Land at Birch Lane, Flaunden, HP3 0PT

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Site visit made on 2 August 2022 by Paul Martinson BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 12 September 2022 Appeal Ref: APP/A1910/W/22/3294485 Land at Birch Lane, Flaunden HP3 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 Mrs Jacqui Sander against the decision of Dacorum Borough Council. • The application Ref 20/01889/FUL, dated 9 July 2020, was refused by notice dated 10 September 2021. • The development proposed is described as a new dwelling Decision 1. The appeal is allowed and planning permission is granted for a new dwelling at Land at Birch Lane, Flaunden HP3 0PT in accordance with the terms of the application, Ref 20/01889/FUL, dated 9 July 2020, subject to the conditions set out in the attached schedule. Preliminary Matters 2. The appellant has provided an amended site location plan as part of the appeal submission. This more accurately reflects the appellant’s ownership following concerns expressed by local residents. I am therefore satisfied that no party would be prejudiced if I were to take these into account.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision I am therefore considering the appeal on the basis of this revised plan. Main Issues 3. The main issues are: • whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies; • whether the proposed development would provide adequate living conditions for future occupants with particular regard to garden provision; and • whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal. Reasons Whether Inappropriate Development 4. The Framework identifies that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. It goes on to state https://www.gov.uk/planning-inspectorate

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/22/3294485 that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. The Framework further establishes that the construction of new buildings in the Green Belt should be regarded as inappropriate, subject to a number of exceptions as set out in paragraph 149. These exceptions include at: 149. e) limited infilling in villages. 5. The appeal site is an enclosed garden area and detached garage that lie adjacent to Birch Lane, Flaunden. Having regard to its size and the facilities present, including a church, village hall and at least one public house, I am satisfied that Flaunden is a village. 6. The appeal site lies close to an annexe building associated with 96/97 Flaunden and a cluster of dwellings around a crossroads to the south. There are semi- detached dwellings on the opposite side of the road to the appeal site extending further north along Birch Road. Residential development also extends to the east of the appeal site.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Whilst there is a field directly to the north of the appeal site, I am satisfied that, having regard to the presence of built form and the situation on the ground, the appeal site lies within the village of Flaunden. 7. Limited infilling is not defined in the Framework. However, I am directed to paragraph 8.34 of the Dacorum Core Strategy (2013) (the CS) which defines infill as: ‘a form of development whereby buildings, most frequently dwellings, are proposed or constructed within a gap along a clearly identifiable built-up frontage or within a group of buildings.’ These are nonetheless logical parameters to have regard to in terms of defining infilling. 8. The proposal would involve the construction of a detached dwelling between the existing garage and the annexe. Both the garage and the annexe front Birch Lane and are prominent within the streetscene, lying close to the road edge. As such, this constitutes a clearly identifiable frontage. The proposed dwelling would be sited in the gap between these two buildings and therefore the appeal site can be regarded as ‘limited infilling in villages’, meeting the exception listed at paragraph 149. e) of the Framework. 9.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision The proposal is therefore not inappropriate development in the Green Belt. As I have not found that Green Belt harm would arise in this case, it is not necessary to consider the effect of the proposed development on Green Belt openness. Additionally, the demonstration of very special circumstances is not required to make the proposed development acceptable. Living Conditions 10. The appeal site is garden land that was formerly used in association with 94 Flaunden, the dwelling beyond the annexe to the south. The appellant has provided evidence that this has been used separately to 94 Flaunden since 2011. The outdoor space serving No 94 has been limited to a modest sized courtyard area since that time. 11. The guidance contained within the Saved Appendix 3 of the Dacorum Local Plan (2004) (SPD) states that private gardens should have an average minimum depth of 11.5 metres. A reduced rear garden depth may be acceptable for small starter homes, homes for the elderly and development backing onto or in close proximity, to open land, public open space or other amenity land. https://www.gov.uk/planning-inspectorate 2

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/22/3294485 12. However, No 94 is a modest sized 2 bedroom cottage in a historic setting, located in a tight knit terrace of similar properties. The courtyard is private and provides reasonable space for sitting out as well as refuse storage which takes place in an alleyway. The Council’s Committee Report and the appellant refer to the proximity of the appeal site to the area of public open space adjacent to the village, whilst I note from my site visit that there are public footpaths accessible from the village, including the Chiltern Way. As such, I am satisfied that a reduced garden depth would not be unacceptable in this instance, in accordance with the SPD, and that the proposed development would ensure adequate living conditions for future occupants of that property. 13. Local residents have raised concern with regard to refuse storage. Previously wheelie bins associated with No 94 were stored on the appeal site. However the appellant has provided evidence that these can be accommodated within the alleyway to the rear of the property.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Being located adjacent to the rear door, in the least useable part of the outdoor space, the storage of refuse in this location would not significantly inconvenience future occupants of No 94. 14. I therefore conclude that the proposed development would provide adequate living conditions for future occupants with particular regard to garden provision. The proposal would comply with the provisions of the SPD in this regard. Other Matters 15. The site lies within the Flaunden Conservation Area (the CA). Whilst the Council has not identified any harm to the CA in its reasons for refusal, Section 72(1) of the Act1 requires decision makers to have special regard to the desirability of preserving or enhancing the character or appearance of the Conservation Area. This is a matter to which I have attached considerable importance and weight. 16. In this regard I note that the dwelling is of a modest scale and proposes the use of traditional materials that would be reflective of the character of the area. The existing boundary hedge would be retained, whilst the general appearance and form of the dwelling would be reflective of the adjacent cottages and the wider CA.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision This is supported by no objections received from the Council’s Conservation Officer. I therefore conclude that, subject to acceptable details provided through planning conditions, the proposal would preserve the character and appearance of the CA. 17. The appeal site is located near to the Grade II listed buildings of 94, 96/97, 98, 99, 100, 101 and 102 Flaunden. Sections 16 and 66 of the Act require decision- makers to have special regard to the setting of a listed building. The Framework also requires consideration of the effect of development on the setting of a heritage asset. The special interest of a heritage asset derives not only from its physical presence and historic fabric but also from its setting which comprises the surroundings in which it is experienced. 18. The setting to the buildings includes the open spaces around them such as their enclosed front gardens as well as the gardens to the north. Notwithstanding any historic association between the appeal site and No 94, due to the presence of the large intervening annexe building and associated enclosed parking and garden areas, the contribution of the appeal site to the 1 Planning (Listed Buildings and Conservation Areas) Act 1990.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/A1910/W/22/3294485 setting of the listed buildings is limited. Indeed, due to the position of the annexe, the listed buildings are barely visible in views from within the appeal site. The contribution of the appeal site to the significance of the Grade II listed buildings is therefore limited. 19. Whilst the proposed building would perhaps be seen forming the backdrop to the listed buildings in views from the nearby crossroads it would be seen in association with the annexe and, given its modest scale and sympathetic architectural detailing, it would preserve the setting of the listed buildings in accordance with the requirements of s66(1) of the Act. 20. Concerns have been expressed by local residents that the development of the appeal site would result in the loss of a parking area for No 94. However, from the evidence before me, this parking area does not appear to have been used by occupants of No 94 since 2011. No 94 Flaunden is a modest dwelling in a terrace of similar properties, which tend not to have in-curtilage parking. On the site visit, although only a snapshot in time, I saw that there were available spaces for parking along Birch Road.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision No objections have been raised by the Highway Authority in this regard. I am therefore satisfied that the proposal would not lead to level of demand for parking that would adversely effect highway safety or significantly inconvenience local residents. In coming to this conclusion, I have had regard to paragraph 111 of the Framework which sets out that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. 21. Local residents have also raised concern over the effect of the proposed development on the living conditions of the occupiers of neighbouring properties. However, due to its siting away from nearby dwellings, and being set back from boundaries, the proposal would not adversely affect their outlook. Similarly, due to its siting and the arrangement of windows on the proposed building, I am satisfied that the proposal would not adversely affect the privacy of the occupiers of neighbouring properties. Conditions 22.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision I have considered the conditions suggested by the Council in its Committee Report in the light of the tests and advice within the Framework and the Planning Practice Guidance. I have also limited the number of pre- commencement clauses to those cases where this is essential for the condition to achieve its purpose and I have sought the agreement of the appellant where required. Conditions are necessary in respect of commencement time and relating the development to the submitted plans. Precise details of external materials are required in the interests of providing certainty, ensuring the dwelling is well related to the adjacent buildings and preserves the character and appearance of the CA. A sample panel of the flint masonry is necessary in this regard. 23. The Council’s Environmental Health Officer has advised that there is potential for contamination. Therefore, in the interests of the protection of public health and safety, I have imposed a condition requiring submission of a risk assessment with regard to contaminated land. This is a proportionate approach to the potential implications of any risks, having had regard to the provisions of https://www.gov.uk/planning-inspectorate 4

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/22/3294485 the PPG2 in that respect. I have shortened the suggested condition in the interests of brevity. 24. Given the proposed siting of the dwelling within a group of buildings with a distinctive character, even relatively minor alterations to the proposed dwelling may adversely affect the character of the area. Having regard to the location within the CA, it is therefore justifiable, in this instance, with regard to the guidance contained within the PPG, to remove permitted development rights for extensions and other such alterations, including boundary treatments, painting of the exterior of the building and the provision of a new vehicular access. Nonetheless, controlling outbuildings is unnecessary as there are adequate provisions within the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) which would prevent outbuildings being constructed forward of the principal elevation and side elevations of the dwelling. Furthermore, I have removed references to Class AA and Class B of Part 1 of Schedule 2 of the GPDO, as the development contained within these classes is not permitted in Conservation Areas in any case. 25.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Appeal Decision Similarly, given that the garage forms part of the parking associated with the dwelling, I have included a condition that it remains available for such use I the future. 26. Having regard to the comments of the Conservation Officer, I have imposed a condition requiring no external meter boxes to be installed on the front elevation. Conclusion 27. For the reasons given above, having considered the development plan as a whole, the approach in the Framework and all other relevant material considerations, I conclude that the appeal should be allowed subject to the conditions below.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Paul Martinson INSPECTOR 2 Reference ID: 33-009-20190722. https://www.gov.uk/planning-inspectorate 5

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Paul Martinson INSPECTOR 2 Reference ID: 33-009-20190722. https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/A1910/W/22/3294485 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: 7233-01 Rev A, Environmental Report (dated 7th November 2011), Refuse Location Plan, 7233-02 Rev B, Site Location Plan, Site Plan Rev B, Renewable and Sustainable Measures document, Site Contamination Report, Sustainability Checklist, Streetscene Plan. 3) No development shall take place until an investigation and risk assessment has been submitted to and approved in writing by the local planning authority. The submitted report shall include: i) A Preliminary Risk Assessment report (phase 1), including a conceptual model that indicates sources pathways and receptors; ii) Where potential risks are identified by the Preliminary Risk Assessment, a Phase 2 Site Investigation report shall also be submitted to and approved in writing by the local planning authority prior to commencement of development.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Paul Martinson The investigation shall address the nature, degree and distribution of land contamination on site and shall include an identification and assessment of the risk to receptors focusing primarily on risks to human health, groundwater and the wider environment; and iii) If any contamination is found, a Remediation Method Statement report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures and timescale and a Remediation Verification report shall be submitted to and approved in writing by the local planning authority prior to the first occupation of any of the dwellings hereby approved. 4) Other than in respect of site preparation and groundworks, no development hereby permitted shall commence until samples or details of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted including roof tiles and rainwater goods have been submitted to and approved in writing by the Local Planning Authority.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Paul Martinson The development shall be carried out in accordance with the approved samples or details and shall thereafter be retained as such. 5) All proposed masonry shall be carried out in accordance with a sample panel of the proposed masonry including a corner which shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of the brick and flint and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority before any masonry works commence and shall be retained for verification purposes until the completion of such works. 6) 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 https://www.gov.uk/planning-inspectorate 6

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Paul Martinson Appeal Decision APP/A1910/W/22/3294485 local planning authority. These approved schemes shall be carried out before the development is resumed or continued. 7) There shall be no external meter boxes installed on the front elevation facing the highway of the building hereby approved. 8) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any order revoking and re-enacting that Order with or without modification), none of the development described within the following Classes shall be undertaken in respect of the dwellings hereby permitted: Part 1, Class A: enlargement, improvement or other alteration of a dwellinghouse; Part 2, Class A - The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure; Part 2, Class B - means of access to a highway; Part 2, Class C - exterior painting.

Land at Birch Lane, Flaunden, HP3 0PT — Dacorum Borough Council — Paul Martinson 9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any Order revoking or re-enacting that Order with or without modification), the existing garage shown on the approved plans, shall be kept available at all times for the parking of vehicles associated with the residential occupation of the dwelling and shall not be converted or adapted to form living accommodation without a planning application first having been submitted to and approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 7