75 Bunwell Street, Bunwell, NR16 1AB

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Site visit made on 27 May 2022 By Terrence Kemmann-Lane JP DipTP FRTPI MCMI an Inspector appointed by the Secretary of State Decision date: 26 October 2022 Appeal Ref: APP/L2630/W/21/3289198 Land to the rear of 75 Bunwell Street, Bunwell, Norwich, NR16 1AB • 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 Sandra Dinneen against the decision of South Norfolk District Council. • The application Ref. 2021/1846 dated 12 August 2021, was refused by notice dated 9 November 2021. • The development proposed is the erection of a dwelling with associated works, including provision of access, parking and landscaping. Decision 1. The appeal is allowed and planning permission is granted for the erection of a dwelling with associated works, including provision of access, parking and landscaping on land to the rear of 75 Bunwell Street, Bunwell, Norwich, NR16 1AB in accordance with the terms of the application, Ref 2021/1846, dated 12 August 2021, subject to the conditions set out in the schedule at the end of this decision. Main Issue 2.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision The main issue in this case is the effect of the proposed dwelling on the character and appearance of its immediate location and surroundings in terms of its relationship with the existing dwellings, and its visibility from the street. Reasons 3. The starting point for consideration of the proposed development is the policies of the development plan. Policy DM 3.5 of the South Norfolk Development Management Policies Document (DMP), adopted in 2015, is the policy that is most germane to the issue. It supports the principle of the sub- division of existing residential plots and gardens, subject to there being no adverse impacts, and that the site is within the settlement limits. The site is within the settlement limits of Bunwell, so that the development is therefore acceptable in principle. 4. Policy DM 3.5 states: “Within development boundaries the replacement of existing dwellings and sub-division of existing residential plots and gardens to create new dwellings will be permitted provided that it: https://www.gov.uk/planning-inspectorate

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Appeal Decision APP/L2630/W/21/3289198 a) Incorporates a good quality design which maintains or enhances the character and appearance of existing buildings, street scene and surroundings; and” Items b), c), d) and e) of the policy are not in contention. 5. In the immediate vicinity of the appeal site there is no well-formed set pattern to development. The donor property (No.75) is part of a pair of semi-detached houses set close to the road. Otherwise, the bungalow to the west, No.73, is set back beyond the rear wall of No.75, and its neighbour is set further back. The next dwelling, ‘Rocky Ridge’ (No.69) to the west, is sited at the end of a long drive. There then follows 3 dwellings at a more usual distance from the road. Behind these 3 dwellings there is development in depth as part of a small estate called The Barns. To the east of the appeal site is No.79 which is set as far back as the appeal proposal. In fact the proposed dwelling is not materially further back from the road than both No.73 and No.79. The development on the other side of Bunwell Street, to the south, is rather more typical of frontage development, but that does not affect the considerations related to the issue. 6.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision In terms of the extent to which the proposed bungalow would impinge on the streetscene, it would clearly be visible when viewed immediately in the vicinity of the entrance to the host dwelling and its neighbour at No.73, and when approaching Bunwell Street down North Road, which has a junction almost immediately opposite the appeal site. This situation is somewhat similar to that at Rocky Ridge, mentioned above, where the 2 storey house, further back from the road than the appeal bungalow, can be viewed down its access drive and across the adjoining front garden. 7. Therefore I find that the proposal would not be contrary to the character and appearance of its immediate location and surroundings. Since both the host dwelling and the proposed bungalow would have adequate open space around them, I do not consider that the proposed development would appear cramped. Rather, the development would make effective use of land, in a gap between properties. Other matters 8. The proposed access is directly to the side of the existing house passing two habitable room windows and French doors and the main part of the host dwelling’s private amenity space, but this could be mitigated by the provision of fencing. 9.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision The council has reconsidered its previous view that the extant approval for the host property, which includes a new garage to the rear, would need to be revoked if approval were granted, since it is now accepted that the construction of the appeal development would remove the possibility of also building the garage on the appeal site. 10. I note that a concern has been raised by a commercial operator at the rear of the appeal site, but the curtilage of the appeal bungalow is no closer than the other immediate residential curtilages, so that I do not share the view that there may be additional conflict between the different uses. 11. Paragraph 69 of the National Planning Policy Framework (the Framework) states that small and medium sized sites can make an important contribution https://www.gov.uk/planning-inspectorate 2

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Appeal Decision APP/L2630/W/21/3289198 to meeting the housing requirement of an area, and can often be built-out relatively quickly, which is a consideration that stands in support of the appeal. New matters raised by the council after the submission of the appeal Nutrient pollution of the Broads Special Area of Conservation (SAC) and the River Wensum SAC. 12. In its statement in response to the appeal, the council has referred to additional material considerations that have arisen since the date of the decision on the application. On 16 March 2022, the government’s Chief Planner wrote to local planning authorities affected by nutrient pollution, including South Norfolk Council. This followed advice from Natural England about the adverse effect that nutrient pollution is having on Habitats Sites within the district, namely the Broads Special Area of Conservation (SAC) and the River Wensum SAC. This letter explains that Natural England has issued its advice where Habitats Sites are in an unfavourable conservation status and additional nutrient loads, such as from development, may have an adverse effect.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision The advice is that planning applications and plans affecting such sites should be carefully considered and mitigation should be used to ensure that there are no adverse effects in order to meet the requirements of the Conservation of Species and Habitats Regulations 2017 (as amended). 13. The appeal site is within the area where adverse effects on the Broads SAC may occur, and accordingly the possibility of additional nutrient loading from the proposed development must be considered along with any necessary mitigations to ensure nutrient neutrality. The council considers that insufficient information has been provided to demonstrate nutrient neutrality with regard to its nitrate and phosphate impact on the Broads SAC. Thus the proposal fails to meet the requirements of the Conservation of Species and Habitats Regulations 2017 (as amended) and the aims of Policy DM4.4. The Norfolk Green Infrastructure and Recreational impact Avoidance and Mitigation Strategy 14.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision In addition to the above, since the appeal application was determined, South Norfolk and Broadland Councils have resolved to adopt the Norfolk Green Infrastructure and Recreational impact Avoidance and Mitigation Strategy (GIRAMS) and to begin collecting contributions from development in accordance with the requirements of Policy 3 of the emerging Greater Norwich Local Plan. These contributions will be sought from 1 April 2022 and comprise payment of the Recreational Avoidance Mitigation tariff of £185.93 per dwelling. The collection of these contributions enable the Council to conclude through a Habitat Regulation Assessment (HRA) that a development will not have any adverse impact on the integrity of a Habitats Site as a result of increased recreational usage. In such cases the council requires entry into a unilateral undertaking to secure the required payment. 15. I have sought the views of the appellant on this, and the council’s response to those views. Having taken account of both, I deal with recreation impact avoidance first. I note that the GIRAMS would not require refusal of the application as the council policy allows for financial contributions to address the impacts.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Whilst the council uses unilateral undertakings to collect https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/L2630/W/21/3289198 payment for this requirement, the appellant asks for the matter to be dealt with by a condition. Government guidance includes the statement that it | may be possible to use a negatively worded condition to prohibit | | --- | | development authorised by the planning permission until a specified action | | has been taken (for example, entering into a planning obligation requiring | | the payment of a financial contribution [Paragraph: 005 Reference ID: 21a | | 005-20190723]). | 005-20190723]).

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision 005-20190723]). | Thus the condition suggested on behalf of the appellant would ensure that, | | --- | | for the development to proceed, the council’s preferred unilateral | fuonrd tehreta dkeinvge lwopomuledn ht atvoe p troo cbeee de,n ttehree cdo iunntoc.il ’Is apmre fseartriesfdie udn tilhaatet rtahli s would | deal with the matter, such that, as the competent authority, the council | | --- | | would be able to satisfy itself that the |

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision | deal with the matter, such that, as the competent authority, the council | | --- | | would be able to satisfy itself that the | wtoo eunlds ubree atbhlaet tsou fsfaictiiesfnyt imtsietilgf athtiaotn t ihse p drouvtyid uepdo ang tahines lto acanly p ilmanpnaicntgs wauhtihchor ity might arise upon the designated sites has been met, having had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017. I am also satisfied that this condition would meet all 6 tests set out in paragraph 55 of the Framework, including test 6 – reasonable in all other respects. 17. Turning to nutrient neutrality, the council dismisses a condition, as suggested by the appellant, on the basis that imposition of a condition without sufficient information/mitigation upfront would not meet the requirements of the regulations based on current understanding because insufficient information would be available to make the decision.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision | | Regulation 63(6) states “In considering whether a plan or projec | | --- | --- | | will adversely affect the integrity of the site, the competent authority must | | | have regard to the manner in which it is proposed to be carried out or to any | | | conditions or restrictions subject to which it proposes that the consent, | | | permission or other authorisation should be given”. And Regulation | | | 70(2) states “Where the assessment provisions apply, the competent | | | authority may, if it considers that any adverse effects of the plan or project | | | on the integrity of a European site or a European offshore marine site woul | | | be avoided if the planning permission were subject to conditions or | |

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision | | Regulation 63(6) states “In considering whether a plan or projec | | --- | --- | | will adversely affect the integrity of the site, the competent authority must | | | have regard to the manner in which it is proposed to be carried out or to any | | | conditions or restrictions subject to which it proposes that the consent, | | | permission or other authorisation should be given”. And Regulation | | | 70(2) states “Where the assessment provisions apply, the competent | | | authority may, if it considers that any adverse effects of the plan or project | | | on the integrity of a European site or a European offshore marine site woul | | | be avoided if the planning permission were subject to conditions or | | blime iatvaotiiodnesd, igf rtahnet ppllaannnniinngg ppeerrmmiissssiioonn ,w oerr,e a ssu tbhjee ccta tsoe cmonady itbioe,n sta okre action

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision blime iatvaotiiodnesd, igf rtahnet ppllaannnniinngg ppeerrmmiissssiioonn ,w oerr,e a ssu tbhjee ccta tsoe cmonady itbioe,n sta okre action | which results in planning permission being granted or deemed to be granted, | | --- | | subject to those conditions or limitations”. | subject to those conditions or limitations”.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision subject to those conditions or limitations”. | Bearing in mind these regulations, a pre-commencement condition requirin | | --- | | the submission of a water efficiency calculation, and a mitigation package | | addressing the additional nutrient input from the development, together with | | a requirement for its implementation would ensure that no permitted | | development could take place in the absence of a satisfactory scheme and its | | implementation. It would be for the council as appropriate authority to | | determine whether or not the mitigation package would meet the | | requirements of the regulations. In the event that was considered that it di | | not meet the regulation’s requirements, the permission would be of no effect | | unless and until an alternative scheme was put forward. |

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Conclusions 20. For the reason that I have set out in paragraphs 3 to 7 above, I find that the reason given by the council in its decision notice does not justify the refusal of planning permission. Further, the matters that were raised by the council https://www.gov.uk/planning-inspectorate 4

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Conclusions 20. For the reason that I have set out in paragraphs 3 to 7 above, I find that the reason given by the council in its decision notice does not justify the refusal of planning permission. Further, the matters that were raised by the council https://www.gov.uk/planning-inspectorate 4

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Appeal Decision APP/L2630/W/21/3289198 after the appeal was made have been considered. For the reasons that I have given in paragraphs 15 to 19, I have decided that they can be dealt with by conditions. Thus there would be no harmful effect of the proposed dwelling on the character and appearance of its immediate location and surroundings in terms of its relationship with the existing dwellings, and its visibility from the street, and measures can be taken to ensure no adverse effect would arise of nutrient pollution, nor from recreational inputs, from the development on Habitats Sites within the district, by way of conditions. Conditions 21. In addition to the conditions mentioned above, the Council has suggested a number of conditions in the event that the appeal is upheld. I have considered these in the light of Planning Practice Guidance (PPG). For clarity and to ensure compliance with the PPG I have amended some of the text. 22.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision I consider that conditions should be imposed for the following reasons: condition 2 is required for certainty and avoidance of doubt as to the development permitted; condition 3 is to ensure that the appearance of the development permitted integrates with the existing in a visually satisfactory manner; condition 4 is to ensure adequate screening to the development and privacy of neighbours; condition 5 is to ensure adequate surface water drainage is provided to avoid any risk of flooding; condition 6 is to ensure that there is adequate foul drainage to the development to prevent pollution; condition 7 is to ensure adequate parking facilities are provided to safeguard the safety and convenience of users of the highway; condition 8 is to ensure that the local planning authority has control over development that would otherwise be permitted under the Town and Country Planning (General Permitted Development) (England) Order 2015 in view of the limited extent of the site and the possibility of harmful effects on the living conditions of residential occupiers in the vicinity; and conditions 9 and 10 are necessary for the reasons given in paragraphs 15 to 19 above. 23.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Appeal Decision Conditions 9 and 10 are ‘pre-commencement’ conditions which can only be imposed with the consent of the applicant/appellant, as the case may be. Since the conditions were proposed by the appellant, such agreement is implied without any reason for doubt.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane INSPECTOR https://www.gov.uk/planning-inspectorate 5

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane INSPECTOR https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/L2630/W/21/3289198 Schedule of CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development shall be carried out in accordance with the details shown on drawing reference PL03 REV K – Proposed Plans and Site Location. 3) Development shall not progress above slab level until details, including samples and colours, of the materials used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The materials to be used in the development shall be in accordance with the approved details and retained in perpetuity unless otherwise agreed in writing with the local planning authority. 4) Development shall not progress above slab level until details of the boundary treatments proposed for the external boundaries of the site have been submitted to and approved in writing by the local planning authority. The treatments shall then be installed in accordance with the approved details prior to the first occupation of the development and retained as such.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane 5) The development hereby permitted shall not proceed beyond excavation of foundation stage until full details of the means of sustainable surface water drainage being submitted to and agreed in writing by the local planning authority. The details should include the results from percolation tests if appropriate and incorporate installation of water efficiency and water saving devices such as rain saver systems. The development shall be carried out in accordance with the agreed details prior to its first occupation and shall be retained as such thereafter. 6) No foul drainage from the development hereby approved shall be discharged other than to the main sewer. The foul water disposal shall be implemented prior to the first occupation and retained as such thereafter. 7) Prior to the first occupation of the development hereby permitted the proposed on-site car parking and turning area shall be laid out in accordance with the approved plan and retained thereafter available for that specific use.

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane 8) No enlargement, improvement or other alterations of the dwelling/s [Class A]; no additions or alterations to the roof/s [Class B & C]; or any other works as defined by Classes A, B and C of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) (with or without modification), shall be erected or brought onto the land unless an appropriate planning application is first submitted to and approved by the local planning authority. 9) The development hereby permitted shall not be commenced until:

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane 8) No enlargement, improvement or other alterations of the dwelling/s [Class A]; no additions or alterations to the roof/s [Class B & C]; or any other works as defined by Classes A, B and C of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) (with or without modification), shall be erected or brought onto the land unless an appropriate planning application is first submitted to and approved by the local planning authority. 9) The development hereby permitted shall not be commenced until: | (i) A water efficiency calculation in accordance with the Government's | | --- | | National Calculation Methodology for assessing water efficiency in new | | dwellings has been undertaken which demonstrates that no more than | | 110 litres of water per person per day shall be consumed within the | | development, and this calculation has been submitted to, and approved |

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane | (i) A water efficiency calculation in accordance with the Government's | | --- | | National Calculation Methodology for assessing water efficiency in new | | dwellings has been undertaken which demonstrates that no more than | | 110 litres of water per person per day shall be consumed within the | | development, and this calculation has been submitted to, and approved | development, and this calculation has been submitted to, and approved https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/L2630/W/21/3289198

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane Appeal Decision APP/L2630/W/21/3289198 | in writing by, the local planning authority; all measures necessary to | | --- | | meet the agreed waste water efficiency calculation must be installed | | before first occupation and retained thereafter; and | | (ii) A mitigation package addressing the additional nutrient input arising | | from the development has been submitted to, and approved in writing by | | the local planning authority. Such mitigation package shall address all of | | the additional nutrient load imposed on protected European Sites by the | | development when fully occupied and shall allow the local planning | | authority to ascertain on the basis of the best available scientific | | evidence that such additional nutrient loading will not have an adverse | | effect on the integrity of the protected European Sites, having regard to | | the conservation objectives for those sites; and | | (iii) The mitigation package shall be implemented prior to the first | | occupation of the development hereby permitted and the mitigation | | package shall be retained and maintained thereafter. |

75 Bunwell Street, Bunwell, NR16 1AB — South Norfolk District Council — Terrence Kemmann-Lane 10) The development hereby permitted shall not be commenced until proposals for the mitigation of the impact of the development on protected Norfolk European Sites have been submitted to and approved in writing by the local planning authority, which shall include evidence of completion of the required legal agreement to secure the proposed mitigation. Such proposals must provide for mitigation in accordance with the Norfolk Green Infrastructure and Recreational impact Avoidance and Mitigation Strategy, or for mitigation to at least an equivalent effect. End of Schedule https://www.gov.uk/planning-inspectorate 7