Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision Site visit made on 16 February 2022 by Andrew Owen MA BA(Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 07 March 2022 Appeal Ref: APP/P0240/W/21/3281568 Land to the rear of 13 Hawthorn Crescent, Caddington LU1 4EQ • 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 Ian Allsop against the decision of Central Bedfordshire Council. • The application Ref CB/21/01119/FULL, dated 11 March 2021, was refused by notice dated 7 May 2021. • The development proposed is construction of two, 2 bed detached bungalows and ancillary access road and landscaping. Decision 1. The appeal is dismissed. Preliminary Matters 2. In July 2021 the Central Bedfordshire Local Plan (the ‘Local Plan’) was adopted. Policies H2 and BE8 of the South Bedfordshire Local Plan Review, referred to in the decision notice, are now superseded and the Council advise that policies HQ1, HQ8 and EE4 of the Local Plan are those which the proposal is contrary to. Copies of these policies have been provided to the appellant. 3.

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision An amended plan (ref PL 01 Rev B) showing some enhanced landscaping beneath the protected oak tree was submitted with the appeal. As this does not materially alter the scheme and any parties who have not seen the plan would not be prejudiced by it, I have accepted the plan and have considered the appeal on this basis. Main Issue 4. The main issue is the effect of the proposal on the character and appearance of the area including the protected tree. Reasons 5. The appeal site accommodates a detached bungalow and its large diamond shaped rear garden, within which is a mature oak tree subject of a Tree Preservation Order. 6. The other houses nearby in Hawthorn Crescent are also detached bungalows, with most directly facing the street. The neighbouring gardens are generous, but the garden within which the two dwellings would be sited is significantly larger. The houses to the rear on Crosslands are two-storey and built at a higher density than those on Hawthorn Crescent with shorter gardens and narrower plots. In the wider area, there are a number of small enclaves of https://www.gov.uk/planning-inspectorate

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3281568 development off the main roads within Caddington including at Willow Grove, Sutton Gardens and Mooring Rise. There are also some examples of smaller backland developments such as behind 73 Dunstable Road and at 87 and 89 Manor Road. The prevalence of these examples creates a variety in the pattern and grain of development locally which informs the character and appearance of the area. 7. Due to the limited height of the properties on Hawthorn Crescent, the trees in the back gardens of the houses are visible in the street scene. In particular the protected oak tree at the appeal site appears prominently in the street scene, especially as its stands alone away from other trees, such as the group at the rear of No. 11. This oak also appears conspicuously from Crosslands to the south and west, largely because it is on higher ground than the houses there. It is clearly visible above No. 43 and through the gap between Nos. 49 and 51. Due to its prominence from a number of viewpoints, this tree makes a valuable contribution to the character and appearance of the area.

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision Indeed, the submitted Tree Survey Report identifies the tree as a Category A(1) tree which means it is of high quality, a good example of the species and with a remaining life expectancy of over 40 years. 8. The two proposed dwellings would be positioned side by side in the rear garden of No. 13 spanning the plot between its southwest and east boundaries. The dwelling at Plot 2 would be close to the protected oak tree. No part of the development would encroach into the root protection area (RPA) of this tree. However the canopy of the tree would be very close to the front of the bungalow at plot 2. Indeed, from my site visit I saw that the canopy of the tree now extends even closer to plot 2 than as shown on the plans and it roughly correlates with the extent of the RPA on this side of the tree. It would therefore be very close to the dwelling at plot 2, particularly the kitchen window, the front door and, to a lesser extent, the window of bedroom 2. Though the canopy of the tree would be slightly above these windows, it would nonetheless appear as a dominating feature obstructing the view from them and reducing daylight received by them. 9.

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision In that context it is likely that future occupiers would seek to apply to remove or severely prune the tree in order to improve their living conditions, which the Council may find hard to resist. Although the current occupiers may have no wish to remove the tree and have sought to incorporate it into the landscaping for the development, I must consider the likely wishes of future occupiers too. 10. Due to its prominence in the landscape, were it to be lost or severely pruned, its contribution to the character and appearance of the area would be considerably damaged and therefore the character and appearance of the area would be significantly harmed. As such, in this respect the development would conflict with policy EE4, which aims to safeguard protected trees from loss or major surgery, and HQ1 which seeks to ensure proposals are complementary to the existing natural environment. 11. It is noted that the tree is on the boundary with neighbouring properties and overhangs them to a significant degree. However that does not necessarily mean that the relationship between those houses and the tree is satisfactory, nor therefore that the relationship between plot 2 and the tree would also be acceptable.

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision https://www.gov.uk/planning-inspectorate 2

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/P0240/W/21/3281568 12. With respect to the effect of the proposal on the grain of development locally, it is recognised that there are no other comparable backland forms of development in Hawthorn Crescent, with the houses at Nos. 34, 34a and 34b having a presence in the street scene, in contrast to the proposed houses. However in the wider context there are a number of examples of backland development that are similar to that proposed. Though these may have been granted permission under a different policy background, they do still inform the pattern of built form in the area. In that context the proposal would not conflict with the character or appearance of the area. 13. The development would therefore accord with policy HQ8 which allows for backland development if it respects the existing pattern and grain of development. It would also, in this respect, comply with policy HQ1 which requires development to relate well to the existing local surroundings. Other Considerations 14. The provision of two houses to add to the Council’s supply is a modest benefit as are the economic benefits from during the construction period and beyond.

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Appeal Decision The more effective use of the land is also a small benefit and which is supported by the National Planning Policy Framework. 15. An outbuilding erected under permitted development rights could be built as close to the tree as the proposed houses. However, any such outbuilding would be incidental to the main house and not a separate dwelling. It is therefore unlikely that there would be the same pressure on the tree from the occupiers of No. 13 due to its effect on an outbuilding, than there would be from the occupiers of a house whose front elevation would be wholly dominated by the tree. Conclusion 16. Although the development would respect the pattern and grain of development in the area, it would place pressure on the protected oak tree which may lead to its loss or severe pruning which would harm the character and appearance of the area. As a result, and for the reasons given above, I conclude that the proposal would fail to accord with the development plan as a whole and the other material considerations, to which I give only modest weight, do not suggest the decision should be made other than in accordance with the development plan. The appeal is therefore dismissed.

Land to the rear of 13 Hawthorn Crescent, Caddington, LUTON, LU1 4EQ — Central Bedfordshire — Andrew Owen INSPECTOR https://www.gov.uk/planning-inspectorate 3