18 Colleton Way, Exmouth, Devon, EX8 3PX

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision Site visit made on 13 August 2024 by K Jones BA (Hons) DipLA CMLI an Inspector appointed by the Secretary of State Decision date: 27 November 2024 Appeal Ref: APP/U1105/W/24/3339709 18 Colleton Way, Exmouth, Devon EX8 3PX • 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 Darren Pyne of D Pyne Plumbing and Heating against the decision of East Devon District Council. • The application Ref is 23/1472/FUL. • The development proposed is separating existing property into two dwellings, including gardens and driveways. Decision 1. The appeal is allowed and planning permission is granted for separating existing property into two dwellings, including gardens and driveways at 18 Colleton Way, Exmouth, Devon EX8 3PX in accordance with the terms of the application Ref 23/1472/FUL, subject to the conditions in the attached schedule. Preliminary Matters 2. One of the Council’s suggested conditions makes reference to a conservation area. The Council has confirmed that the appeal site is not within and does not affect a conservation area, and I have not considered this further. 3.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision The appeal site is within the zones of influence of the Exe Estuary Special Protection Area and the East Devon Pebblebed Heaths Special Protection Area and Special Area of Conservation (the European Sites). These European Sites are afforded protection under the Conservation of Habitats and Species Regulations 2017 as amended (the Habitats Regulations). It is incumbent upon me as competent authority to consider whether the proposal would be likely to have a significant effect on the integrity of the European Sites. Although not raised as an issue by the Council, it is necessary for me to consider this matter as a main issue. I have sought further information about the potential effects on these sites and methods of mitigation, and have had regard to the responses received. Main Issues 4. The main issues are: • The effect of the proposed development on highway safety with regard to parking provision; • Whether the proposed development would provide adequate living conditions for future occupiers with regard to internal space, and the outlook and daylight available to the second-floor bedroom; and https://www.gov.uk/planning-inspectorate

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3339709 • The effect of the proposal on the integrity of the European Sites. Reasons Highway safety 5. The proposal would provide one off-street parking space for users of the new dwelling, retaining two spaces for the existing property. The surrounding residential area contains a mix of properties with both on and off-street parking provision. The residential roads are not restricted with road markings or signage, and do not have a continuous pattern of residential driveways. They are therefore able to accommodate a high-level of on-street parking. While it only represents a single point in time, I did not observe parking stress or congestion on the surrounding residential roads during my site visit. 6. Policy TC9 of the East Devon Local Plan (2016) (the Local Plan) states that as a guide, two parking spaces should be provided for homes with two or more bedrooms. The provision of just one space for the new dwelling would fall short of this figure, indicating that one additional vehicle may need to use on-street parking on adjacent roads. 7. Policy TC9 recognises that locations in town centres or with access to on-street parking may have a lower demand for parking provision.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision The appeal site is within the urban area of Exmouth, with easy access to services and facilities, and close to a marked cycle path linking to the town centre. This would reduce the reliance on future occupiers needing to have access to private vehicles. Moreover, the potential addition of one vehicle using the generous on-street parking available in the area would not worsen the existing parking situation to the detriment of highway safety. 8. For these reasons, I do not consider that the proposed development would cause unacceptable harm to highway safety with regard to parking provision. It would therefore accord with Policy TC9 of the Local Plan, and with the National Planning Policy Framework (the Framework) where at paragraph 135 it seeks to create places that are safe and accessible. Living conditions 9. The proposal would result in the creation of a 2-bedroomed, 3-person property over three storeys. The Nationally Described Space Standard (NDSS) is not adopted planning policy within the Development Plan and therefore whilst a useful guide, I afford this standard limited weight in my decision.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision However, Policy D1 of the Local Plan does seek to ensure that development does not harm the amenity of occupants of proposed future residential properties; and that development includes features that maintain good levels of daylight and sunlight into buildings. These requirements accord with the Framework’s requirement for a high standard of amenity for existing and future occupiers. 10. There is no minimum gross internal floor area (GIA) requirement for a 2- bedroomed 3-person house across three storeys within the NDSS. However, the minimum GIA over two storey is 70 square metres. There is no disagreement between the parties that the GIA of the new dwelling would exceed this figure. There is also no indication that the dwelling would not meet the other technical requirements of the NDSS. While it would be narrower than the existing main dwelling, there is therefore nothing before me to indicate that the proposal would not provide adequate internal space for future occupiers. https://www.gov.uk/planning-inspectorate 2

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3339709 11. The bedroom proposed to the second floor would be lit solely by rooflights. This space is already in use as a study, and the rear-facing rooflights are installed. The height and size of the rooflights provide an open aspect from within the room including views of the garden, and create a light and airy area within the roof space. Despite the reduction in floorspace to accommodate the top of the staircase, the proposed bedroom would continue to experience adequate space, outlook, and daylight as a single bedroom. 12. As such, I conclude that the proposal would provide adequate living conditions for future occupiers with regard to internal space, and adequate outlook and daylight to the second-floor bedroom. It would therefore accord with paragraph 135 of the Framework where it seeks a high standard of amenity for future occupiers. It would also accord with the relevant provisions of Policy D1 of the Local Plan as set out above. European sites 13. The appeal site lies within the respective zones of influence for the European Sites.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision The qualifying features for the Exe Estuary are its overwintering populations of Avocet and Slavonian Grebe, regularly occurring migratory species, and assemblage of wintering waterfowl. Those of the Pebblebed Heaths are its north Atlantic wet heaths, European dry heaths, and the populations of southern damselfly. It also regularly supports 2.4% of the UK population of breeding nightjar and 8% of the UK population of breeding Dartford warbler. 14. The South-East Devon European Site Mitigation Strategy 2014 (SEDESMS) recognises that new dwellings within 10km of the European Sites will increase the number of local residents who may be drawn to the habitat sites due to their recreational value. As the SEDESMS highlights, a range of recreational activities within the Exe Estuary can result in birds taking flight due to disturbance. A disturbance study found that most flight events were caused by dog walkers, particularly when dogs are off their leads, but walking in general in certain other areas also caused disruption. In the East Devon Pebblebed Heaths, disturbance to birds is also an issue, as is the trampling of heathland, fires, and nitrogen impacts from dog waste. 15.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision The proposed development would result in a net increase of one dwelling on the site. On this basis, there is no dispute between the main parties, nor Natural England (NE), that it cannot be ruled out that the proposal, when considered alone or cumulatively with other schemes, would have significant effects on the features of interest of the European Sites due to increased recreational use. It is also agreed by the main parties and NE that to mitigate against such effects, financial contributions should be secured in relation to both sites. These would secure mitigation measures including habitat management, on site access management, wardening, signage, as well as non- infrastructure provision of monitoring, communications, and education, pursuant to the SEDESMS. A signed S1111 Agreement has been submitted by the appellant, along with a financial contribution of £367.62. 16. The Council has supplied a recent committee report2which demonstrates that such agreements are successfully delivering the SEDESMS. I have also 1 Section 111 of the Local Government Act 1972 2 Strategic Planning Committee Agenda, date of meeting 23rd February 2021 https://www.gov.uk/planning-inspectorate 3

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3339709 consulted Natural England and it has confirmed that it is content that the secured financial contribution would be effective in terms of mitigating the recreational impacts of the development on the European Sites and avoiding adverse effects on their integrity. 17. I am therefore satisfied, based on the evidence before me, that the S111 Agreement has provided a sufficient mechanism to enable the delivery of proportionate and relevant mitigation pursuant to the SEDESMS. I therefore find within my Appropriate Assessment that, with the provided mitigation, the proposal would not have an adverse effect on the integrity of the European Sites. It would therefore accord with Strategies 47 and 50 of the Local Plan, the Habitats Regulations, and the Framework insofar as they seek to secure the protection of such sites and mitigate any adverse effects on their integrity. Other Matters 18. I note the concern of the local councillor regarding this proposal setting a precedent for splitting family homes. However, this appeal scheme has been assessed based on the specific circumstances of the property, the policy context, and the observations made.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision I see no reason why, if this proposal were to be allowed, that it would undermine the Council’s ability to exercise its judgement in relation to similar development proposals on other sites. It is therefore not considered that an unwelcome precedent would be established by this proposal. Conditions 19. The Council provided suggested conditions, which I have reviewed with regard to the Framework and the Planning Practice Guidance. I have amended the wording where necessary to improve precision and enforceability. 20. In addition to conditions relating to the statutory timescale and a list of approved plans for the purposes of clarity, a condition requiring the external materials to match those of the existing dwelling at 18 Colleton Way is necessary to protect the character and appearance of the area. Details of refuse and cycle storage arrangements are required in the interests of protecting the character and appearance of the area, the living conditions of the occupiers, highway safety and to promote sustainable transport. A condition securing the provision of parking is also necessary in the interest of highway safety. 21.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — Appeal Decision Conditions securing the boundary treatment and ongoing use of separate rear gardens for the two properties are also necessary in the interests of the living conditions of existing and future occupiers of the dwellings. Conclusion 22. The proposal accords with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. Therefore, for the reasons given above the appeal should be allowed.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — K Jones INSPECTOR https://www.gov.uk/planning-inspectorate 4

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — K Jones INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/U1105/W/24/3339709 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with Drawing Nos TQRQM23212115409454 (Location Plan), 3 (Proposed Floor Plans), 4 (Proposed Elevations), and 5 (Existing & Proposed Site Plans). 3) The external materials of the building hereby permitted shall match those used in the existing building at 18 Colleton Way. 4) The new dwelling hereby permitted shall not be occupied until details of bin/recycling storage and cycle storage facilities have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details, and thereafter those facilities shall be kept available for use for their respective purposes. 5) The new dwelling hereby permitted shall not be occupied until space has been laid out within the site for one car to be parked at the front of the new dwelling. That space shall thereafter be kept available at all times for the parking of vehicles.

18 Colleton Way, Exmouth, Devon, EX8 3PX — East Devon District Council — K Jones 6) The new dwelling hereby permitted shall not be occupied until details of the fencing subdividing the two dwellings as indicated on Drawing No 5, has been submitted to and approved in writing by the local planning authority. Development shall be carried out and thereafter retained in accordance with the approved details. 7) The separate rear garden spaces identified on Drawing No 5 shall be made available for use by the occupiers of each respective dwelling, and thereafter kept available for their use. -- End of Schedule -- https://www.gov.uk/planning-inspectorate 5