The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Site visit made on 19 September 2023 by J White BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 20th October 2023 Appeal Ref: APP/Q3305/W/23/3318670 The Willows, Glastonbury Road, Meare, Glastonbury BA6 9SN • 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 T Moon against the decision of Mendip District Council. • The application Ref 2022/0512/FUL, dated 11 March 2022, was refused by notice dated 22 September 2022. • The development proposed is erection of a 3-bedroom dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. Mendip District Council has merged with other Councils into Somerset Unitary Authority, with the individual development plans remaining relevant. As Mendip District Council made the decision on the original application, I have referred to that name above. 3. Since the Council made its decision, on 5 September 2023, a revised version of the National Planning Policy Framework (the Framework) has been issued.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision However, the only substantive revisions relate to national policy for onshore wind development in England, and I am satisfied that the changes to national planning policy do not materially affect this appeal. I have taken the Framework into account in reaching my decision. 4. As part of the appeal, the appellant has submitted revised plans which were not before the Council when it determined the application. The revised plans include written dimensions to the highway and amendments to the roof plan to reflect drawing number S6189 120. The Council and interested parties have been able to comment on these plans as part of the appeal process, and I do not consider that the minor changes would materially alter the nature of the scheme or result in prejudice to any party. In these circumstances, I have taken the amended plans into consideration. 5. The Council refused the proposal for four reasons. The first reason concerns the effect on the integrity of the Somerset Levels and Moors Ramsar site, with particular reference to phosphate loading. Notwithstanding, as I am dismissing the appeal for other reasons, I will deal with this matter later in this decision, rather than as a main issue. Main Issues 6.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision The main issues are the effect of the proposed development upon: • The character and appearance of the area; https://www.gov.uk/planning-inspectorate

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision The main issues are the effect of the proposed development upon: • The character and appearance of the area; https://www.gov.uk/planning-inspectorate

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Appeal Decision APP/Q3305/W/23/3318670 • The living conditions of occupiers of 6, 8 and 10 Glastonbury Road (Nos 6, 8 and 10) with particular regard to outlook and privacy; and, • Surface water drainage in order to minimise flood risk and protect water quality. Reasons Character and appearance 7. The appeal site is located within the front garden of The Willows, which together with its neighbour, Linhay, have well-sized linear front gardens. The site lies within a predominately residential area towards the eastern extremity of the village. The surrounding area comprises a mix of different property types, including detached, semi-detached and terraced dwellings of varying ages. Despite the presence of dwellings either side of The Willows and Linhay, which are typically arranged perpendicular and close to the road, the properties in the locality are mainly set back from and face onto Glastonbury Road. These are set within large plots, giving the area a pleasant spacious and open feel. Properties are generally punctuated by small gaps that help define the varied architectural form and scale of buildings found in the area. 8.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Even though there is a varied building line, the siting of the proposed dwelling in front of the Willows and within its front garden would be incongruous in the vicinity, where no comparable examples of such development exist. Whilst there are dwellings which lie close to the road, the spacious quality created by the front garden of the appeal site is conspicuous from the highway and maintains the prevailing pattern of development. The plot size of the proposed dwelling would consequently be disproportionately small when compared with the predominant pattern and rhythm of development along the road frontage. The proposal would therefore introduce substantial built form in front of The Willows, which would provide a cramped aspect within views from the road and from neighbouring dwellings. 9. As a result of these factors the development would be out of keeping with the area’s prevailing settlement pattern and would erode the distinctive spacious and open feel. Whilst I note the appellant’s explanation that the proposal would use similar design features and materials to those of surrounding dwellings, this would not overcome the harm I have identified, which arise from the proposal’s location and plot size. 10.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision For these reasons, I conclude on this main issue that the proposal would cause harm to the character and appearance of the area. As such, the appeal scheme would be in conflict with Policies DP1 and DP7 of the Mendip District Local Plan 2006-2029 (adopted 2014) (the MDLP), which amongst other things, require development to positively contribute to the maintenance and enhancement of local identity and support high quality design that is of a scale, mass, form and layout appropriate to the local context. The proposal would also conflict with the provisions under Chapter 12 of the Framework in relation to achieving well- designed places. 11. My attention has been drawn to the National Design Guide. However, for the above reasons, the development would also be inconsistent with the overarching design principles of the National Design Guide. https://www.gov.uk/planning-inspectorate 2

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Appeal Decision APP/Q3305/W/23/3318670 Living conditions 12. The properties of Nos 6, 8 and 10 lie to the northern side. These are a row of three two-storey terraced dwellings that have a common boundary with the appeal site. Due to the presence of gardens either side and at the appeal site, the rear elevation of the terrace of dwellings and their garden spaces have a sense of openness. 13. I noticed during my site visit that the boundary of the appeal site with Nos 8 and 10 comprised a timber panel fence, and the boundary with No 6 was predominately a chain-link fence. Each of these neighbours has first floor windows with an outlook toward the appeal site, as well as over the neighbouring gardens. There is already a mutual degree of overlooking between the residential properties, which is common within many more built up areas. 14. Even though the proposed dwelling would be lower in height than the terraced dwellings, it would be positioned in close proximity to the rear elevations and common boundary, particularly in relation to No 8.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Notwithstanding the intervening boundary treatments and the presence of some vegetation, due to the proximity and scale of the proposal, it would be noticeable in rear views from these dwellings. Further, as the proposed dwelling would extend along a large proportion of the shared boundary with No 8 and be in close proximity to its rear elevation, the proposal would be significant in terms of creating a dominant and obtrusive development in relation to that property. This would result in an undue sense of enclosure causing significant harm to neighbouring occupiers living conditions of No 8 with particular regard to outlook. 15. Notwithstanding, due to the proposed position of the dwelling, which would be at an angle to Nos 6 and 10, and where there would be a greater sense of separation compared with No 8, the proposal would not harm the outlook of Nos 6 and 10. 16. The proposed dwelling would be placed to face Glastonbury Road and would not have any windows within its side elevation towards Nos 6, 8 and 10. The rear dormer window would be positioned centrally within the roof slope, serve a bathroom and would be obscured glazed.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision The dormer windows to the front would be oblique to the terraced dwellings and would be unlikely to give rise to a greater degree of overlooking than at present. Consequently, the appeal scheme would not result in a significant degree of overlooking and would not significantly impact on the privacy of the occupiers of Nos 6, 8 and 10. 17. Nonetheless, I conclude that the proposal would have a significant harmful effect on the living conditions of occupiers of No 8 with particular regard to outlook. Therefore, with regard to this main issue, there would be conflict with Policy DP7 of the MDLP, which amongst other things, seeks to protect the amenity of users of neighbouring buildings and land uses. 18. The appeal scheme would also be contrary to the guidance contained in the Design and Amenity of New Development; Guidance for interpretation of Local Plan Policy DP7 (adopted March 2022), which amongst other things seeks to ensure the amenity of current and new occupiers is protected. For similar reasons, the proposal would conflict with the provisions under Chapter 12 of the Framework in relation to creating places that promote health and well- being, with a high standard of amenity for existing and future users.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision https://www.gov.uk/planning-inspectorate 3

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/Q3305/W/23/3318670 19. In its reason for refusal the Council has also referred to MDLP Policy DP8. However, as this policy covers broader principles for environmental protection, it is not determinative for this main issue. Surface water drainage 20. The site is located within Flood Zone 1, which based on the Environment Agency’s definition is land having a less than 1 in 1000 annual probability of river or sea flooding. MDLP Policy DP23 requires development proposals to incorporate appropriate water management measures to reduce surface water run-off and ensure that it does not increase flood risk elsewhere. MDLP Policy DP8 requires that development does not give rise to unacceptable adverse environmental impacts on the quality of water resources. 21. The site is categorised by the Council as having a very low risk of surface water flooding and the submitted details propose that a soakaway would be used to manage surface water. However, the Land Drainage Engineer has identified that the soils mapping indicates that the site lies within an area of loamy and clayey floodplain soils with a naturally high groundwater. 22.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision In that context, there is little substantive evidence to demonstrate that the soil conditions on the site are suitable for infiltration or that the area is unlikely to have a variable flood risk. I acknowledge the appellant’s comments regarding the proportionate nature of providing specific surface water drainage details, however, given the provisions of the policies set out above, it is necessary for appropriate provision for surface water drainage to be evidenced. 23. Therefore, concerns remain and relate to lack of evidence demonstrating that infiltration is feasible in the context of the appeal scheme and likely ground water levels. As such, the feasibility of the proposal’s surface water drainage solution is unproven, and on the balance of probabilities the risk of surface water flooding persists. 24. There is a need to consider the use of planning conditions that might otherwise make the proposal acceptable. However, it would not be appropriate to condition matters that are fundamental to determining whether something is feasible or not. This is because there would be too much uncertainty about whether the condition could ever be complied with, or whether the planning permission could ever be implemented. 25.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Very limited information has been provided in respect of surface water drainage to satisfactorily demonstrate that the proposed development could meet the requirements of MDLP Policy DP23. 26. Consequently, with regard to this main issue, I am not satisfied that the proposal would comply with Policies DP23 and DP8 of the MDLP which, in summary, seeks to ensure that development proposals do not increase the risk of flooding or harm the quality of water resources. This is consistent with the objectives of the Framework insofar as flood risk is concerned. Other Matters 27. The proposed dwelling would fall within the catchment flowing into the Somerset Levels and Moors Ramsar site, an inland wetland which provides important habitat for rare aquatic invertebrates. There is a known issue with nutrients entering the watercourses and adversely affecting environmental https://www.gov.uk/planning-inspectorate 4

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Appeal Decision APP/Q3305/W/23/3318670 conditions for these species. Any new housing development will result in an increase in phosphates contained within foul water discharge. As the designated site is in ‘unfavourable’ condition, any increase including from single dwellings, is seen as significant either alone or in combination with other developments. Habitats Regulations Assessment (HRA) would therefore be required prior to any grant of planning permission. However, given my overall conclusion, whilst I acknowledge that the appellant has suggested a pre- commencement condition, there is no need to consider the implications upon the Ramsar site because the scheme is unacceptable for other reasons. 28. The fact that the site is not within a conservation area, or the curtilage of a listed building does not undermine the value of the character and appearance of the area. I acknowledge the appellant’s view that the proposal would provide a family home with good living conditions. However, the benefits are limited by the scale of the proposal and, accordingly, are of limited weight. Planning Balance 29.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision The starting point for any planning decision is Section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires decisions to be made in accordance with the development plan unless material considerations indicate otherwise. 30. There would be benefits with the construction of a dwelling in a village location with good access to facilities and services to serve the day to day needs of prospective residents. Given only one dwelling is proposed, the contribution would be limited, and I give this factor modest weight. There would be benefits arising from the construction period and future spend of occupants giving support to local services and facilities. Nevertheless, as construction benefits would be short term, and given the scale of the proposal, these factors attract little weight. 31. The proposal would significantly harm the character and appearance of the area and living conditions of the occupiers of No 8. Further there is insufficient evidence to demonstrate that the proposal would not lead to an increase in the risk of flooding.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision The Framework advises that development should not increase flood risk and that the creation of high-quality buildings and places is fundamental to what the planning process should achieve. It also states that developments should be sympathetic to local character and provide a high standard of amenity for existing users. Paragraph 219 of the Framework is clear that the weight to be given to local policies depends on their consistency with the Framework. 32. The proposed development would conflict with Policies DP1, DP7, DP8 and DP23 of the development plan and it as a whole. I give conflict with these policies substantial weight as they are generally consistent with the Framework. 33. The Council accepts that it is not possible to demonstrate a five-year housing land supply at present. The application of policies in the Framework that protect areas or assets of particular importance do not provide a clear reason for refusing the development proposed, as outlined in paragraph 11d)i. Therefore, the presumption in favour of sustainable development outlined in Paragraph 11d)ii of the Framework is engaged. https://www.gov.uk/planning-inspectorate 5

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision Appeal Decision APP/Q3305/W/23/3318670 34. The proposal would align with the aims of the Framework to significantly boost the supply of housing and that small-scale developments can make an important contribution to meeting the housing requirement and different types of need (paragraphs 60 and 69). As the proposal is for one dwelling, there would be modest benefit. 35. There would be economic and social benefits from the build and occupation of the dwelling as well as support for local services, facilities and the community. Such benefits would be minimal given the size of the development, and I give each limited weight. A finding of no harm in relation to living conditions of occupiers of Nos 6 and 10 weighs neither for nor against the appeal scheme. 36. Despite the acknowledged benefits identified by the appellant, the scheme would cause significant harm to the character and appearance of the area and living conditions of the occupiers of No 8. There is insufficient evidence to demonstrate that the proposal would not lead to an increase in the risk of flooding. These are harms which attract considerable weight respectively and would outweigh the benefits of the proposal.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — Appeal Decision The appeal scheme would be contrary to the Framework where it seeks to ensure proposals are sympathetic to local character and provide a high standard of amenity for existing and future users (paragraph 130) and seeks to ensure flood risk is not increased elsewhere (paragraph 167). 37. Overall, having considered the above factors, the adverse impacts of the development would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework as a whole. Conclusion 38. For the reasons given above, the scheme would conflict with the development plan and the Framework when considered as a whole. There are no material planning considerations identified, individually or cumulatively, which are of such weight to indicate a decision should be made other than in accordance with the development plan. Therefore, for the reasons given above, the appeal should be dismissed.

The Willows, Glastonbury Road, Meare, Glastonbury, Somerset, BA6 9SN — Mendip District Council * — J White INSPECTOR https://www.gov.uk/planning-inspectorate 6