52 Fallowfield, Ampthill, BEDFORD, MK45 2TP

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision Site visit made on 18 July 2022 by B Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 8 August 2022 Appeal Ref: APP/P0240/W/22/3291241 52 Fallowfield, Ampthill, BEDFORD MK45 2TP • 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 George Andrew Potter against the decision of Central Bedfordshire Council. • The application Ref CB/21/02730/FULL, dated 9 June 2021, was refused by notice dated 3 November 2021. • The development proposed is Detailed planning application for: Residential redevelopment consisting of extension and alteration of existing dwelling, creation of a new detached dwelling and a single garage with associated parking and driveway at 52 Fallowfield, Ampthill, Bedford MK45 2TP. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • The effect of the proposed development on the character and appearance of the area, and • The effect of the proposal on ecological interests. Reasons Character and appearance 3. Fallowfield is a residential street within a large village.

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision Housing consists of a diverse range of designs and types that mostly comprises of detached houses and bungalows. Plots sizes vary in depth but have relatively regimented plot widths. These predominately include clearly defined front building lines and a perimeter block pattern of development where rear gardens are adjacent to other rear gardens. The site includes mature trees to its rear and north-west boundary. These complement the wider tree groups evident in gardens beyond the rear and side of the site. Consequently, the appeal site, in combination with neighbouring gardens, has a verdant and spacious character. The site therefore makes a positive contribution towards the open and spacious character and appearance of the area. 4. The development for the district includes the Central Bedfordshire Local Plan (2021)(LP). Policy HQ1 of the LP relates to the Council’s objective to seek high quality development. This does not exclude a single dwelling, such as proposed, from these requirements. Furthermore, Section 12 of the National https://www.gov.uk/planning-inspectorate

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/22/3291241 Planning Policy Framework (The Framework) also relates to all sizes of development and is therefore a material consideration with respect to the proposal. 5. LP Policy HQ8 refers to back land development. This seeks to resist proposals that are contrary to the existing pattern and grain of development and would harm the character and appearance of an area. This policy therefore goes beyond simply describing back land development and instead provides the Council’s expectations for when it would find development to be appropriate. Furthermore, this policy does not seek to prevent all back land development but requires an assessment of the context of the site and the effect of the proposal on the surrounding area to be undertaken. Furthermore, figure 1.4 of the Council’s Design Guide (2014) identifies that development should contribute positively to the creation of a sense of place and respect local distinctiveness through design, layout, use of materials and planting. 6. The proposed dwelling would not share a front building line with neighbouring development. It would be located behind existing built form in a back land location.

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision Its siting would conflict with the established pattern of development and would be inconsistent with the predominant character of the area. Furthermore, the proposed development would have a comparatively large footprint, with a significant provision of hardstanding. Therefore, the proposal would also result in the substantial erosion of the spacious character of the site and its positive relationship with the surrounding area. 7. The proposed dwelling would only have a limited impact on the streetscene due to its set back. Nevertheless, its driveway would be readily apparent, and this would undermine the character of the area irrespective of the proposal’s discrete siting. Therefore, whilst the proposal would be similar in style and design to adjacent bungalows, its placement within the site would not follow the established pattern of local development. 8. As such, the proposal would conflict with LP policies HQ1 and HQ8, the Framework and the Central Bedfordshire Design Guide. The policies seek, among other matters, for development to reinforce local distinctiveness and be sympathetic to local character. Ecology issues 9.

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision The site is within an amber impact risk zone for Great Crested Newts (GCNs) offering a reasonable likelihood of the species being present on site. GCNs are protected under the Conservation of Habitats and Species Regulations 2017 (as amended). LP Policy EE3 states that development proposals will be permitted where they avoid negative impacts on biodiversity. The supporting commentary states that developers must check the presence of protected species on development sites and seek professional advice to ensure that their proposals safeguard any protected species identified. Furthermore, the Framework seeks planning decisions to enhance the natural environment by minimising impacts on biodiversity. 10. This matter was not raised by the Council during its consideration of the previously refused scheme. Nonetheless, it has been drawn to my attention and is therefore a material consideration in this case. As such, a GCN survey would be required. This would enable a decision maker to consider the impact https://www.gov.uk/planning-inspectorate 2

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/22/3291241 of development on protected and priority species, and to avoid or mitigate any impacts, as sought by the Planning Practice Guidance. 11. The appellant’s submitted Ecological Assessment is associated with a large development area for housing that is located to the south of the site. Whilst this found no GCN activity, it was undertaken 10 years ago, and I can therefore only ascribe it limited weight due to its age. 12. The Council’s ecologist identified that the site includes two ponds, a wet ditch within 250 metres and a further pond within 500 metres. During my visit I noted only one pond on site, this was close to the house and was fully drained. I am cognisant that the Council’s ecologist found the on-site pond to be unsuitable for GCNs. Nevertheless, in the absence of a GCN survey I find that the off-site pond and wet ditch, identified by the Council, could be GCN habitats. It would therefore be necessary to undertake a reptile survey to identify the potential risk of harm to GCNs. Consequently, there is insufficient evidence to conclude that GCNs would not be affected by the proposal. 13.

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision As a result, the proposal would conflict with LP policy EE3 and the Framework for the above reasons. Other Matters 14. The site is within the settlement limits of Ampthill. Development within the settlement is supported by LP policy SP7. This supports development in Major Service Centres, such as Ampthill, that is proportionate to the scale of the settlement. The proposal would accord with this policy. The proposal would also be well located for future occupiers to benefit from access to goods and services and public transport. 15. The proposal did not raise objection from any of the Council’s consultees other than it’s appointed ecologist. However, an absence of harm in these respects can only be considered as neutral factors in the planning balance. 16. The appellant refers to a scheme that was granted1 for a dwelling in a back land position in 2021. The Council identifies that it was materially different to the appeal scheme. I have not been provided with any details of the plans, or its local settlement pattern, to understand the site’s context. However, that scheme, some distance from the appeal site, does not form part of this proposal’s local context.

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — Appeal Decision Consequently, the approved scheme does not establish a clear precedent that could be applied to this proposal. Planning Balance and Conclusion 17. The Framework seeks to boost the supply of housing. The site is within a settlement boundary where development would be supported in principle. However, these locational benefits would be limited and outweighed by its impact on the area and biodiversity interests. Accordingly, the proposal would conflict with the development plan when taken as a whole and for the above reasons, the appeal is dismissed.

52 Fallowfield, Ampthill, BEDFORD, MK45 2TP — Central Bedfordshire — B Plenty INSPECTOR 1 Planning Application Reference CB/21/01117/OUT https://www.gov.uk/planning-inspectorate 3