7 Belton Road, Epworth, Doncaster, DN9 1JL

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Site visit made on 22 March 2022 by F Wilkinson BSc (Hons), MRTPI an Inspector appointed by the Secretary of State Decision date: 8 April 2022 Appeal Ref: APP/Y2003/W/21/3288152 7 Belton Road, Epworth DN9 1JL • 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 Cherry of Cherry Tree Homes Ltd against the decision of North Lincolnshire Council. • The application Ref PA/2020/1117, dated 15 July 2020, was refused by notice dated 4 June 2021. • The development proposed is the construction of 3 detached dwellings with associated garages and additional garage. Decision 1. The appeal is allowed and planning permission is granted for the construction of 3 detached dwellings with associated garages and additional garage at 7 Belton Road, Epworth DN9 1JL in accordance with the terms of the application, Ref PA/2020/1117, dated 15 July 2020, subject to the conditions in the attached schedule. Main Issues 2. The main issues are the effects of the proposed development on: • the character and appearance of the area; and • the living conditions of neighbouring residents with particular regard to noise and disturbance. Reasons 3.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision The appeal site is part of the garden of 7 Belton Road, a detached dwelling. The proposed development would comprise the construction of three four-bedroom dwellings with associated gardens and garages. The proposed development would also include an additional single storey garage to serve the existing dwelling. The existing garages and shed within the site would be removed. Character and Appearance 4. The proposed development would represent a backland form of development. Policy H7 of the North Lincolnshire Local Plan Including Policies for Minerals and Waste adopted 2003 (the Local Plan) addresses backland and tandem development. The policy allows for such development, provided that it would not affect the general quality and character of the area in which it is located by unacceptably increasing the density of development in that area; resulting in the loss of important natural and man-made features; leading to an https://www.gov.uk/planning-inspectorate

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/21/3288152 unacceptable proliferation of vehicular accesses to the detriment of the street scene. 5. Whilst the proposed dwellings would not have a road frontage, no.7 itself is set back from the road and does not front directly on to it. In addition, there is considerable variety in the built form within the vicinity of the site in terms of the design of dwellings, plot sizes and positioning within the street scene. There is not therefore a clear prevailing character or appearance to the built form within the area. 6. The site has several outbuildings, but it is largely an open area. This openness is not readily apparent within the street scene given that the site is surrounded by dwellings. However, it may form part of the outlook for residents of a number of the surrounding dwellings, albeit with some separation distance. 7. Although glimpses of the proposed dwellings would be possible between the existing built development from certain vantage points, such views would be limited given the screening effect of the trees within the site and neighbouring gardens, and the scale of the proposed dwellings.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Furthermore, the dwellings would be single or one and a half storeys and would mainly be enclosed by taller properties. The dwellings would therefore be relatively inconspicuous in the street scene. Although they would be visible from neighbouring properties, existing boundary features would soften their presence in such views. 8. Given the outdoor amenity space together with the parking and turning area that would be provided within the site, the proposed development would not appear contrived or visually cramped. In addition, the appellant has provided information on the density of the proposed development. This demonstrates that its density would be consistent with the surrounding area, and below that envisaged for the Market Towns defined in the North Lincolnshire Core Strategy adopted 2011 (the CS) which includes Epworth. 9. The existing access would be used. As such, there would be no effect on the street scene arising from the creation of additional access points. 10.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision The nature of the proposal and the considerable variety of built form within the locality would ensure that the proposed development would integrate without causing undue harm to the visual and spatial qualities of the area or appearing unduly prominent or incongruous. Overall, therefore, it would not harm the character and appearance of the area. 11. Consequently, the proposed development would accord with Policy H7 of the Local Plan, which has been summarised above. It would also accord with Policy DS1 of the Local Plan, which requires that the design and external appearance of proposals should reflect or enhance the character, appearance and setting of the immediate area. Living Conditions 12. There are a number of dwellings located on Belton Road, High Street and Tottermire Lane that share a boundary with the site. Policy H7 of the Local Plan states that backland or tandem development will be permitted provided that there is no adverse effect on the amenities of any residential premises through overlooking and loss of privacy and the level of nuisance resulting from the movement of vehicles to and from the proposed development.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Policy DS1 of the Local Plan includes similar requirements, including that there should be no https://www.gov.uk/planning-inspectorate 2

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Policy DS1 of the Local Plan includes similar requirements, including that there should be no https://www.gov.uk/planning-inspectorate 2

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/21/3288152 unacceptable loss of amenity to neighbouring land uses in terms of noise, smell, fumes, dust or other nuisance, or through the effects of overlooking or overshadowing. 13. The access road is already used by the residents of 7 Belton Road to access the parking areas within the site. The submitted evidence1 indicates that the proposed development would result in a relatively small increase in the number of vehicle movements. 14. Cars accessing and exiting from the site would pass close to the dwelling at 5 Belton Road. This dwelling has a window at first floor level in its gable facing the access road and in its rear elevation relatively close to it. A ground floor window in the front elevation is close to the access road, and it also faces directly onto the busier Belton Road in relatively close proximity. There is a high wall for much of the length of the access road where it is adjacent to this dwelling. The garages would be separated from other neighbouring gardens by boundary features, together with areas that could accommodate additional landscaping. The drives and turning area would be further separated by the proposed garages and dwellings. 15.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision The appellant submitted a Noise Assessment2 as part of the appeal documentation. The noise survey of existing background noise levels identifies that road traffic on Belton Road is the main noise source, which tallies with my observations at the site. The Noise Assessment compares the lowest background noise level recorded with the calculated noise from the likely vehicle movements, assessed at 5 and 9A Belton Road. This shows that the noise generated would be well below the lowest current background noise levels, other than during the night-time at no. 5, where the calculated increase would be 1.9dBA. For there to be a perceptible change in noise levels, there must be an increase of at least 3dBA. 16. The Noise Assessment also considers the effect of car doors closing. The calculations illustrate that such noise would sit within the range of the recorded background noise levels when experienced outside, and internally would be below recommended levels including during the night-time. 17.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision The existing and proposed boundary treatments, the position of the existing dwellings and associated outbuildings and the separation distances between the existing and proposed dwellings would ensure that there would not be harmful disturbance from vehicle lights. 18. Overall, therefore, based on the findings of the Noise Assessment together with my own observations, it is likely that the sound of engines running would be relatively quiet and infrequent. As such, the noise impact and general disturbance generated by vehicle movements, and the limited associated exhaust fumes, would be small, resulting in a negligible effect on the living conditions of neighbouring residents. 19. The privacy of neighbouring residents would be protected by the single storey nature of the dwellings proposed for plots two and three and the orientation of plot one and the arrangement of its fenestration, the separation distances and the existing and proposed boundary treatments.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision The increase in vehicles to the 1 Sanderson Associates, Technical Note, Response to Highway Consultation Response, 28.1.2021 2 Assessment of the potential impact of noise from vehicle movements, NoiseAssess Ltd, November 2021 https://www.gov.uk/planning-inspectorate 3

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision The increase in vehicles to the 1 Sanderson Associates, Technical Note, Response to Highway Consultation Response, 28.1.2021 2 Assessment of the potential impact of noise from vehicle movements, NoiseAssess Ltd, November 2021 https://www.gov.uk/planning-inspectorate 3

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/21/3288152 site would not be significantly different to the current situation in terms of the effect on privacy of neighbouring residents. 20. There may be some intensification of the noise and lighting at the site arising from other general activities associated with a residential use compared to its use as a garden. However, the site is within a mainly residential area. As such, the nature of that noise and lighting would not be uncharacteristic. There would be some noise and disturbance associated with the construction of the dwellings, however, this would be temporary. 21. Although not forming part of its reason for refusal, the Council’s statement of case suggests a concern with the living conditions of future occupiers of the proposed dwellings. For the same reasons as stated above, the proposed development would provide acceptable living conditions for future occupiers of the proposed dwellings. 22. The proposed development would not have an unacceptable effect on the living conditions of neighbouring residents with regard to noise and disturbance generated by vehicle movements, or from the other concerns identified.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Accordingly, it would accord with Policies H7 and DS1 of the Local Plan, which have been summarised above. It would also accord with Policy T2 of the Local Plan, which requires that all development be provided with a satisfactory access. Other Matters 23. Based on the responses from the relevant consultees and the submitted information, there is no clear evidence that harm would arise with respect to biodiversity and trees. Furthermore, I am satisfied that, where necessary, any additional measures required could be adequately secured by conditions. 24. The appellant’s highways technical note3 provides information on vehicle speeds, accidents in the vicinity and the likely additional traffic movements generated by the proposed development. The Highway Authority is satisfied that the proposed development would not result in an unacceptable impact on highway safety subject to conditions, and the balance of the evidence before me does not justify a departure from this expert view. The submitted evidence indicates that the parking provision proposed would be in accordance with the Council’s requirements, and the Highway Authority has not raised a concern in this regard. 25.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision It seems likely that refuse collection would take place from the kerbside and the submitted site plan shows the provision of a bin collection point located away from the pavement, within the site, close to where the access road meets Belton Road. The location is near to the rear garden of no. 5. The requirement for a suitable enclosure for the refuse bins could be secured by a condition to minimise harm to the living conditions of residents at this property from potential odours. 26. Public transport services may be relatively limited in the vicinity of the site. However, it is within the development limits of Epworth, a defined Market Town. The Council’s officer report identifies that Market Towns, and the urban area of Scunthorpe, are intended to cater for the majority of new residential development. It also states that Epworth, as a Market Town, is a very 3 Sanderson Associates, Technical Note, Response to Highway Consultation Response, 28.1.2021 https://www.gov.uk/planning-inspectorate 4

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/21/3288152 sustainable settlement with a range of services and facilities to support new housing. I observed that the range of services and facilities in the town would meet many of the day to day needs of residents, and that the site is within a reasonable walking distance of these. 27. I note that these issues did not form part of the Council’s case at appeal. Therefore, whilst I acknowledge those points, they are nevertheless insufficient to outweigh or alter my reasoning regarding the overall acceptability of the scheme. Conditions 28. I have considered the conditions suggested by the Council, having regard to the six tests set out in the National Planning Policy Framework, and have amended the wording of certain conditions in that light (without altering their fundamental aims). 29. As well as the standard time condition, and for certainty, one is required to ensure that the development is carried out in accordance with the approved plans. 30. A number of conditions are required prior to commencement of development to ensure that the relevant details are acceptable and compliance with their requirements at a later time could result in unacceptable harm.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision A condition requiring a flood risk statement and drainage strategy is necessary given the risk of localised flooding identified, to ensure that the development does not lead to an increased risk of flooding on the site or elsewhere, to protect water quality, and to ensure the implementation and future maintenance of sustainable drainage structures. In the interest of public health and safety and in line with Policy DS7 of the Local Plan, a scheme to address land contamination risks is necessary. A protected species method statement is necessary to conserve and enhance biodiversity and in line with Policies CS5 and CS17 of the CS. 31. A condition to safeguard protected trees is necessary. To conserve and enhance biodiversity and in line with Policies CS5 and CS17 of the CS, a biodiversity management plan is necessary. 32. In the interests of the character and appearance of the area and in line with Policy DS1 of the Local Plan, details of external materials are necessary.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision For the same reason and to ensure acceptable living conditions for future occupiers, it is necessary to removed rights for works permitted to take place without the need for express planning permission on a selective basis, referring to those parts of the GPDO4 concerned with enlargement or extension of dwellings (including additions or alterations to the roof), outbuildings or enclosures. 33. Details of the boundary treatments are necessary in the interests of the living conditions of existing residents and in line with Policy DS1 of the Local Plan. For the same reason, details of the bin collection point are necessary. 34. To ensure a satisfactory means of access to the site, that adequate provision is made for on-site parking in line with Policies T2 and T19 of the Local Plan, and in the interests of the living conditions of residents, a condition requiring details 4 Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) https://www.gov.uk/planning-inspectorate 5

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — Appeal Decision Appeal Decision APP/Y2003/W/21/3288152 of the surfacing of the site access and the parking and turning facilities and their completion is necessary. Conclusion 35. For the reasons given above, having considered the development plan as a whole along with all other relevant material considerations, I conclude that the appeal should succeed.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson INSPECTOR https://www.gov.uk/planning-inspectorate 6

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson INSPECTOR https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/Y2003/W/21/3288152 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: 20-036-1 Location Plan; 20-036-2 Rev C Site Plan; 20-036-3 Plot 1; 20-036-6 Garage Plot 1; 20-036-04 Rev A Plot 2; 20-036-05 Rev B Plot 3; 20-036-7 Additional Garage. 3. No development shall commence until a detailed flood risk statement and drainage strategy has been submitted to and approved in writing by the local planning authority. This should outline all sources of flood risk (including surface water, ground water and ordinary watercourse) and proposals to mitigate this and include preliminary drainage layout plans. SuDS should be considered. Full ground investigations must be carried out, along with a feasibility assessment for infiltration. Infiltration tests should comprise full-scale tests to demonstrate long-term effectiveness and suitability. The dwellings hereby permitted shall not be first occupied until the approved details have been provided and shall be retained thereafter. 4.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson No development shall commence until an assessment of the risks posed by any contamination shall have been submitted to and approved in writing by the local planning authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with the Environment Agency’s Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent Model Procedures if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall include: a) a survey of the extent, scale and nature of contamination; b) the potential risks to: • human health; • property (existing or proposed) including buildings, pets, woodland and service lines and pipes; • adjoining land; • ground waters and surface waters; and • ecological systems. No development shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme shall have been submitted to and approved in writing by the local planning authority.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use. The approved remediation scheme shall be carried out, and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority, before the development hereby permitted is first occupied. https://www.gov.uk/planning-inspectorate 7

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson Appeal Decision APP/Y2003/W/21/3288152 Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued. 5. No development shall commence until a protected species method statement has been submitted to and approved in writing by the local planning authority. The method statement shall include details of measures to avoid harm to hedgehogs, bats and nesting birds during vegetation clearance and construction works. The development hereby permitted shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter. 6.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson Within three months of the commencement of development, a biodiversity management plan shall be submitted to and approved in writing by the local planning authority. The plan shall include: a) details of at least two bat roosting features to be installed; b) details of nesting sites to be installed to support house sparrows and starlings; c) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats; d) prescriptions for the planting and aftercare of native trees and shrubs of high biodiversity value; e) proposed timings for the above works in relation to the completion of the dwellings hereby permitted. The development hereby permitted shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter. Photographs of the installed bat roosting and bird nesting features and planted trees and shrubs shall be submitted to the local planning authority within two weeks of installation. 7) No above-ground works shall take place until details have been submitted to and approved in writing by the local planning authority of the make, type and colour of all external facing materials for the development.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson The development hereby permitted shall be carried out in accordance with the approved details and retained thereafter. 8) No above-ground works shall take place until details of the hard surfacing materials to be used for the vehicular access, vehicle parking and turning spaces have been submitted to and approved in writing by the local planning authority. The vehicular access, vehicle parking and turning spaces shall be completed in accordance with the approved details before the dwellings are first occupied and shall be retained for such purposes thereafter. 9) The development hereby permitted shall be carried out in accordance with the mitigation measures set out in the Arboricultural Method Statement for Tree Protection reference 211120/CHE prepared by Urban Arborist, including that during construction, no plant, equipment or materials shall be placed within the https://www.gov.uk/planning-inspectorate 8

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson Appeal Decision APP/Y2003/W/21/3288152 root protection areas of the existing trees protected by a tree preservation order. The root protection areas shall be calculated in accordance with BS5837:2012. 10) The dwellings hereby permitted shall not be first occupied until details of the positions, design, materials and type of boundary treatment to be built/planted have been submitted to and approved in writing by the local planning authority. The approved boundary treatment shall be built/planted before the dwellings are first occupied and shall be retained thereafter. 11) The dwellings hereby permitted shall not be first occupied until enclosure details for the bin collection point have been submitted to and approved in writing by the local planning authority. The enclosure shall be made/constructed in accordance with the approved details before the dwellings are first occupied and shall be retained thereafter.

7 Belton Road, Epworth, Doncaster, DN9 1JL — North Lincolnshire Council — F Wilkinson 12) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revising, revoking and re-enacting that Order with or without modification), there shall be no enlargement or extension of the dwellings (including additions or alterations to the roofs) hereby permitted, or any buildings or enclosures within their curtilages. https://www.gov.uk/planning-inspectorate 9