Case 3340086

Priory Farm, Levenage Lane, Widford, SG12 8RA

East Hertfordshire District Council — appeal allowed

Outcome
Allowed
Decision date
3 October 2024
Authority
East Hertfordshire District Council
Inspector
Kemmann-Lane T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr AS Clark & Sons AS Clark & Sons
LPA reference
3/23/2283/OUT
ONS LPA code
E07000242
Jurisdiction
Transferred
Link status
Not Linked
Start date
17 May 2024

Summary AI

The appeal was allowed due to the limited harm to the countryside and the moderate benefits of the proposal. The inspector considered the NPPF and the policies of the District Plan, including DPS2 and GBR2. The site is in a reasonably sustainable location, and the development would support the vitality of rural communities. The benefits include a modest number of market houses, environmental benefits from landscaping, and an improved biodiversity value of the site and surrounding environment.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Site visit made on 10 September 2024 By Terrence Kemmann-Lane JP DipTP FRTPI MCMI an Inspector appointed by the Secretary of State Decision date: 3 October 2024 Appeal Ref: APP/J1915/W/24/3340086 Priory Farm, Levenage Lane, Widford, SG12 8RA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by A S Clark & Sons against the decision of East Hertfordshire District Council. • The application Ref is 3/23/2283/OUT. • The development proposed is the erection of four dwellings and associated landscaping. Decision 1. The appeal is allowed and planning permission is granted for the erection of four dwellings and associated landscaping at Priory Farm, Levenage Lane, Widford, SG12 8RA in accordance with the terms of the application, Ref 3/23/2283/OUT, subject to the conditions set out in the schedule at the end of this decision. Application for costs 2. An application for costs was made by A S Clark & Sons against East Hertfordshire District Council and this is the subject of a separate Decision. Preliminary matter 3.

Page 1 · Chunk 1 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision The application was in outline with all matters to be considered later except for access, the details of which are shown on the application plans. There is also an illustrative possible layout shown, to be treated as purely indicative of how the development might take place, other than the access. Matters of appearance, landscaping, layout and scale are reserved for future determination. Main Issues 4. The main issues in this case are: i) the effect of the proposed development on the character of the site and the rural countryside; and ii) the impact of the proposal on highway safety. Reasons 5. The site is to the south-east of the village of Widford, located just outside the village boundary within land designated as the Rural Area Beyond the Green Belt. The village of Widford is a category Group 2 Village. The site is occupied by a piece of open countryside/agricultural land located to the south of https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/ J1915/W/24/3340086 Levenage Lane. Levenage Lane is a private track with a public bridleway (Widford 004) to the north of the development site. The appeal site includes part of the access track off of the B180 and this part of the site is located within the Widford Conservation Area. The main part of the site is just beyond the conservation area boundary. In addition, the site is located within an Area of Archaeological Significance. 6. To the north of the appeal site are 3 dwellings fronting Levenage Lane and to the west by the rear gardens of 5 dwellings along the B180/Hunsdon Road and the existing gravel track that runs to the rear of them. The effect of the proposed development on the character of the site and the rural countryside 7. Policy DPS2 sets a hierarchy for the delivery of sustainable development starting with sustainable brownfield sites, then sites within the urban areas of large settlements such as Bishops Stortford & Hertford, followed by urban extensions and lastly limited development in the villages. 8.

Page 2 · Chunk 3 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Policy GBR2 states that in order to maintain the Rural Area Beyond the Green Belt as a valued countryside resource, certain types of development will be permitted, provided that they are compatible with the character and appearance of the rural area. This includes limited infilling in villages or the partial or complete redevelopment of previously developed land in sustainable locations where they are appropriate to the character and appearance of the rural area. 9. The proposed development would be located on agricultural land. Infill development is not defined in the District Plan or in the National Planning Policy Framework (NPPF) and requires a judgement on the characteristics of the site in each case. However, a common and often used interpretation of infilling is the development of a small gap in an otherwise built-up frontage. Whilst the proposed new dwellings would be located to the south and east of existing properties, they would not infill a gap between buildings, and as such the proposed development is contrary to Policy GBR2 of the District Plan. 10.

Page 2 · Chunk 4 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision The planning officer’s report notes that the site is located just outside the village boundary but would be within walking distance to the village school, the village hall, a bus stop providing a regular bus service to Bishop's Stortford, Ware and Hertford, Monday - Saturday. It also states that, whilst Widford does not have many key facilities such as a village shop or doctors’ surgery, these could be reached by public transport. Whilst the site is located within the Rural area Beyond the Green Belt, where Policy GBR2 applies, it is considered to be sustainably located in accordance with Policy DPS2 and TRA1 of the District Plan. 11. In addition, I note that the centre of the village of Hunsdon is about 1 mile away to the south of the site. Hunsdon is identified as a Group 1 Village in Policy Vill1. The Local Plan at paragraph 10.3.2 recognises that “Group 1 Villages are the most sustainable villages in the District. In these villages development for housing, employment, leisure, recreation and community facilities will be permitted.

Page 2 · Chunk 5 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Growth in these areas will help to sustain existing shops, services and facilities, deliver affordable housing, provide local job opportunities and deliver community benefits.” Hunsdon has a number of https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Growth in these areas will help to sustain existing shops, services and facilities, deliver affordable housing, provide local job opportunities and deliver community benefits.” Hunsdon has a number of https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/ J1915/W/24/3340086 services and facilities which include Hunsdon J M I School, The Crown pub, The Fox & Hounds restaurant and pub, village convenience store & post office and Saint Francis Chapel. 12. Since the site is within a reasonably sustainable location, paragraph 11 of the NPPF sets out the presumption in favour of sustainable development. This is all the more relevant in this case since the appellant seeks support from sub- paragraph d). NPPF paragraph 11 d) is well known to both parties, so that I need not set out the text in any detail. However, I will mention that 11 d) i. refers to situations where areas or assets of particular importance provide a clear reason for refusal. I have noted that the main part of the site is just outside the Widford Conservation Area boundary (paragraph 5 above). Conservation areas are a designated heritage asset: in this case I do not consider that the appeal proposal would have anything higher that a neutral effect on the conservation area. 13. The officer’s report on the appeal application notes that a recent appeal decision concluded that the council cannot currently demonstrate a five year supply of deliverable housing sites (5YHLS).

Page 3 · Chunk 8 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision The consequence of not having a 5YHLS is that paragraph 11(d) of the NPPF is engaged in the decision-making process. However, in the officer’s report conclusion, the benefits of the scheme were considered, but it was judged that the harm identified of an urbanising impact of encroachment into the rural countryside would significantly and demonstrably outweigh the benefits of the proposed 4 new residential units. 14. Subsequently, in the council’s statement of case, reference is made to the Council’s East Herts Five Year Land Supply Position Statement March 2024 which sets out its latest position on the Five-Year Housing Land Supply. It explains the Council’s five-year housing land supply requirement and identifies the sites that form the land supply. On the basis of the information and evidence included within this document, it is stated that the council is able to demonstrate a land supply position of 5.57 years against the housing requirement of 5,560 dwellings across the five-year period 2023-2028. 15. A Position Statement Addendum was then published in April 2024, in consequence of the Government publishing new affordability ratios on the 25 March 2024.

Page 3 · Chunk 9 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision It is stated that this addendum establishes that the housing requirement is for 5,205 dwellings across the five-year period 2023-2028. The identified supply of deliverable housing sites is 6,189 dwellings demonstrating a five-year land supply position of 5.95 years against the housing requirement. 16. Challenging the council’s position, the appellant has supplied a recent appeal decision reference APP/J1915/W/24/3340497 concerning land east of the A10, Buntingford, in this district. The decision is dated 22 August and followed an inquiry held on 16-18, 23-24 and 30 July 2024. The housing requirement and deliverable land supply was a main issue in the inquiry. The Inspector’s conclusion on this issue included the following: “The Council has a 4.20 – 4.49 year housing land supply. Whether using the approach favoured by the Council or that favoured by the appellant, the Council cannot demonstrate a 5 year housing land supply and so the NPPF deems the policies which are most important for determining the planning application to be out of date”. 17.

Page 3 · Chunk 10 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision A written representations appeal is not an appropriate forum to determine matters that require evidence to be subject of close scrutiny through cross https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 11 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision A written representations appeal is not an appropriate forum to determine matters that require evidence to be subject of close scrutiny through cross https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/ J1915/W/24/3340086 examination. The dates of this appeal inquiry postdate the publication of the council’s East Herts Five Year Land Supply Position Statement March 2024 and Position Statement Addendum referred to in paragraph 14 and 15 above. It is therefore reasonable to assume that these documents and their contents were thoroughly examined and taken into account by that Inspector. On this basis I am satisfied that the council cannot demonstrate a 5-year housing land supply, and therefore the provisions of NPPF paragraph 11 d) are engaged. 18. Drawing together the various matters discussed above, it is clear that the appeal site is outside the village boundary of Widford and therefore there is conflict with Policies DPS2, and GBR2. My site visit enabled me to see that it would extend the adjacent development onto land that is clearly agricultural and countryside landscape. These matters weigh against the proposal, and justify refusal unless material considerations indicate otherwise.

Page 4 · Chunk 12 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision However, the harm to the countryside is limited, since the appeal site is just outside the village boundary and is located behind and next to existing housing development; further, it is acknowledged that the site is a sustainable location. Thus I regard the harm as limited. 19. An important material consideration is the policies of the NPPF, and in particular, paragraph 11, and its sub-paragraph d) which is engaged by the council’s lack of a Five Year Land Supply. In the present circumstances, planning permission should be granted unless the adverse impacts I have identified would significantly outweigh the benefits when assessed against the polices of the NPPF taken as a whole. 20. There are a number of benefits that can be identified, beginning with a modest number of market houses. These houses have a social benefit, and would additionally bring short term economic benefit through the construction process. In addition, the location of the site is particularly favourable to support the aim of NPPF paragraph 83. This states: “To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities.

Page 4 · Chunk 13 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services Where there are groups of smaller settlements, development in one village may support services in a village nearby”. 21. It seems to me that the penultimate sentence above, whilst referring to identifying sites in planning policies, it can be applicable to decisions on planning applications. In this case the site is adjacent to Widford, a Group 2 village and under a mile from Hunsdon which is identified as a Group 1 Village. Between them they offer a number of services and facilities. In my experience service providers and community facilities in villages such as these not infrequently struggle to attract enough custom or participation to prosper. 22. In addition there would be an environmental benefit from the proposed landscaping, which I am told goes beyond what is required by statutory Biodiversity Net Gain requirements. 23. I have found that the harm arising from the appeal development would be limited. That harm would not significantly and demonstrably outweigh the benefits of the proposal which are of moderate weight. The NPPF therefore supports the grant of planning permission.

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Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 4

Page 4 · Chunk 15 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/ J1915/W/24/3340086 The impact of the proposal on highway safety. 24. The Highway Authority objected to the proposed development for the reasons set out in the officer’s report. The refusal reason given was that insufficient information was submitted within the application to fully assess the impact of the proposed development on highway safety, contrary to Policy TRA2 of the East Herts District Plan 2018. 25. The appellant has submitted a Transport Statement (TS), dated February 2024, as part of its appeal documentation, as well as an amended plan reference 223390-PR-001 revision C. The TS and the plan sought to respond to the concerns of the highway authority, and thus make good the shortcomings of the application in this regard. It appears to be agreed by the council that the TS and the revised plan meet the highways concerns in respect of a set back of the access road by 10m from the bridleway; swept path drawings for the access junction with the bridleway and surface materials; and that it has been demonstrated that the appellant has vehicular access rights over the bridleway.

Page 5 · Chunk 16 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision At least, the council’s appeal statement does not rebut the content of the TS or, in respect of the highway issue, criticise the revised drawing. 26. Nevertheless, the council objects to the revised plan and the TS on the basis that they amount to significant changes to the scheme which were not considered as part of the assessment on the application, and I should not consider them in reaching my decision on the appeal. The basis of this objection is that the amendments are significant changes in that four carports have been removed from the scheme and two of the dwellings would now be detached. In making this objection, the council notes that the appellant has sent letters to all of the consultees on the original application and neighbours to ensure that their views and comments on the revisions may be made, and notifying them of the appeal. 27.

Page 5 · Chunk 17 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Since the application was in outline with matters of appearance, landscaping, layout and scale reserved for future determination, and the proposed development was for the erection of four dwellings and associated landscaping, with out any specification as to the form of dwelling, and no mention of car ports, the changes on the revised plan in these respects are purely indicative, and would not form the substance of any planning permission. 28. Furthermore, the changes that have been made, which relate to highway matters, are technical and, although the parish council raised an objection that included concern that the junction with the B180 would be dangerous with inadequate sight lines to ensure public safety, this again is a technical matter. It is also difficult to see how an appellant can seek to rebut a refusal such as that given in the second reason, without submitting material demonstrating that a scheme can be shown to be safe following minor changes. In this case the change is mainly moving the internal access road away from the bridleway by 10m, and thus further from its junction with the bridleway, so that emerging vehicles would approach at right-angles, providing better vision onto this public right of way.

Page 5 · Chunk 18 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5

Page 5 · Chunk 19 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 20 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/ J1915/W/24/3340086 29. Consideration of the acceptability of changes to a scheme at appeal stage must have regard to the Wheatcroft Principles1. In this case the revision did not make the scheme "in substance not that which was applied for”; there was a reasonable amount of consultation by the appellant, and I cannot see that third party’s rights have been overridden. I have therefore taken the revised plan, drawing No. 223390-PR-001 revision C, and the TS into account in reaching my decision. 30. In the light of this, I am satisfied that the additional documentation in the form of the TS and the revised plan have overcome the second reason for refusal: there is sufficient information before me to fully assess the impact of the proposed development on highway safety. The appeal proposal conforms to Policy TRA2 of the East Herts District Plan 2018. Conclusions 31. Having considered all the matters raised, for the reasons that I have set out above, the appeal will be allowed, subject to the conditions that I deal with below. Conditions 32. The council has suggested a number of conditions in the event that the appeal is upheld. I have considered these in the light of Planning Practice Guidance (PPG).

Page 6 · Chunk 21 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision For clarity and to ensure compliance with the PPG, I have amended some of the text. 33. The standard conditions 1, 2 and 3 are required defining the remaining reserved matters to be approved and requiring their submission and approval; a time limit for that submission; and a time limit for the commencement of the development. Condition 4 requiring the development to be carried out in accordance with the approved plans is necessary for the avoidance of doubt as to the development permitted. Condition 5 is necessary to ensure that the development is properly related to the levels of adjoining development in the interests of neighbour amenity and good design. 34. Condition 6 is required to preserve heritage asserts of archaeological significance. Condition 7 is to minimise and prevent pollution of the land and the water environment and in order to protect human health and the environment more generally. Condition 8 is in the interests of the management of surface water flows, for the avoidance of flooding. Condition 9 is to assist with the adaptation to climate change, reduce carbon emissions and for the efficient use water resources. Conditions 10 and 11 are in the interests of amenity and good design.

Page 6 · Chunk 22 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Condition 12 is to improve the biodiversity value of the site and surrounding environment and to achieve a biodiversity net-gain. 35. Conditions 13 and 14 are in the interests of highway safety. Condition 15 is to ensure personal safety and satisfactory appearance. Condition 16 is in the interests of amenity and good design and for the avoidance of wasting resources. Conditions 17, 18 and 19 are to promote the use of sustainable | 1 | Bernard Wheatcroft Ltd. v Secretary of State for the Environment and. Another Queen's Bench | | | --- | --- | --- | | Division. 24 October 1980. (1982) 43 P. & C.R. 233. | | | | Division. 24 October 1980. (1982) 43 P. & C.R. 233. | | | https://www.gov.uk/planning-inspectorate 6

Page 6 · Chunk 23 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/ J1915/W/24/3340086 transport modes and the efficient use of water. Condition 20 is in order to ensure the optional requirement of the Building Regulations applies so that new homes are readily accessible and adaptable to meet the changing needs of occupants. 36. Condition 21 is in order to ensure an adequate level of air quality for residents of the new dwellings. Conditions 22 and 23 are to ensure the provision, establishment and maintenance of a good standard of landscaping in the interests of providing a satisfactory residential environment. Condition 24 is to protect the residential amenity of occupants of nearby properties from noise disturbance during the construction. Condition 25 is in the interests of amenity and to prevent the deposit of mud or other extraneous material on the highway during the construction period in the interests of highway safety. Condition 26 is in the interest of preserving the character of the rural area. 37. Conditions 6 and 7 are pre-commencement conditions. Condition 6 is necessarily in that form because the investigation and any scheme of archaeological work must be done before disturbance of the ground.

Page 7 · Chunk 24 Appeal Decision

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Appeal Decision Condition 7 is necessary as again contamination needs to be investigated and any remedial work undertaken before disturbance of that contamination. 38. In accordance with Section 100ZA(5) of the Town and Country Planning Act 1990, if the Inspector is minded to grant planning permission subject to pre- commencement condition(s) he/she may only do so with the written agreement of the appellant to the terms of the condition(s). In this case the appellant’s agent has clearly stated on the appellant’s behalf that the conditions are acceptable.

Page 7 · Chunk 25 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane INSPECTOR https://www.gov.uk/planning-inspectorate 7

Page 7 · Chunk 26 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/ J1915/W/24/3340086 Schedule of Conditions 1) Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission. 3) The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved. 4) The development hereby permitted shall be carried out in accordance with the following approved plans: drawing No. 223390-PR-001 revision C. 5) The details to be submitted at reserved matters stage shall include detailed plans showing the existing and proposed ground levels of the site relative to adjoining land, together with the slab levels and ridge heights of the proposed buildings. The development shall be carried out in accordance with the approved details.

Page 8 · Chunk 27 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane 6) No development shall take place within the proposed development site until the applicant, or their agents, or their successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to the planning authority and approved in writing. This condition will only be considered to be discharged when the planning authority has received and approved an archaeological report of all the required archaeological works, and if appropriate, a commitment to publication has been made. 7) The development hereby permitted shall not begin until a scheme to deal with contamination of land/ground gas/controlled waters has been submitted to and approved in writing by the local planning authority. The scheme shall include all of the following measures, unless the local planning authority dispenses with any such requirement specifically in writing: 1.

Page 8 · Chunk 28 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites – Code of Practice. 2. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites – Code of Practice. The report shall include a detailed quantitative human health and environmental risk assessment. 3. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A https://www.gov.uk/planning-inspectorate 8

Page 9 · Chunk 29 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane Appeal Decision APP/ J1915/W/24/3340086 clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined. 4. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted to and approved in writing by the local planning authority. 5. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted to and approved by the Local Planning Authority prior to first occupation of the development/the development being brought into use. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Page 9 · Chunk 30 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane 8) Prior to any above ground works commencing a detailed scheme for the on-site storage and regulated discharge of surface water run-off and a scheme for the disposal of foul water shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be implemented in accordance with the approved details before the development is first occupied. 9) Prior to the erection of above ground superstructure details of the design, materials and construction of the dwelling to demonstrate how the design, materials and operation of the development minimises overheating in summer and reduces the need for heating in winter to reduce energy demand and reduces water demand. The development shall thereafter be implemented in accordance with the approved details. 10) Prior to any above ground construction works being commenced, the external materials of construction for the development hereby permitted shall submitted to and approved in writing by the Local Planning Authority, and thereafter the development shall be implemented in accordance with the approved details.

Page 9 · Chunk 31 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane 11) Details of all boundary walls, fences or other means of enclosure to be erected shall be submitted to and approved in writing by the Local Planning Authority, and thereafter the development shall be implemented in accordance with the approved details prior to the first occupation of the development hereby approved. 12) The dwelling hereby approved shall not progress beyond foundation stage until details of habitat boxes/structures to include 1 no. integrated swift brick and one pair of house martin cups per dwelling and other biodiversity enhancement measures to be installed have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed prior to the first occupation of the dwellings and maintained throughout the lifetime of the development, unless otherwise agreed in writing with the Local Planning Authority. 13) The dwellings hereby permitted shall not be occupied until the parking spaces and vehicle manoeuvring areas clear of the public highway illustrated on the approved plans have been constructed and made available for use. https://www.gov.uk/planning-inspectorate 9

Page 10 · Chunk 32 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane Appeal Decision APP/ J1915/W/24/3340086 14) The dwelling shall not be occupied until the visibility splay has been provided in accordance with the approved plans. The splay shall thereafter be maintained free from any obstruction between 600mm and 2m above the level of the adjacent highway carriageway/bridleway. 15) The hard surfaced areas of the development, including roads, pavements, driveways and car parking areas shall be surfaced in accordance with details submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be implemented in accordance with the approved details prior to first occupation or use of the development hereby approved. 16) Facilities for the storage and removal of refuse and materials for recycling from the site shall be provided, in accordance with details having been submitted to and approved in writing by the Local Planning Authority and thereafter the development should be implemented in accordance with the approved details prior to first occupation of the development hereby approved. 17) One electric vehicle charging point per dwelling (dwelling with dedicated parking) shall be provided prior to the first occupation of each dwelling.

Page 10 · Chunk 33 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane 18) Details of any cycle parking facilities proposed in connection with the development shall be submitted to and approved in writing by the Local Planning Authority and thereafter the development should be implemented in accordance with the approved details prior to the first occupation of the development hereby approved. 19) Prior to the first occupation of the development measures shall be incorporated within the development to ensure that a water efficiency standard of 110 litres (or less) per person per day is achieved. 20) The dwellings shall be constructed so that the requirements of paragraph M4 (2)1 of schedule 1 to the Building Regulations 2010 (category 2 - accessible and adaptable dwellings) are satisfied. 21) Any gas-fired boiler shall meet a minimum standard of <40 mgNOx/kWh. 22) No development above slab level shall commence until a scheme of landscaping has been submitted to and approved in writing by the local planning authority. The scheme shall include details of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development.

Page 10 · Chunk 34 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane 23) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 24) The hours of operation for construction and/or demolition works shall be restricted to 08:00-18:00 Monday to Friday and 08:00-13:00 on a Saturday. No work to take place on Sundays or Public Holidays without the prior written agreement of the Local Planning Authority. https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 35 Terrence Kemmann-Lane

Priory Farm, Levenage Lane, Widford, SG12 8RA — East Hertfordshire District Council — Terrence Kemmann-Lane Appeal Decision APP/ J1915/W/24/3340086 25) Best practical means shall be taken at all times to ensure that all vehicles leaving the development site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway, in particular (but without prejudice to the foregoing) this shall include efficient means for cleaning the wheels of all lorries leaving the site which shall be maintained and employed at all times during construction. 26) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (As Amended), or any amending Order, the enlargement, improvement or other alteration of the dwellinghouse as described in Schedule 2, Part 1, Classes A,B,C,D and E of the Order shall not be undertaken within the curtilage of the dwellinghouses hereby permitted without the prior written permission of the Local Planning Authority. End of Schedule https://www.gov.uk/planning-inspectorate 11

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶12

The inspector found that the site is located within a reasonably sustainable location, and the development would support the vitality of rural communities.

Character and appearance
Against appellant
¶19

The inspector found that the harm to the countryside is limited, and the benefits of the proposal outweigh the adverse impacts.

Ecology and biodiversity
For appellant
¶23

The inspector found that the environmental benefits from landscaping would improve the biodiversity value of the site and surrounding environment.

Highway safety
For appellant
¶30

The inspector found that the additional documentation submitted by the appellant, including the Transport Statement and revised plan, had overcome the highway concerns and ensured sufficient information was available to assess the impact of the proposed development on highway safety.

Policies relied on

Reference Weight
NPPF 11
Determinative
NPPF 83
Substantial
DPS2
Substantial
GBR2
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 11 pages, issued by the Planning Inspectorate on 3 October 2024 under the Open Government Licence.