49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Site visit made on 20 August 2024 by A Veevers BA(Hons) PGDipBCon MRTPI an Inspector appointed by the Secretary of State Decision date: 20 September 2024 Appeal Ref: APP/K3415/W/24/3338005 49 Gaia Lane, Lichfield, Staffordshire WS13 7LR • 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 Mr Nigel Massey against the decision of Lichfield District Council. • The application Ref is 23/01068/FUL. • The development proposed is partial demolition and alteration of existing dwelling and erection of a new detached dwelling and associated works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The site is located within the influence of the Cannock Chase Special Area of Conservation which is a European Designated Site afforded protection under the Conservation of Habitats and Species Regulations 2017 (as amended) (the Habitat Regulations). The Appellant has provided a unilateral undertaking (UU) under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure a financial contribution towards mitigating the effects of the proposal on the SAC.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision The Council has had an opportunity to comment on the UU and I have also consulted Natural England on the proposal and the proposed mitigation. I am satisfied that no party has been prejudiced in this regard. 3. The appeal site is located within the wider setting of Lichfield Cathedral, a Grade I Listed Building, and the Lichfield Conservation Area (the CA). As such I have had special regard to sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act). 4. A Tree Shade Diagram, Ref: TSD Rev 0 was submitted as part of the appeal. The Council and third parties have had the opportunity to comment on this plan as part of the appeals process and I have therefore taken it into account in determining this appeal. Main Issue 5. The main issue is the effect of the proposed development on the character and appearance of the area, including the CA, and living conditions for future occupiers, with particular regard to protected trees. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Reasons Site context 6. Gaia Lane is characterised by predominantly residential plots with dwellings of varying typology and age. The lane is narrow and there is significant mature vegetation associated with its boundaries. 7. The CA is extensive and includes the city centre retail core, along with the cathedral and streets extending outward to include residential development. The appellant’s appeal statement and Design and Access Statement1 notes that the appeal site sits in ‘Character Area 7’ of the CA, within which the streets retain historic building lines and street patterns which enable the wide variety of ages and styles of properties to present a coherent character. These characteristics are evident singly or in combination along some sections of Gaia Lane, but I noticed considerable variation along different sections and in particular, in the vicinity of the site, where more recent housing development sits amongst traditional buildings. 8. The appeal site is characterised by a comparatively large plot and includes a large detached single storey dwelling which is elevated above the road behind a vegetated boundary. This affords occupants an extensive view towards the east and south of the city and beyond.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision The site includes several individual and one group of trees protected by a Tree Preservation Order (TPO)2. These trees, along with those on adjacent land, contribute to the verdant landscape character of the area and have amenity value through public views which I observed along the length of Gaia Lane and from several vantage points, including the public footpath opposite the site. 9. From the evidence, I note that the existing property has not been identified as a ‘positive building’ in the Lichfield City Conservation Area Appraisal. My own observations at my site visit confirm that the existing 1970’s bungalow on the site is of little architectural merit. However, it represents an example of careful design and site planning consistent with the architectural thinking of the period. Its overall contribution to the street scene is derived primarily from its low height and neutral impact on the underlying character of Gaia Lane, and the adjacent locally listed buildings at 47 Gaia Lane (No 47) and 63 Gaia Lane (No 63). The important attribute of the site are the protected trees on the plot which make a considerable and positive contribution to the visual amenity and character of the area. 10.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision From the information available to me and my observations, the CA’s significance is derived from its high proportion of fine period architecture and mature vegetation. Along Gaia Lane there is also significance to be derived from its narrow width, mature tree cover and building pattern which, notwithstanding the density of development, or the age and typology of its constituent parts, has retained a degree of consistency and an underlying spaciousness and verdancy within the central section of Gaia Lane. 1 McMass Architects, Augus 2023 2 Tree Preservation Order No 5, 1966 https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision From the information available to me and my observations, the CA’s significance is derived from its high proportion of fine period architecture and mature vegetation. Along Gaia Lane there is also significance to be derived from its narrow width, mature tree cover and building pattern which, notwithstanding the density of development, or the age and typology of its constituent parts, has retained a degree of consistency and an underlying spaciousness and verdancy within the central section of Gaia Lane. 1 McMass Architects, Augus 2023 2 Tree Preservation Order No 5, 1966 https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Proposals and effects 11. The development would comprise of the partial demolition and extension of the single storey dwelling currently occupying the plot, and the erection of an additional dwelling. The additional dwelling would be sited on the approximate footprint of the demolished part of the current dwelling and extend towards No 47. It would be set back significantly from Gaia Lane and would utilise different ground levels on the site to provide a split-level dwelling with two floors of accommodation and a linked double garage. The existing dwelling would include a rear dormer facing Gaia Lane and a gabled roof projection on the front elevation. 12. Separate rear gardens would be provided for each dwelling, predominantly at the front of the plot, between the properties and Gaia Lane. The north/west part of the site would be used for access and parking, as is presently the case. A grassed parcel of land between 45 Gaia Lane and the access to Nos 47 and 49 also forms part of the appeal site. 13. No concern has been raised by the Council to the principle of two dwellings on the plot, nor to the design of the proposed development, subject to suitable materials.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision On the basis of the evidence before me and my observations, I have no clear reason to disagree. The driveway, parking areas and garage are clearly already part of No 49’s layout. The intrusion of an additional dwelling on part of the footprint of the existing dwelling, set a considerable distance from Gaia Lane and of low height would not be an incongruous feature in the area. The site is not a vacant plot. Therefore, residential development on the site or part of the site, would not necessarily be harmful. 14. However, as noted above, one of the characteristics of the area is the predominance of trees and hedges. No protected trees are proposed to be removed as a result of the proposed development. Nevertheless, the proximity of the additional dwelling to protected trees could lead to pressure to remove trees, which would have an adverse effect on the character and appearance of the CA. It is argued by the appellant that this characteristic feature would be retained.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision An Arboricultural Impact Assessment (AIA) provided by the appellant cites BS 5837:20123 and concludes that, subject to protection, hand dig, permeable materials for paved areas and services laid outside root protection areas (RPAs) the proposal would not present significant harm to protected trees. 15. The AIA notes that a mature Austrian Pine (T5) and a Red Oak (T4) are of high amenity value and make a positive contribution to the CA. These trees are in the garden of the appeal property, close to Gaia Lane and are widely visible from the surrounding area. The AIA also advises that a corner of the existing dwelling already partially conflicts with the RPA of T5 and this would still be the case with the proposed alterations to this dwelling. 16. Policy NR4 of the Lichfield District Local Plan Strategy 2008-2029, adopted February 2015 (LPS) seeks to ensure that trees are protected and retained, unless it can be demonstrated that removal is necessary, and appropriate mitigation can be achieved.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision It goes on to advise that sufficient space within developments must be reserved for the planting and sustainable growth of 3 Trees in relation to design, demolition and construction - Recommendations https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision It goes on to advise that sufficient space within developments must be reserved for the planting and sustainable growth of 3 Trees in relation to design, demolition and construction - Recommendations https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision large trees in order to retain the important tree canopy cover in, amongst other places, conservation areas. 17. The Council’s Trees, Landscaping and Development Supplementary Planning Document (SPD), May 2016, advises that in order to successfully integrate trees into a development it is essential to allow enough space in the design to allow trees to mature and flourish and to implement protection measures during the entire construction phase. It notes at paragraph 3.9 that the physical size of a tree can dominate a building if the relationship between the two has not been properly considered. This can lead to fears about tree safety, lack of light or physical damage to structures and ultimately pressure for unsightly pruning or tree removal. 18. In this case, the Council’s concern relates to the potential for conflict between future occupants of the additional dwelling and T4, which would be positioned centrally within its garden. The height and canopy spread of this tree would mean that the garden and the dwelling would be a heavily shaded and darkened space for a significant proportion of the day over many months of the year when the tree would be in leaf. 19.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision The appellant has provided a Tree Shade Diagram (TSD) which indicates that the canopies of T4 and T5 would cause significant shading of the garden for the new dwelling. A large-leafed lime (T1) would also cause significant shading to the north of the dwelling. The key does not identify the date or time on which those shade patterns would be expected. Furthermore, while I saw that T5 is leaning considerably towards Gaia Lane, I have no substantiated evidence before me to demonstrate that the protected trees would be unlikely to survive or grow for many years. Shading would therefore be evident for a considerable period of time. 20. The development consists of family sized dwellings so it is likely that future occupiers would spend a reasonable amount of time in the garden areas. The area of garden to the south of the site, separated by the access driveway to No 47, would be distant from the dwellings and would not be private. Thus, it would not serve as the main garden area for either dwelling. 21. The garden areas of both dwellings would be of adequate size and trees within the gardens would not prevent future occupiers of the dwellings from using the gardens.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision However, whilst parts of the garden that would be associated with the existing, altered dwelling would not be significantly shaded and could be used by occupants of that dwelling, this would not be the case for occupants of the proposed dwelling. Almost all of the main garden area provided for the new dwelling would be heavily shaded in the months when the garden would be most likely to be used, which would result in poor quality or unsatisfactory outdoor space for activities such recreational pursuits or drying clothes. I acknowledge that Stowe Pool is within walking distance of the appeal site and would provide an area of outdoor amenity space close by for the use of future occupiers. Nevertheless, that would not provide a private or secure environment for the day to day needs of a family dwelling. 22. Furthermore, the proposed dwelling would be situated to the north-west of T4, close to its canopy and although the canopies of T5 and T2 are further away, all three trees, given their position and height, would significantly https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision reduce the amount of sunlight reaching the dwelling. The position of the proposed dwelling would adhere to the buffer zone advocated in the SPD and has been designed to take account of proximity to protected trees by including open plan living areas and a significant amount of glazing to the elevation facing Gaia Lane. 23. Nonetheless, the only windows and the main source of light and outlook for occupants of the ground floor living area and kitchen/dining room would be to the south-west, towards the protected trees. Given the proximity and height of these trees, together with the proximity of the altered existing dwelling to the south, these rooms would be likely to only receive direct sunlight for a short part of the day. The appellant’s claim that adequate natural light would be provided for the dwelling has not been substantiated. In the absence of a daylight or sunlight assessment I cannot be satisfied that adequate daylight or sunlight would be provided for occupants of the proposed dwelling. 24. I recognise that the distribution of the shade would change throughout the day, sunlight would penetrate the tree canopies and the canopies would not overhang the dwellings.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Even so, the protected trees on the site would inevitably restrict light levels to the dwelling and garden. 25. Consequently, future occupiers of the proposed dwelling would be likely to see the trees as significantly impacting their living conditions through overshadowing and loss of daylight and sunlight. On this basis, it seems to me that the perceived or actual adverse impact on ambient light within the dwelling would inevitably lead to pressure to frequently/significantly prune the trees or remove them. 26. The limited degree of separation between the proposed dwelling and trees, combined with their notable height, means that future occupiers would also likely be concerned about their safety from the trees or branches falling, especially during storms. Safety concerns are therefore also likely to result in requests from future occupiers to have the trees either removed or regularly/significantly pruned. It would be difficult for the Council to resist applications to prune or fell in circumstances such as where safety is at issue. 27. The trees’ natural shade-cooling presence does not lead me to a different conclusion.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision In coming to this view, I have also taken into account that future occupiers would be aware of the trees beforehand, the adjoining dwelling is close to the trees and that such proximity does not automatically mean applications to prune or remove them will follow. In my experience, future occupants may, initially, place a high value on the contribution trees make to the setting of a property, failing to appreciate the implications/problems of living next to a large tree. 28. The existing dwelling has been sited on the plot for numerous years without a need to remove the existing protected trees. However, the proposal would result in two dwellings within the site. Whilst the proximity of the proposed dwelling would not be dissimilar to the existing dwelling on the site in relation to protected trees, the existing dwelling is spread across the site which provides its occupants with a choice of rooms that offer varied levels of light. Moreover, the spacious garden area currently ensures that parts are https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision not shaded for a large part of the day. The subdivision of the plot to provide two dwellings would result in the additional dwelling being substantially enclosed by protected trees with little space for a garden or windows that would not be overshadowed. Consequently, the proposed dwelling would have a closer relationship with the trees than the existing dwelling. 29. Given the proximity, there would be leaf litter and debris falling from the trees on to the development site as well as the potential for Honeydew from several trees. However, there would be little justified reason for future occupiers of the proposed development to seek the removal or extensive pruning of the trees in relation to this matter. 30. I note the AIA states that the RPAs of two trees (T2 and T4) would fall partially within proposed hard surfacing around the new dwelling. In addition, early mature Limes (T1 and T6) would be close to potential access and work areas during construction. However, a suitably worded planning condition would secure the ground and tree protection measures set out in Section 6 of the AIA and the tree protection plan to ensure the retained trees are protected in the event that I allowed the appeal. 31.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Nevertheless, due to shading and safety issues, I conclude that the proposed development would result in future pressure for the protected trees, particularly T4, to be removed or for significant/frequent pruning, to the detriment of their long-term health. Given my findings above, the Council would struggle to justify resisting such requests, and such actions would result in a diminution of existing trees on the site which would adversely harm the positive contribution the trees make to the character and quality of the area. 32. Therefore, while the proposed buildings would not detract from the underlying character and appearance of the CA, for the reasons I have set out above, the proposed development would be likely to be detrimental to the future health and growth of protected trees. Consequently, the proposal would unacceptably harm the character and appearance of the area. It would therefore fail to preserve or enhance the character or appearance of the CA and would diminish its significance. I concur with the appellant that this would amount to less than substantial harm. 33.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision For the reasons given above, I conclude that the development would be contrary to Section 72 of the Act, as well as Core Policy 3, Core Policy 13 and Policies BE1 and NR4 of the LPS. Together these policies seek to, amongst other things, protect and retain trees, enhance the character and distinctiveness of Lichfield and the significance of the historic environment, and design out potential long term conflict between trees and built form. 34. There would also be conflict with the objectives of paragraphs 135 and 136 of the Framework in relation to trees and well-designed places, as well as the safeguarding of designated heritage assets set out at Section 16 of the Framework. Neither would the proposal comply with guidance set out in the SPD or the Council’s Sustainable Design Supplementary Planning Document (2015/2019), both of which seek development that does not result in conflict between trees and built form. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision 35. Paragraph 208 of the Framework states that where there is less than substantial harm, this harm should be weighed against the public benefits of the proposal. I have dealt with the heritage balance later in my reasoning. Other Matters 36. The Council argues that it has not been satisfactorily demonstrated that the development would not result in an adverse effect on the integrity of the SAC. It is indicated that a UU was not submitted at the time the application was determined by the Council. However, the appellant has now provided a signed and dated UU with the appeal to secure a financial contribution in relation to the impacts of the proposed development on the SAC, relating to recreational pressures. 37. The Habitats Regulations requires the decision maker to undertake an Appropriate Assessment (AA) where there are likely significant effects from the proposal, either alone or in combination with other plans or projects. However, regulation 63(1) indicates the requirement for an AA is only necessary where the competent authority is minded to give consent for the proposal.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Therefore, in view of my overall conclusions resulting in my decision to dismiss the appeal, it has not been necessary to address this in any further detail as it would not alter the outcome of the appeal. 38. A Grade I listed building, Lichfield Cathedral, is located near to the appeal site. Both main parties are silent on the effect of the proposal on the setting of this designated heritage asset. However, by virtue of section 66 of the Act, I am required to consider the impact that the proposal would have on the setting of the listed building. 39. The heritage assessment fails to identify significance in relation to the cathedral. However, on the basis of what is before me and my own observations, I consider the significance of the cathedral to predominantly be its architectural importance and religious significance. Although the spires of the building are visible from the appeal site, it is physically and visually separate from this designated asset and its setting due to the built up nature of the surrounding area and the segregating effect of intervening development. The appeal site would not appear in views to or from the listed building itself due to the intervening development.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Accordingly, the appeal site does not contribute to the setting of the listed building. 40. The proposal would not affect the appreciation of the cathedral nor its immediate surrounds. Nor would it impinge on its historic and visual relationships with the countryside and the town. Overall, the proposal would not erode any of the elements which contribute positively to the special interest and significance of this heritage asset. Thus, I am satisfied that it would not detract from the setting of the listed building or the ability to appreciate and understand it. There would therefore be no conflict with section 66(1) of the Act or the heritage protection policies of the Framework with particular regard to this designated heritage asset. 41. Matters related to the ownership of the access drive would be separate to and would not ultimately influence the assessment of the planning merits of the proposal. Although there were no objections to the proposed development, a lack of objection is not a reason to approve unacceptable development. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Planning and Heritage Balance 42. I have had regard to the appellant’s fallback position that planning permission has been granted for an extension to the existing property which would be located on a similar footprint to the proposed additional dwelling. I am satisfied that there is a reasonable likelihood that the extension would be implemented and can therefore be considered a realistic fallback position. 43. For significant weight to be afforded to a fallback position, there needs not only to be a reasonable prospect of it being carried out, but it would also need to be more harmful than what would be allowed by the scheme for which permission is sought. 44. As the footprint of the consented scheme would be similar to that proposed for the appeal scheme, there would be similar effects upon the RPAs of protected trees on the site. However, the fallback scheme would still provide occupiers of the existing dwelling with a choice of shaded or non-shaded areas within which to enjoy the large garden or rooms within the dwelling. Therefore, there would be likely to be less pressure to undertake works to mitigate adverse effects caused by the proximity of protected trees in the future. 45.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision The appeal scheme differs significantly from the fallback scheme as it would create a separate dwelling with its own garden and associated requirement for adequate light in both the dwelling and the garden. The main garden area would be shaded for much of the day, as would the main living/kitchen and dining areas. For the reasons I have set out earlier in my decision, there would be a greater likelihood that the appeal proposal would result in future pressure for the protected trees to be removed or for significant/frequent pruning than the fallback scheme. Therefore, I attribute limited weight to the potential fallback. 46. The development would provide one additional three bedroom home in an accessible urban location and would make a small contribution to local housing supply, provide a short term economic boost to the local economy in the construction phase, and a social and economic boost to the area post- construction. Having regard to the modest scale of the proposal, I attribute these public benefits limited weight. Even if I were to agree that there would be no unacceptable effects in relation to neighbour’s living conditions, biodiversity or highway matters, this is neutral in the planning balance. 47.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — Appeal Decision Paragraph 205 of the Framework states that when considering the impact of a proposed development on the significance of heritage assets, great weight should be given to the assets’ conservation. Notwithstanding the benefits set out above, I conclude that those benefits would not outweigh the harm identified in relation to the character and appearance of the CA. Conclusion 48. The development would be contrary to the Act, the local development plan and the Framework and there are no material considerations of such weight to lead me to conclude otherwise. The appeal is dismissed.

49 Gaia Lane, Lichfield , Staffordshire, WS13 7LR — Lichfield District Council — A Veevers INSPECTOR https://www.gov.uk/planning-inspectorate - Appeal Decision APP/K3415/W/24/3338005