Case 3300884

31 Blackworth, Highworth, SN6 7NA

Swindon Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
23 December 2022
Authority
Swindon Borough Council
Inspector
Jones RE
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Magnet Sales & Service Ltd
LPA reference
S/21/1598/JP
ONS LPA code
E06000030
Jurisdiction
Transferred
Link status
Not Linked
Start date
20 September 2022

Summary AI

The appeal to remove Condition 5, which requires electric vehicle charging points, was dismissed as it was deemed necessary and reasonable for the development to make it acceptable in terms of sustainable transport. The inspector considered that the provision of EV charging points would further broaden the number of sustainable travel modes that could be used to access the site and encourage the use of electric vehicles.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by R E Jones BSc (Hons) DipTP MRTPI

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — by R E Jones BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 23 December 2022

Page 1 · Chunk 1 Unit 31 Blackworth Industrial Estate, Highworth, Swindon SN6 7NA

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — Unit 31 Blackworth Industrial Estate, Highworth, Swindon SN6 7NA • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions. • The appeal is made by Magnet Sales & Service Ltd against the decision of Swindon Borough Council. • The application Ref S/21/1598/JP, dated 29 September 2021, was approved on 10 December 2021 and planning permission was granted subject to conditions. • The development permitted is erection of side and rear extension to existing building. • The condition in dispute is No 5 which states that: 5. Prior to the development being brought into use, details for the provision, installation and future management and maintenance of at least two electric vehicle charging point[s] shall be submitted to the Local Planning Authority for its approval in writing. The development shall not be occupied until the approved details have been installed, made available for use and thereafter maintained in accordance with the approved

Page 1 · Chunk 2 scheme.

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — scheme. • The reason given for the condition is: 5. To ensure that the opportunities for sustainable transport modes have been taken up in accordance with Policies TR1 and Tr2 of the Swindon Borough Local Plan 2026.

Page 1 · Chunk 3 need to ensure adequate provision of spaces for charging plug-in and other

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — need to ensure adequate provision of spaces for charging plug-in and other https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 need to ensure adequate provision of spaces for charging plug-in and other

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — need to ensure adequate provision of spaces for charging plug-in and other https://www.gov.uk/planning-inspectorate Appeal Decision APP/U3935/W/22/3300884 ultra-low emission vehicles. Development should be designed to enable such charging in safe, accessible and convenient locations. 6. Policy TR1 of the Swindon Borough Local Plan 2026 (the Local Plan) encourages, amongst other things, minimising emissions by promoting more sustainable travel choices. Similarly, Policy TR2 states that new developments should be designed to encourage the use of sustainable transport alternatives. There is no specific mention of EV charging points, however, this technology is associated with less polluting vehicles and in my view would boost the growth of sustainable travel alternatives. 7. The approved development is an extension to an existing employment use. The terms of the above policies are not limited to new employment uses or buildings, therefore I consider they are relevant to the approved scheme. 8. The appeal site provides 10 parking spaces, located to the north of the unit, with 2 EV charging spaces indicated on the approved drawing (Ref Block Plan 1:500 A4 Rev A). 9.

Page 2 · Chunk 5 need to ensure adequate provision of spaces for charging plug-in and other

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — need to ensure adequate provision of spaces for charging plug-in and other The Council’s Parking Standards for New Development guidance (February 2021) requires a minimum of 2 EV spaces or 20%, whichever is the greater, for car parking associated with employment uses. Moreover, the Local Plan supports sustainable transport alternatives and although not specifically referred to in the policies, EV charging points would encourage electric vehicle use at the site. This is consistent with the Framework in relation to reducing emissions, improving air quality and public health, and mitigating and adapting to climate change. In this case, taking into account the parking provision, the provision of 2 EV charging spaces appears reasonable. 10. It is widely recognised that the Government has committed to phasing out petrol and diesel vehicles over the next decade. This would likely result in the growth of electric vehicles and the EV charging points would provide a necessary facility at the site to cater for the increase vehicle ownership. 11. Increased availability, and visibility, of EV charging points would be expected to increase consumer confidence and encourage greater use of EVs.

Page 2 · Chunk 6 need to ensure adequate provision of spaces for charging plug-in and other

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — need to ensure adequate provision of spaces for charging plug-in and other In the absence of EV charging points, the development would fail to contribute to the sustainability aims of the Framework and the Local Plan. There would be costs associated with the provision of the charging points, but this would have been the case when they were first proposed as part of the approved scheme. 12. There are currently no employees that travel to the site by electric vehicle, while it is anticipated that more staff will be working from home in the future. These factors, in the appellant’s view, render the EV charging points unnecessary. Nonetheless, the situation is likely to change in the future given the changes proposed by the Government, and the EV charging points would be available for those existing employees who may acquire an electric vehicle in the future. Moreover, they could also be used by visitors and new employees alike, as part of a range of travel options. 13. Although the appellant indicates that the consumer supply box is a considerable distance from the proposed EV charging points there are no details of this distance or any evidence that there would be current loss because of this.

Page 2 · Chunk 7 need to ensure adequate provision of spaces for charging plug-in and other

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — need to ensure adequate provision of spaces for charging plug-in and other Besides, EV charging facilities are an established and growing https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 8 need to ensure adequate provision of spaces for charging plug-in and other

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — need to ensure adequate provision of spaces for charging plug-in and other Besides, EV charging facilities are an established and growing https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/U3935/W/22/3300884 technology, and it is probable that any technical issues can be addressed at the construction stage. 14. There are existing staff employed at the premises that currently walk, cycle or commute to work by bus. This is commended. The provision of EV charging points at the site would further broaden the number of sustainable travel modes that could be used to access the site and encourage the use of electric vehicles. 15. Therefore, I find that condition No 5 is necessary and reasonable to make the development acceptable, with particular regard to sustainable transport. The appeal proposal, to remove the condition, would conflict with the development plan and the Framework and there are no material considerations that would outweigh that conflict. Conclusion 16. For the reasons given above I conclude that the appeal should be dismissed.

Page 3 · Chunk 9 R E Jones

31 Blackworth, Highworth, SN6 7NA — Swindon Borough Council — R E Jones INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Other
Against appellant
¶3

The main issue was whether or not Condition No 5 is necessary and reasonable, in the interests of sustainable travel.

Other
For appellant
¶15

The inspector found that Condition No 5 is necessary and reasonable to make the development acceptable, with particular regard to sustainable transport.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan TR1
Substantial
Local Plan TR2
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 23 December 2022 under the Open Government Licence.