, quality and flood risk. Reasons Character and Appearance 7. The site is accessed from Priory Fields which, in the vicinity of the site, changes from a higher density residential road, to a narrower lane leading to The Priory and a small number of more widely spaced detached houses.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision The site is substantially screened from The Priory, Priory Fields and the other nearby houses, by the existing hedge, vegetation and trees. A wooded hillside falls steeply away from its southern site boundary allowing glimpses from the site across the valley to the wooded hillside beyond. There, other individual houses are visible, situated amongst trees. Consequently, the vicinity of the site has a woodland feel, with individual buildings and their gardens set amongst mature trees and vegetation. 8. Given the site’s location in an Area of Outstanding Natural Beauty, the National Planning Policy Framework (2021) requires great weight to be given to conserving and enhancing landscape and scenic beauty, and for the scale and extent of development to be limited3. Policy HC1 in the Stroud District Local Plan (November 2015) (‘Local Plan’) requires, amongst other matters, that proposed housing is compatible with the character and appearance of the area (criterion 1) and natural features worthy of retention are retained (criterion 6). Local Plan Policy CP14 (criterion 9) similarly requires that proposals retain important landscape features, including trees.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Policy ES8 also seeks to resist the loss of trees worthy of protection. 9. Following its approval at referendum the Horsley Neighbourhood Development Plan 2019 – 2040 (‘Neighbourhood Plan’) has come into force as part of the statutory development plan. Landscape Character Policy (L) of the Neighbourhood Plan supports proposals which enable local landscape and key features to be protected and enhanced. It seeks to resist proposals that would result in an unacceptable impact on the character of the landscape, unless certain criteria are met. 2 Arboricultural Implications Assessment and Tree Protection Method Statement (July 2020) 3 Paragraph 176 https://www.gov.uk/planning-inspectorate 2

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Policy ES8 also seeks to resist the loss of trees worthy of protection. 9. Following its approval at referendum the Horsley Neighbourhood Development Plan 2019 – 2040 (‘Neighbourhood Plan’) has come into force as part of the statutory development plan. Landscape Character Policy (L) of the Neighbourhood Plan supports proposals which enable local landscape and key features to be protected and enhanced. It seeks to resist proposals that would result in an unacceptable impact on the character of the landscape, unless certain criteria are met. 2 Arboricultural Implications Assessment and Tree Protection Method Statement (July 2020) 3 Paragraph 176 https://www.gov.uk/planning-inspectorate 2

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Appeal Decision APP/C1625/W/21/3273104 10. There are a number of trees around the edge of the site and consequently much of the site falls within tree root protection areas, some of which are for protected trees4. However the scheme has been designed such that the main element of the proposal, comprising the footprint of the proposed dwelling, is outside of the root protection areas of retained trees5, thus minimising the potential harm to retained trees. The proposed car port and an area of patio around the proposed house falls within the root protection area of tree No 552, identified as a Common Lime. However, a ‘no dig’ construction method is proposed for these works within this root protection area, with ground protection measures subsequently employed during the wider development phase. 11. The proposal for the car port to be surface mounted will further limit the potential for its construction to harm this protected tree. Moreover, as a proportion of the total root protection area, the AIA Report identifies this as circa 10%, and therefore a relatively small proportion of the likely full extent. The extent of physical, intrusive works within root protection areas is consequently very limited.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision I am therefore satisfied that the appeal scheme would not unacceptably encroach on root protection areas of protected trees, and a range of typical measures to protect retained trees on site during construction could be secured by condition. 12. I understand there may be an enforcement matter in respect of deposition of material on site, albeit that, as well as the current management of the site, is a separate matter which does not have a bearing on my assessment of the appeal proposal. As explained subsequently, implementation of the scheme would require adherence to the associated planning conditions, including in respect of site levels, and could be enforced as such. 13. I note concerns that the proposal may lead to further pressure to fell or prune trees to limit seasonal nuisance from leaf shedding, honeydew drop and other debris. However the proposed car port has been designed specifically to protect vehicles from honeydew and I see no robust evidence to suggest that the structure itself would not be sufficiently robust to withstand damage from typical falling tree debris. Future occupants could reasonably cover garden furniture when not in use to protect it from honeydew. 14.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision In addition, given the evident predominance of trees surrounding the site, future occupants would reasonably expect a higher level of garden maintenance than for a more suburban garden. Further, as trees and vegetation are an attractive feature of the area, it is likely that future occupants of the development would choose to reside here on the basis of its wooded character and would consequently be unlikely to seek to significantly reduce tree coverage on site. As such I do not consider the proposal would inevitably result in pressure for removal of retained trees. In any event, the Tree Preservation Order (‘TPO’) would remain in place enabling the Council to resist future works to protected trees of an inappropriate nature. 15. In respect of pressure to fell or prune trees to maintain acceptable living conditions for its future occupants, the scheme drawings show a degree of separation between the retained tree canopies and the proposed dwelling. 4 Under Tree Preservation Order 354. 5 As shown on Tree Protection and Removal Plan, Ref. 14920/63394 in Arboricultural Implications Assessment and Tree Protection Method Statement Rev A, prepared by Tree Maintenance Limited (July 2020).

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/C1625/W/21/3273104 Whilst retained trees will continue to grow and shading of the house and garden would inevitably increase over time, the extent of shading from deciduous trees would vary seasonally. In addition, the position of the house adjacent to ground that falls steeply away to the rear would provide the opportunity for views out across the valley, particularly at first floor and roof level where the proposed rear elevation shows a number of good sized windows and balconies. 16. In addition, a small number of unprotected trees are proposed to be removed along this boundary. This would retain openness here, and would help maintain good levels of natural light entry to the house, thus limiting future pressure to fell or prune protected trees. I note that the ownership of one of the trees proposed for removal (No 555) has been brought into question and if outside of the ownership of the appellant, that it would be retained. Matters of private land ownership are not for resolution within this appeal.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision However, I do not consider that living conditions within the proposed house would be unduly harmed by retention of that single tree, or that pressure to prune other protected trees would be materially altered as a result. 17. Whilst one of the five trees proposed to be removed is identified in the AIA Report as a category B tree (No 556 identified as a Lawson Cypress), the four others are identified as category U, Common Ash, having more limited arboricultural value (Nos 551, 553, 554, 555). Although there is a difference in tree references used in the TPO (Nos T1 – T17), none of the trees covered by the TPO are listed as Cypress or Ash. Consequently it is clear the trees proposed for removal in this appeal are not afforded protection under the TPO. A quotation submitted as part of this appeal suggests removal of a further tree, No 552. However that tree is identified as being retained on the scheme drawings. Its removal does not therefore form part of the appeal proposal. 18. I acknowledge that nearby residents feel strongly that trees are an important feature of the area, and have expressed concerns over the proposed loss of up to five trees.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Given the prevalence of trees in the vicinity that are to be retained, including all of the protected trees, and the relatively limited quality of the trees to be removed, I do not consider those proposed for removal amount to a distinctive stand of trees as is sought to be retained by Landscape Character Policy (L) of the Neighbourhood Plan. 19. Moreover, the site is located towards the edge of Horsley where open countryside, including the wooded hillside, transitions into the settlement edge. The proposed reduction in tree cover would therefore not be out of keeping with its location, and the site would continue to be viewed amongst a number of substantial trees with the woodland below. In addition, (with the exception of tree No 555 as reasoned above) regardless of the health of the trees proposed for removal, there is nothing in the evidence before me to indicate that these trees could not be felled in any event, in much the same way as anyone would maintain their garden. 20.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Given the relatively small number of trees to be felled, some of which are considered to be of compromised health, the effect on biodiversity and implications for climate change would be correspondingly limited and not so significant as to justify dismissing the appeal. Subject to the conditions as detailed subsequently, I am satisfied that the proposed development would be acceptable with respect to biodiversity and climate change. I note also that the https://www.gov.uk/planning-inspectorate 4

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Given the relatively small number of trees to be felled, some of which are considered to be of compromised health, the effect on biodiversity and implications for climate change would be correspondingly limited and not so significant as to justify dismissing the appeal. Subject to the conditions as detailed subsequently, I am satisfied that the proposed development would be acceptable with respect to biodiversity and climate change. I note also that the https://www.gov.uk/planning-inspectorate 4

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Appeal Decision APP/C1625/W/21/3273104 Council’s biodiversity team assessed the proposal and, subject to appropriate conditions, recommended approval. 21. Concluding on this matter, I find that the layout of the proposal has been designed to minimise effects of the development on protected trees and would provide suitable living conditions with respect to natural light and shading for its future occupants, both now and in future. This, combined with suitable construction methods and provision of tree safeguarding measures that could be secured by condition, would minimise the direct effect of the proposal on protected trees as well as the potential for future pressure to fell or prune them. Consequently, the proposal would not harm the character and appearance of the area. It would therefore accord with Policies HC1, CP14 and ES8 of the Local Plan. It would similarly accord with Landscape Character Policy (L) of the Neighbourhood Plan by protecting those trees on site that are afforded protection under the TPO due to their important contribution to the character and appearance of the area and AONB. Drainage 22.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Whilst concerns were raised in respect of the drainage calculations relating to the proposed capacity of the soakaway, these have been updated during the course of the appeal to correct a mathematical error and to increase the allowance made to account for climate change. I am satisfied that the updated calculations provide sufficient certainty that the proposal could be suitably drained, without unacceptable harm to water resources, water quality and flood risk. In any event, details of surface water drainage could be subject to final approval via condition, including a requirement to demonstrate its technical feasibility. 23. The soakaway is shown within the root protection area of one retained tree (No 552), however this would likely entail works in a discreet location comprising a very small percentage of the overall root protection area. Soakaways can be designed sensitively subject to adherence to a careful construction methodology, entailing minimal disruption to the surroundings. Final tree protection measures could be addressed via condition to ensure the proposal would be suitably drained without unacceptable harm to protected trees. 24.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Concluding on this main issue, sufficient evidence has been provided to demonstrate that the proposal could be suitably drained. I therefore find that the proposal would accord with Policy ES4 of the Local Plan which seeks to ensure developments are properly assessed with respect to their effects on water resources, quality and flood risk, and effects are suitably understood, controlled and, where necessary, mitigated. Other Matters 25. Although the proposal is for a single dwelling, it would nevertheless make a small contribution to housing supply on land within Horsley. In respect of the need for smaller homes and affordable housing, whilst these may be desirable no substantive evidence is before me to suggest that only a smaller and/or affordable home would be acceptable here, and development plan policy does not require affordable housing on a proposal for a single dwelling. Whilst the site is adjacent to The Priory, which is noted in the Neighbourhood Plan as a building of substantial presence, the proposal is sufficiently detached and screened from The Priory such that it would not detract from appreciation of https://www.gov.uk/planning-inspectorate 5

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Appeal Decision APP/C1625/W/21/3273104 that building, which in any event is not identified as a listed building or non- designated heritage asset. 26. I note comments in respect of the appellant having submitted information to the appeal over a number of dates, as well as concerning a lack of clarity in the structure of reports. I also accept that there have been some changes on site that are not fully reflected on submitted drawings. Nevertheless, I am satisfied that sufficient information has been submitted to enable the appeal scheme and supporting evidence to be suitably understood and for a full and proper assessment to be made. I have had regard to a range of other comments on the proposal, including in respect of traffic, access and parking, and that the proposal represents overdevelopment of the site. I have given careful consideration to these matters, some of which the Council has not raised any objections to, but they do not lead me to a different overall conclusion on the main issues, nor do they amount to harm which would justify withholding planning permission. Conditions 27.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision The Council suggested conditions in the event the appeal is successful, and I have considered these and amended them as necessary, without altering their meaning, in light of the Framework and Planning Practice Guidance. It is necessary to impose a condition requiring compliance with the relevant plans for certainty. In order to ensure adequate provision is made for the preservation of retained trees, and that the development safeguards the natural character of the area, I have imposed a condition requiring that a tree protection scheme and method statement is agreed with the Council, with reference to the relevant documentation supporting the application. Given that any works may affect the wellbeing of trees within the appeal site, it is necessary to require that this approach is agreed before any development is undertaken and adhered to thereafter. The appellant and the Council confirmed their agreement to such a condition. 28.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision Given the importance of ensuring the detailed drainage design controls the effects of the development on water resources and flood risk and does not harm the wellbeing of retained trees, it is necessary for details of surface water drainage to be submitted and approved before development begins. This reflects the Council’s comments that the condition should include a management plan for surface water during development, and is also a pre- commencement condition. The appellant has confirmed their agreement to this condition. 29. I have imposed conditions restricting hours of construction, and operation of machinery and deliveries during construction, to minimise disruption to nearby residents. A condition requiring submission of a landscaping scheme is necessary to maintain the character and appearance of the area. A condition requiring a biodiversity enhancement plan, and details of external lighting, is required to ensure the development makes suitable provision for wildlife, including bats. Conclusion 30. The proposed new dwelling would be appropriate in respect of its effects on the character and appearance of the area, and it makes suitable provision for surface water drainage.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Appeal Decision For the above reasons, and taking all other matters https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/C1625/W/21/3273104 into account, the proposal therefore complies with the development plan taken as a whole and with the approach in the Framework. I therefore conclude that the appeal should be allowed.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Rachel Hall INSPECTOR https://www.gov.uk/planning-inspectorate 7

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Rachel Hall INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/C1625/W/21/3273104 SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Ref 20396-11E; Ref 20396-12E; Ref 20396-13D; Ref 20396-14D. 3) No works related to the development hereby permitted, including any felling or pruning of trees or vegetation or other alteration of the existing condition of the site shall take place until a tree protection scheme and construction method statement have been submitted to and approved in writing by the local planning authority. The tree protection scheme shall include details of: all relevant trees, shrubs, natural features, ground levels, protection measures and the date on which development is proposed to commence.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Rachel Hall The construction method statement shall include details of: the tree felling and pruning schedule, driveway construction and hardsurfacing, boundary treatments, cross sections and details of the proposed finished ground levels of the site, surface and sub-base and foundation materials and method of construction and excavation, edging materials and construction related to protection areas around existing trees and vegetation, the position and installation of all new surface and utility runs, the proposed site set-up and operation during construction, measures to control the emission of dust and dirt during construction, and supervision and monitoring arrangements by an arboriculturalist. Development shall be carried out in accordance with the tree protection scheme and construction method statement thus approved (including until such point as all equipment, machinery and surplus materials related to the development hereby permitted have been removed from the site). 4) The development hereby permitted shall not begin until a detailed design for the surface water drainage strategy (e.g. Sustainable Drainage System - SuDS) has been submitted to and approved in writing by the local planning authority.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Rachel Hall The submitted details shall: i) demonstrate the technical feasibility of the drainage system through the use of SuDS to manage flood risk, and the measures taken to prevent pollution of the receiving groundwater and/or surface waters for the life time of the development; ii) include a timetable for its implementation; and iii) provide a management and maintenance plan to secure the operation of the scheme throughout the lifetime of the development. The development hereby permitted shall not be occupied until the approved surface water drainage works shall have been implemented. 5) Construction works shall take place only between 08:00 to 18:00 Monday to Friday, 08:00 to 13:00 Saturday and shall not take place at any time on Sundays or on Bank or Public Holidays. 6) Machinery shall be operated, processes shall be carried out and deliveries shall be taken at or despatched from the site only between 08:00 to https://www.gov.uk/planning-inspectorate 8

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Rachel Hall Appeal Decision APP/C1625/W/21/3273104 18:00 Monday to Friday, 08:00 to 13:00 Saturday and shall not take place at any time on Sundays or on Bank or Public Holidays for the duration of the construction period. 7) Before development commences above slab level, a biodiversity enhancement plan shall have been submitted to and approved in writing by the local planning authority. The plan shall include for the provision of bat and bird boxes and gaps in boundary features for hedgehogs. The plan shall be implemented prior to first occupation of the development hereby permitted and retained for the lifetime of the development. 8) The development hereby permitted shall not be occupied until a detailed landscaping scheme shall have been submitted to and approved in writing by the local planning authority. The approved scheme shall be carried out in the first planting season following first occupation of the approved development. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Land adjacent to The Priory, Priory Fields, Horsley, Gloucestershire, GL6 0PT — Stroud District Council — Rachel Hall 9) Prior to the installation of any external lighting, a lighting scheme shall have been submitted to and approved in writing by the local planning authority. The scheme shall: i) identify the areas/features on site that are particularly sensitive for foraging bats; and ii) identify how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications), to avoid disturbance to foraging bats. All external lighting shall be installed in accordance with the approved details. https://www.gov.uk/planning-inspectorate 9