Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Site visit made on 20 June 2023 by J Somers BSocSci (Planning) MA (HEC) MRTPI IHBC an Inspector appointed by the Secretary of State. Decision date:12 July 2023 Appeal Ref: APP/W3520/W/22/3310678 Land at Dovedale Close, Badwell Ash IP31 3EY • 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 D Jones against the decision of Mid Suffolk Council. • The application Ref DC/22/03207, dated 25 July 2022, was refused by notice dated 16 September 2022. • The development proposed is described as the proposed erection of three residential dwellings. Decision 1. The appeal is allowed and planning permission is granted for the proposed erection of three residential dwellings; at Land at Dovedale Close, Badwell Ash IP31 3EY; in accordance with the terms of the application Ref: DC/22/03207, dated 25 July 2022, subject to the conditions in the attached annex to this letter. Preliminary Matters 2.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision The Council’s Reason for Refusal in the Decision notice refers to ‘it is considered that in the circumstances of this application the direction of new housing development to more sustainable locations is of greater weight than the delivery of one additional dwelling in a less sustainable location.’ Given that the application description concerns the construction of 3 dwellings, the reference to ‘one dwelling’ appears to have been made in error and should read as ‘three dwellings.’ I have made my decision on this basis. 3. There is commentary within Council’s Statement of Case (SoC) where final comments have been received which has details of the Babergh and Mid Suffolk Joint Local Plan (BMSLP) which when adopted would replace the saved policies of the Mid Suffolk Local Plan. In my application of paragraph 48 of the National Planning Policy Framework (the Framework), whilst the BMSLP is not part of the adopted development plan, it is currently undergoing examination, a modification consultation and has been subject to comments from the examining Inspector. I am also aware of comments from the appellant whereby there appears to be a number of unresolved objections to the plan.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision I am also mindful that the examining Inspector may wish to re-open the examination to hear further evidence and as such could result in further changes and additions to emerging policies and accompanying text. Based upon this, I will afford the BMSLP limited weight in this appeal decision. 4. The Planning Officer’s Report details consideration of a number of elements such as design, character and appearance and living conditions which are considered to be compliant with the policies of the Development Plan. I have https://www.gov.uk/planning-inspectorate 1

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision I am also mindful that the examining Inspector may wish to re-open the examination to hear further evidence and as such could result in further changes and additions to emerging policies and accompanying text. Based upon this, I will afford the BMSLP limited weight in this appeal decision. 4. The Planning Officer’s Report details consideration of a number of elements such as design, character and appearance and living conditions which are considered to be compliant with the policies of the Development Plan. I have https://www.gov.uk/planning-inspectorate 1

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Appeal Decision: APP/W3520/W/22/3310678 no reason to revisit these considerations and will base this letter on the matter in dispute which relates to the sustainability credentials of the site and the principle of development. 5. In the appellant’s Statement of Case (SoC) there is a traffic report1 and accompanying amended plan2 which according to the appellant was submitted prior to the determination, however was not assessed as a result of there not being enough time to consult the highways team. The need for the report is to resolve a holding objection by the Highways team which sought further traffic management data. The reasons for refusal do not cite any highways safety issues. When judging this information in accordance with the ‘Wheatcroft principles3’, I see no prejudice towards either party in accepting this information and will base my decision upon it. Main Issue 6. The main issue is whether the proposal would provide a suitable site for development, having regard to its location in conjunction with the Housing Strategy of the area. Reasons 7. According to the Council reason for refusal, the proposal hinges on its compliance with important Saved Mid Suffolk Core Strategy 2008 (CS) policies CS1 and CS2.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Policy CS1 is an important housing policy which seeks to ensure development is situated in accordance to the settlement hierarchy, where Badwell Ash is listed as a Primary Settlement where the majority of development is directed within the settlement boundary. Additionally, the policy seeks that development outside the settlement boundary is designated as open countryside will only be permitted to particular types of development that support the rural economy. Saved CS Policy CS2 is an important housing policy that relates to development within the countryside and countryside villages and seeks to restrict development to certain types of development, eg agriculture, recreation, extensions etc. 8. However, I also note that by virtue of the requirement of restrictions on growth outside settlement boundaries, there would be a direct conflict to paragraph 78 and 79 of the Framework which seek to encourage development of rural housing for new housing in settlements where they are able to support the facilities of another settlement.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Whilst the settlement hierarchy component of CS Saved Policy CS1 is in line with the Framework, the remainder of the policy which sets rigid requirements on the types of development outside of settlement boundaries is out of date with the Framework. Similarly, Saved CS Policy CS2 also conflicts with the Framework due to the rigidity around uses which does not support rural housing in line with the Framework. Policy CS2 is too out of date when having regard to the direction of the Framework.4 9. Another important Housing Strategy Policy is Saved Mid Suffolk Local Plan 1998 (LP) saved Policy H7 which seeks that development of housing would normally be part of existing settlements, and that there will be strict controls of housing 1 Traffic Report – Proposed New Development Land at Dovedale Close, Badwell Ash. By Ian Booth, Dated 21/10/2022 2 ‘Proposed Entrance Details,’ Dwg. No. TL-4710-22-4D, Dated June 2022 3 Bernard Wheatcroft Ltd v SSE [JPL 1982 P37] 4 I note that a similar conclusion was made with regards to the status of Policies CS1 and CS2 in Planning Appeal: APP/W3520/W/18/3194926 https://www.gov.uk/planning-inspectorate 2

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Appeal Decision: APP/W3520/W/22/3310678 outside settlement boundaries. As per the discussion above, there are elements of the policy such as directing new housing to existing settlements that would appear loosely to accord with the framework, whereby components of restrictions regarding settlement boundaries not aligning with the direction of the Framework and would be out of date. I also note reference within the appeal documents to Mid Suffolk Core Strategy Focused Review (CSFR) Policies FC1 and FC1.1 which apply the presumption in favour of sustainable development where the Council will seek to grant permission without delay, unless material considerations indicate otherwise. These policies are made in accordance with the Framework. 10. Whilst I appreciate the Council’s position which according to appeal documents they have 9.54 years of housing supply, this does not preclude the need under Paragraph 11 of the Framework to undertake the tilted balance in the presumption in favour of sustainable development where policies of the development plan are out of date.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Whilst footnote 7 to Paragraph 11d includes the need for a Council to demonstrate a 5 year supply of land, this is not the limit or trigger of the need to exercise the balancing exercise which must consider the framework and development plan taken as a whole. 11. Paragraph 105 of the Framework also stresses the importance of provision of sustainable transport modes and travel choice. It also recognises that opportunities to maximise sustainable transport solutions will vary between urban and rural areas, and this should be taken into account in decision- making as per Paragraph 110 of the Framework. 12. In assessing the suitability of the proposed scheme in terms of its accessibility and reliance on private vehicle, the appeal site is not ‘isolated’ considering relevant case law5 as the site is located to the periphery of a small settlement known as Badwell Ash, has development on both sides of the site and would be more appreciated as an infill site along Dovedale Close which is a relatively modern residential development to each side of the appeal site. 13. In terms of facilities, Badwell Ash has a church, public house, and a convenience store which can cater for the day to day needs of residents.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Whilst there is a bus stop on the main street which can be access from a footpath which ends a few metres from the junction of Dovedale Close, the frequency is very poor given that there are a handful of buses a day in either direction to nearby settlements. 14. It is clear that future occupants would be dependant upon private vehicles to access the services of nearby villages, however it would not be such a long journey. Whilst there are little opportunities for public transport to access surrounding villages, in this particular location the addition of three dwellings would not add significantly to the journeys which already occur from this location. 15. Balanced against the identified conflict with out of date policies of the Development Plan I give substantial weight to the provision of 3 market dwellings on a site which is visually and functionally well related to the existing village and would be experienced as more of an infill development, than an isolated development or extension to the settlement. 5 Braintree District Council v Secretary of State for Communities and Local Government, Greyread Limited & Granville Development Limited [2017]. https://www.gov.uk/planning-inspectorate 3

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Appeal Decision: APP/W3520/W/22/3310678 16. Paragraph 69 of the Framework encourages the bringing forward small sites and supports the development of windfall sites through their policies and decisions – giving great weight to the benefits of using suitable sites within existing settlements. This comprises a great social benefit in that the development would support the need to boost the supply and delivery of dwellings. 17. I have also attached moderate weight in terms of the economic benefits that would arise from the development such as the short term provision of labour for the construction of the dwellings and the socio-economic benefits from the future occupants which would increase local expenditure. The proposal would also provide a Wildlife Habitat Area with increased planting to the periphery of the development which would also deliver environmental benefits to which I afford moderate weight to. 18.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Taking all of these matters into account, including all other material considerations, I find that the impacts of granting planning permission would not significantly and demonstrably outweigh the benefits of the proposed development when assessed against the policies in the Framework as a whole and that the proposal represents sustainable development. On this basis a decision, other than in accordance with the development plan is justified and therefore the appeal should be allowed. Other Matters 19. A consultation response was submitted to the application from the Highways Team6 which raises a holding objection with relation to the submitted visibility splays. The consultation seeks that a traffic report is submitted which may result in a reduction of visibility splays if it can be shown that the 85th Percentile is significantly lower than the signed speed limit. A traffic report has been submitted which has undertaken a speed survey for 1 week from September 8 2022. Northbound traffic averaged 34.6 mph, southbound traffic averaged 35.9 mph with a combined average of 35.2mph, whereby the 85th Percentile was significantly below the posted speed limit of 60mph.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Given the lack of accident record for the site, it is concluded in the report that there are no highway safety issues from the proposed development and that a reduction of visibility splays was considered appropriate. The Traffic Report does provide a convincing argument to the reduction in visibility splays which is considered appropriate for this appeal site. 20. I note comments from interested parties with regards to concerns such as surface water flooding, lack of maintenance of Dovedale Close, Lack of street lighting in Dovedale Close; Highway Safety; Lack of pavements; overlooking from Plot 1 into the rear garden and rear doors of High Gardens; Loss of outlook to neighbouring dwellings; light pollution from vehicles entering/existing driveway; traffic and noise from the development; capacity of sewerage pumping station; harm to existing habitats, and loss of views. 21. The maintenance issues of Dovedale Close, loss of views, capacity of sewerage pumping station, lack of street lighting and footpaths are not planning matters that are associated with this appeal and are therefore not part of the determination.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Plot 1 as proposed is a bungalow, with accommodation in the roof space which are illuminated by rooflights mounted at a height of over 1.7 6 Suffolk County Council consultation response to DC/22/03207, Dated 29th July 2022 https://www.gov.uk/planning-inspectorate 4

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Plot 1 as proposed is a bungalow, with accommodation in the roof space which are illuminated by rooflights mounted at a height of over 1.7 6 Suffolk County Council consultation response to DC/22/03207, Dated 29th July 2022 https://www.gov.uk/planning-inspectorate 4

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Appeal Decision: APP/W3520/W/22/3310678 metres from ground level. Given that the boundary fences are an appropriate height, there would be no overlooking towards the neighbouring property at High Gardens. Light pollution would be typical for a residential environment such as this and would not lead to material detriment to living conditions. 22. With regards to outlook, there is enough separation distances to neighbouring properties in order to avoid perceptions of enclosure with an appropriate access to natural light and outlook for this residential environment. The proposal seeks the retention of wildlife habitat and an associated landscape plan which should not result in the loss or harm to biodiversity. With regards to flood risk, a flood risk assessment7 was submitted with the application that concluded that the appeal site has a low risk of flooding and has suggested mitigation measures which hare to be implemented as part of the development. This is considered acceptable. A construction management plan will be requested in order to ensure that noise and traffic levels as a result of the construction of the development are appropriate. Conclusion and conditions 23.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision I conclude that the proposal is generally appropriate on the basis of the reasons discussed and subject to the conditions listed in the annex of this letter. 24. I have had regard to the context of the Framework and the National Planning Practice Guidance which advises that conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. The Council has forwarded a list of proposed conditions should the appeal be allowed, in which the appellant has also agreed8 to their placement on the permission. 25. Suggested Condition 1 is a standard time limit condition for the commencement of works and Suggested Condition 2 details the approved plans, however does not specify the plans that are approved. For the avoidance of doubt I have amended this condition to specify the approved plans. As amended, both conditions are standard conditions which are necessary and are required for the avoidance of doubt. Suggested Conditions 3 seeks that a landscaping plan is submitted and approved and Suggested Condition 4 seeks to ensure this is maintained.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Given the need to reinforce net gains in biodiversity and with the wildlife site behind the development, these are necessary conditions which would meet the test of conditions. Suggested Condition 5 seeks that recommendations as presented in the Arboricultural Impact Assessment & Method Statement are carried out which is considered appropriate to avoid the impacts towards trees and would meet the test of conditions. 26. Suggested Condition 6 is a prior commencement condition that seeks the submission of a sustainability and energy statement that guides the construction and resultant development. This is a necessary condition which seeks to reduce the footprint of development and is a necessary condition to be prior to the commencement, given that measures need to be approved prior to the development occurring. The way that the suggested condition is written 7 By Evans Rivers and Coastal Ltd, Dated July 2022, Ref: 2974/RE/07-22/01 8 Email from Appellant to Pins, Dated 4 July 2023 https://www.gov.uk/planning-inspectorate 5

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Appeal Decision: APP/W3520/W/22/3310678 contains a large amount of superfluous information, and has therefore been amended to list the key points of what is required in the strategy. This prior to commencement conditions has been approved by the appellant. Suggested condition 7 seeks to ensure appropriate visibility splays and the removal of permitted development rights to ensure nothing is erected within the splays. This is in the interests of highway safety and is considered a necessary condition to add to the permission. The condition has been amended to the revised figures as discussed in this letter and as per the approved Entrance Details Plan. 27. Suggested Condition 8 seeks that the other components of the development are not undertaken until the access is laid out. This is considered appropriate and would meet the tests of conditions. Suggested conditions 9, 10, 11 and 12 relate to the laying out of the final bounded access, parking areas, cycle storage, charging points, and bin storage areas.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — Appeal Decision Suggested Conditions 13 requests a Construction Management Plan which seeks to ensure satisfactory construction of the scheme to avoid harm to living conditions as well as to ensure that the development does not impact upon the condition of the highway. This condition is considered appropriate as a pre-commencement condition as it would need to be implemented prior to the development occurring and would meet the tests of conditions. Suggested Condition 14 seeks the submission of materials which will ensure the development is appropriate and blends into the character and appearance of the locality. Whilst limited details of materials are submitted with the application, this condition would ensure that more detail is provided. It therefore meets the test of conditions.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers INSPECTOR https://www.gov.uk/planning-inspectorate 6

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers INSPECTOR https://www.gov.uk/planning-inspectorate 6 ANNEX: Schedule of Conditions 1) The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: • ‘Proposed Entrance Details,’ Dwg No. TL-4710-22-4D, Dated June 2022; • ‘Proposed Plot 1,’ Dwg No. TL-4710-22-5, Dated June 2022; • ‘Proposed Plot 2,’ Dwg No. TL-4710-22-6, Dated June 2022; • ‘Proposed Plot 3,’ Dwg No. TL-4710-22-7, Dated June 2022; • ‘Proposed Site Plan,’ Dwg No. TL-4710-22-3B, Dated June 2022; • ‘Proposed Entrance Details,’ Dwg No. TL-4710-22-4D, Dated June 2022; 3) No development above slab level shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a detailed scheme of hard, soft and boundary treatment landscaping works for the site, which shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained. NB. All new planning proposed will be expected to be native species.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers 4) All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out in full during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be approved, in writing, by the Local Planning Authority up to the first use or first occupation of the development. Any trees, hedges, shrubs or turf identified within the approved landscaping details (both proposed planting and existing) which die, are removed, seriously damaged or seriously diseased, within a period of 10 years of being planted or in the case of existing planting within a period of 5 years from the commencement of development, shall be replaced in the next planting season with others of similar size and species. 5) The development hereby approved shall be undertaken fully in accordance with the Tree protection measures, as detailed in the accompanying Arboricultural Impact Assessment (Oakfield Arboricultural Services Ref: OAS 22-084-AR01 - July 2022 - Rev A).

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers 6) Prior to the commencement of the development a Sustainability and Energy Strategy is to be submitted and approved in writing by the Local Planning Authority. The strategy should include: • A scheme for the provision and implementation of water, energy and resource efficiency measures, during the construction and operational phases of the development; • A clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed and the measures provided and made available for use in accordance with such timetable as may be agree; • How the development will minimise the environmental impact during construction and occupation (as per policy CS3, and NPPF)) including details on environmentally friendly materials, construction techniques minimisation of carbon emissions and running costs and reduced use of potable water (suggested maximum of 105ltr per person per day). https://www.gov.uk/planning-inspectorate 1

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers Appeal Decision: APP/W3520/W/22/3310678 • Clearly set out the unqualified commitments the applicant is willing to undertake on the topics of energy and water conservation, CO2 reduction, resource conservation, use of sustainable materials and provision for electric vehicles; • Details as to the provision for electric vehicles should also be included 7) Before the access is first used, vehicular visibility splays shall be provided as shown on Drawing No. TL-4710-22-2D with an X dimension of 2.0 metres and a Y dimension of 57 metres in the North direction and an X dimension of 2.4 metres and a Y dimension 53 metres in the South direction to the nearside edge of the carriageway and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers 8) No other part of the development hereby permitted shall be commenced until the new vehicular access has been laid out and completed in all respects in accordance with Drawing No. TL-4710-22-3B with a minimum entrance width of 4.5 metres for a shared access. Thereafter it shall be retained in its approved form. 9) Prior to the development hereby permitted being first occupied, the new vehicular access onto the highway shall be properly surfaced with a bound material for a minimum distance of 5 metres measured from the nearside edge of the metalled carriageway, in accordance with details that shall have previously been submitted to and approved in writing by the Local Planning Authority. 10) The use shall not commence until the area(s) within the site shown on Drawing No. TL-4710-22-3B for the purposes of manoeuvring and parking of vehicles including electric vehicle charging infrastructure has been provided and thereafter that area(s) shall be retained and used for no other purposes. 11) The use shall not commence until the area(s) within the site shown on Drawing No.

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers TL-4710-22-3B for the purposes of secure cycle storage has been provided and thereafter the area(s) shall be retained, maintained, and used for no other purposes. 12) The areas to be provided for the storage and presentation for collection/ emptying of refuse and recycling bins as shown on Drawing No. TL-4710-22-3B shall be provided in their entirety before the development is brought into use and shall be retained thereafter for no other purpose. 13) Prior to the implementation of this permission, a Construction Management Strategy shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on site. The strategy shall include access and parking arrangements for contractors vehicles and delivery vehicles (locations and times) and a methodology for avoiding soil from the site tracking onto the highway together with a strategy for remedy of this should it occur. The development shall only take place in accordance with the approved strategy. 14) No development/works shall be commenced above slab level until precise details of the manufacturer and types and colours of the external facing and https://www.gov.uk/planning-inspectorate 8

Land At Dovedale Close, Badwell Ash, Bury St Edmunds, Suffolk, IP31 3EY — Mid Suffolk District Council — J Somers Appeal Decision: APP/W3520/W/22/3310678 roofing materials to be used in construction have been submitted to and approved, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development and fully applied prior to the first use/occupation. https://www.gov.uk/planning-inspectorate 9