Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Appeal Decision Site visit made on 25 March 2024 by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 5 April 2024 Appeal Ref: APP/C3240/W/23/3330943 Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, TF7 5SU • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by RSA Developments Limited against the decision of Telford and Wrekin Council. • The application Ref is TWC/2022/0503. • The development proposed is described as “erection of 5no. bungalows/dormer bungalows.” 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 proposed development on protected trees, with particular regards to the living conditions of future occupiers. Reasons Character and Appearance 3. The appeal site is located in a predominantly residential area characterised by evenly spaced detached dwellings on large plots, set back from the road by driveways and front gardens, creates a pleasant sense of spaciousness.

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Appeal Decision Whilst there is a variety to the design of dwellings, there is a general consistency in the use of red brick. 4. The appeal site constitutes an irregular shaped piece of land containing areas of shrubbery and landscaping and bound by trees to one side. The site is accessed from Lees Farm Drive. It narrows to a pinch-point towards Lees Farm Drive, with the wider part of the plot abutting the boundaries of No’s 46, 48 and 67 Lees Farm Drive. 5. The indicative site layout shows five detached dwellings that are arranged in a linear form, perpendicular to No 48. The layout would result in four of the dwellings having small curtilages, significantly lacking the spaciousness of others around it, leading to a much higher building to space ration. It would result in a cramped form of development which would be at odds with and erode the established development pattern and urban grain. https://www.gov.uk/planning-inspectorate

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Appeal Decision Appeal Decision APP/C3240/W/23/3330943 6. I have had regard to the planning history at the site, which could see four dwellings constructed. However, the submitted drawings detail lager plots, retaining a sense of spaciousness which is lost in the appeal before me. 7. As such, it would be contrary to Policies SP1, SP4 and BE1 of the Telford and Wrekin Local Plan 2011-2031 (2018) (LP) which seek, amongst other things, requires new development to respect and respond positively to its context and enhances the quality of the local built and natural environment. The proposed development would also be at odds with paragraphs 135 of the National Planning Policy Framework (Framework) which seeks to ensure developments are visually attractive and sympathetic to local character. Protected Trees and Living Conditions 8. The appeal site is bound to the east by a line of woodland trees that are covered by a Tree Preservation Order (TPO). The TPO also includes a tree to the south of the appeal site. 9. In assessing this issue, I have had regard to the Arboricultural Assessment and rebuttal statement undertaken by the appellant’s Arboricultural Consultant.

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Appeal Decision The assessment of the protected trees, which are mostly classed to be of moderate quality with a number of high-quality trees, includes their position depicted on a plan and the extent of their canopies, and sets out the ‘root protection area’ (RPA). 10. Although the proposed scheme involves the creation of hardstanding and the erection of the dwelling at plot 2 partly within the RPA of two of the protected trees, having regard to the Arboricultural Consultants evidence, I am satisfied that there are specialist building techniques available which could enable the development to take place physically without harming the trees. 11. However, I have concerns that the occupation of the dwellings, in particular plots 2 and 3, would still give rise to pressure on the trees from subsequent occupiers. Whilst the shadow assessment details that the proposed garden areas would not be fully overshadowed, the Arboricultural Assessment states that sunlight will reach the gardens in a dappled form through canopies. Thus, whilst some daylight would reach these gardens, it would be reduced and through a tree canopy. 12.

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Appeal Decision The main aspect to the proposed living rooms of would look towards the line of trees and their canopies which extend to a height well above the proposed dwellings. From my observations at the site visit and the orientation of the land, I consider that the height of the trees, combined with their proximity to the garden area of plots 2 and 3, would create a sense of enclosure that would have a harmful impact on the outlook and useability of the gardens. As such I agree with the Council that there is likely to be pressure to substantially reduce the height and crown of the trees to let more light into the property and garden and reduce the effects of tree litter falling into the garden. 13. I have had regard to the tree management proposals, nevertheless, the proximity of the trees to plots 2 and 3 could, in my mind, pressure works beyond this in order to gain further light and spaciousness. As such, this does not overcome the harm I have identified. 14. Taking account of all matters related to the trees and my observations on site, I find that the residential environment of the proposed dwellings at plots 2 and https://www.gov.uk/planning-inspectorate 2

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Appeal Decision Appeal Decision APP/C3240/W/23/3330943 3 would be dominated by the close presence of the existing trees to such an extent that the future well-being of the trees would be likely to be put at risk. The trees subject to the TPO make a significant positive contribution to the character and appearance of the area and their loss or diminution would harm this distinctive form. As such the proposal would not accord with LP Policies BE1 and NE2 which seek, amongst other things, seek to ensure that existing trees are retained, protected and appropriately managed. Conclusion 15. The harm I have identified above results in a conflict with the development plan, read as a whole. For the reasons given, material considerations, do not indicate that a decision should be take otherwise than in accordance with the development plan. I, therefore, conclude that the appeal should be dismissed.

Site of Lee Dingle, 48 Lees Farm Drive, Madeley, Telford, Shropshire, TF7 5SU — Telford and Wrekin Council — Tamsin Law INSPECTOR https://www.gov.uk/planning-inspectorate 3