The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Site visit made on 4 September 2024 by Lewis Condé BSc, MSc, MRTPI an Inspector appointed by the Secretary of State Decision date: 25 November 2024 Appeal Ref: APP/D3640/W/24/3341569 The Ferns, Woodlands Lane, Windlesham, Surrey GU20 6AS • 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 Mrs Melanie Chetley against the decision of Surrey Heath Borough Council. • The application Ref is 23/0486/FFU. • The development proposed is demolition of existing dwelling and erection of 7 dwellings with associated landscaping and parking. Decision 1. The appeal is allowed and planning permission is granted for the demolition of existing dwelling and erection of 7 dwellings with associated landscaping and parking at The Ferns, Woodlands Lane, Windlesham, GU20 6AS in accordance with the terms of the application, Ref 23/0486/FFU, and the conditions in the attached schedule. Application for costs 2. An application for the award of costs has been made by Mrs Melanie Chetley against Surrey Heath Borough Council. This is subject to a separate decision. Preliminary Matters 3.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision I am the appointed Inspector dealing with another appeal1 for residential development at a site ‘St. Margarets’ that lies immediately adjacent to this appeal site. Given the contextual similarities between the cases, there is a degree of duplication in my reports. For example, in describing the sites and surrounding areas, as well as addressing matters raised by third parties. Each case though has been determined on its own individual merits. 4. During the appeal, I was made aware that the Council issued a resolution to grant planning permission2 for the development of 20 affordable dwellings on a site nearby to the east of the current appeal site. Both main parties were given an appropriate opportunity to comment on the implications of this in respect of the appeal case. Comments received have been taken into account in my decision. 5. The appeal site forms part of an allocated reserve site for housing under saved Policy H8 of the Surrey Heath Local Plan 2000. It is also located within the designated Windlesham Neighbourhood Plan area (Made 2018). Despite 1 APP/D3640/W/24/3343307 - St.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Margarets Woodlands Lane, Windlesham GU20 6AS 2 Local Planning Authority Reference: 23/0080/FFU - Land East Of St Margarets Woodlands Lane Windlesham Surrey GU20 6AS https://www.gov.uk/planning-inspectorate

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Margarets Woodlands Lane, Windlesham GU20 6AS 2 Local Planning Authority Reference: 23/0080/FFU - Land East Of St Margarets Woodlands Lane Windlesham Surrey GU20 6AS https://www.gov.uk/planning-inspectorate

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 forming part of the adopted development plan, main parties dispute the applicability of the Windlesham Neighbourhood Plan (WNP) policies to the appeal scheme. 6. Notably, the foreword to the WNP highlights that there are aspects that fall outside of the plan’s remit, such as the reserve site of Heathpark Woods as this is covered under other parts of the development plan. However, from my reading of the WNP, and the evidence presented, I have taken this to mean that the allocation of housing or principle of development at the entire allocated reserve site is not a matter covered by the WNP, rather than none of the WNP policies are applicable to development proposals at the reserve site. Accordingly, I have determined the appeal on this basis and so where relevant the appeal scheme has been considered against WNP policies. Main Issues 7. The main issues are the effect of the proposed development on: a) the character and appearance of the area; and b) highway safety, with particular reference to parking. Reasons Character and Appearance 8.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision The appeal site comprises a detached dwelling set rather centrally within a substantial plot to the north of Woodlands Lane, on the outskirts of Windlesham. The site is largely bordered by significant mature vegetation, including many trees subject to an area Tree Preservation Order (TPO). 9. The appeal site lies a short distance beyond the settlement boundary and main built form of Windlesham. Adjoining the appeal site is a detached dwelling ‘St Margarets’ which is set in a similarly spacious plot that is also largely enclosed by mature vegetation, including woodland. Other than ‘St Margarets’, there are currently no other residential properties that the appeal site is directly viewed alongside. The general absence of built form together with this section of Woodlands Lane being largely lined by mature trees provide it with a highly verdant character. Nonetheless, as you continue along the road there are a significant number of dwellings located close by in Windlesham. This results in the setting of the appeal site being generally semi-rural in character and feel. 10. Dwellings found in the wider surrounding area are typically two storeys and detached or semi-detached.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Their plot sizes vary, as do their age and precise architectural styles, albeit most display traditional form and features. A common characteristic is that the nearby streetscapes within Windlesham typically contain mature vegetation. Often this includes large and mature trees that can be viewed against or behind residential built form. 11. It is also pertinent to note that planning permission, including reserved matters consent, has previously been granted for approximately 120 dwellings, at land at Heathpark Wood, to the east of Heathpark Drive. This site is located immediately adjacent to the appeal site and would have an access off Woodlands Lane, near to the frontage of the appeal site. I understand that a national volume housebuilder is taking forward the approved scheme at that neighbouring site. Additionally, as indicated the Council has also recently reached a resolution to grant planning permission for 20 dwellings nearby to the east of the appeal site, again with an access approved off Woodlands Lane. https://www.gov.uk/planning-inspectorate 2

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 There are no robust reasons for me to believe that these neighbouring developments will not be carried out. Accordingly, it is likely that the character of the immediate surrounding area will soon change significantly. With the area likely becoming more urbanised in appearance, despite the approved developments retaining a significant extent of trees and being subject to landscaping requirements. 12. The likely emerging development of the area is a material consideration that I have given significant weight to in my determination of this appeal. In addition, as indicated, I am also dealing with the appeal scheme at the adjacent property of St Margarets, the implications of which would also have the potential to alter the character and appearance of the area. 13. The proposed dwellings would be well proportioned, of an appropriate scale, and generally traditional appearance that would not be at odds with the form of existing nearby residential development. Although the proposed dwellings would be fairly sizeable, they would each be served by suitably sized plots.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision The dwellings would also be appropriately spaced within the site and from one another, such that the proposal would not appear as a cramped form of development. Despite the immediate site context currently being characterised by very low-density development, I am satisfied that the proposed density of development broadly reflects that of residential development found nearby within Windlesham, such that it would not appear at odds with the wider surrounding area. Nor does the proposed density or layout of dwellings appear to be significantly different to the likely emerging developments in the surrounding area. 14. The proposed development would inevitably lead to some urbanising impacts. Still, there is no dispute between main parties that that the proposal is suitable for residential development, with the Council’s Strategic Housing Land Availability Assessment (the SHLAA) identifying the site, alongside the adjacent site of St Margarets as a realistic candidate for development and deliverable within the next five years. It therefore forms part of the Council’s identified housing land supply.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision While the likely development of neighbouring sites (previously referred to) will also have urbanising impacts somewhat transforming the character of the area. 15. The proposed dwellings’ positions set well within the site, would enable a significant extent of mature vegetation to be retained along its boundaries. This would include along much of the site’s frontage. Meanwhile, most trees to be removed would either be category C or U trees that are generally in a poor condition, with a limited safe life expectancy and which currently provide little amenity value. From the evidence before me, the approved neighbouring development at Heathwood Park would also maintain a circa 10m landscaping buffer adjacent to the western and northern boundaries of the appeal site. Accordingly, a significant level of trees and vegetation would remain in front, alongside or as a backdrop to the proposed built form on the appeal site. The development would therefore retain a rather verdant character, whilst trees and vegetation are also likely to filter public views of much of the development and soften the proposed built form. 16.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Areas of additional planting may be somewhat restricted to either private gardens or limited spaces alongside the internal access road. Nevertheless, there would remain some potential to reinforce retained vegetation with https://www.gov.uk/planning-inspectorate 3

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Areas of additional planting may be somewhat restricted to either private gardens or limited spaces alongside the internal access road. Nevertheless, there would remain some potential to reinforce retained vegetation with https://www.gov.uk/planning-inspectorate 3

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 additional planting, and the appellant has indicated a willingness to provide additional landscaping measures through conditions attached to any permission. 17. Given the relatively modest scale of the site and proposed development, I do not consider it would be necessary to provide areas of public/semi-public open space, nor is there any evidence before me that there is an under provision of such spaces nearby. Furthermore, each property would be provided with suitably sized gardens, including front garden areas, whereby activities such as gardening can lead to social interactions with neighbouring residents. 18. Turning to the proposed access arrangements, proposed Plot 1 would be accessed via an existing access to the south-west of the site from Woodlands Lane. Meanwhile, an existing access to the south-east of the site is proposed to be upgraded, to provide access to the remaining plots that are set further back within the site. This would involve widening the access at its bell-mouth with Woodlands Lane. 19. The proposed main entrance into the site would be fairly wide, particularly with footpaths proposed to be provided to both sides of the initial entrance.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Nonetheless, it would appear similar to existing vehicular access arrangements that I viewed to residential streets nearby within Windlesham. Additionally, while the section of Woodland Lane that the appeal site sits on has a semi- rural character, it remains a relatively wide and well trafficked highway. Indeed, the highway is formed of two carriageways as well as a pedestrian footway, while not far beyond the site it opens out onto a bridge over the M3 motorway. Given this context, I do not find the proposed site access arrangements would appear as an overly engineered design or at odds with its surroundings. 20. Nor do I consider that the proposed internal access road would dominate the proposed development. The road appears to have been kept to an appropriate width for safe movement of vehicles and pedestrians and would be lined in parts by garden spaces or mature vegetation. It also appears to follow a logical route that takes account of the site’s geometry, whilst enabling the efficient use of the site for residential development. 21. Accordingly, I find that the proposed development would not cause harm to the character or appearance of the area.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision In respect of this first main issue, the appeal scheme therefore complies with Policies WNP2.1 and WNP2.2 of the WNP and Policies CP2 and DM9 of the Core Strategy and Development Management Policies (adopted 2012) (the Core Strategy). Together, amongst other matters these policies seek for development to be sympathetic to local character and the surrounding built environment. Highway Safety – Parking 22. Policy WNP4.1 relates specifically to parking space design in new residential developments. The policy sets out that where garaging is included it shall have dimensions compatible with the size of modern vehicles. It also highlights that such structures are important storage facilities for the majority of households. The policy further goes on to state: “To meet these objectives garages should have minimum internal dimensions of 3m wide by 7m long with an unobstructed entry width of 2.3m” (my emphasis added). https://www.gov.uk/planning-inspectorate 4

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 23. Read alongside its supporting text, I find that the purpose of Policy WNP4.1 is to ensure that sufficient parking is provided to new residential developments, so as to avoid parking on highways causing problems with flows of traffic or highway safety. 24. Although the proposed garage spaces may marginally fall below the minimum size standards outlined under Policy WNP4.1, the wording of the policy is such that the specified sizes are recommended (i.e. ‘should’) as opposed to being a strict requirement. 25. Irrespective of whether the proposed garages meet the precise dimensions expressed under Policy WNP4.1, I consider the proposed garages are of a suitable scale that are likely to be compatible with many modern vehicles and therefore could be used for parking of motor-vehicles. Additionally, the proposed dwellings would also be served by driveways that could accommodate larger sized vehicles. 26. Each of the proposed dwellings also contain suitable levels of floorspace, such that they are likely to be provided with ample levels of domestic storage/utility space for their intended occupiers. While bin and cycle stores would be provided in addition to the garages.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision As such, I consider that there is a realistic prospect that the garages could be maintained for the purpose of parking vehicles. Still, even if the dimensions of the proposed garages were slightly larger to meet those recommended under Policy WNP4.1, there can be no guarantees that future occupiers of the proposed dwellings would utilise the garages for parking of vehicles. 27. Overall, I am satisfied that each of the dwellings would be provided with a suitable level of off-street parking, such that the development is unlikely to cause significant overspilling of vehicles parking on the highway or lead to unsafe obstructions in the highway. Indeed, the County Highway Authority has not objected to the proposed development subject to the imposition of relevant conditions to be attached to the grant of any permission. 28. From my observations on site and the available evidence, including third party representations, I am also content that there is capacity in the local road network to accommodate the proposed development.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision While subject to a condition in relation to the appropriate provision of the vehicular access and associated visibility splays, the proposed development would be served by a suitable safe access and egress onto the wider transport network. 29. Accordingly, I am satisfied that the proposed development would not result in adverse effects upon highway safety. Although the proposed garages may not meet the minimum dimensions outlined under Policy WNP4.1, I still find the proposal would not conflict with the requirements or purposes of the policy. Likewise, the proposal would adhere to Policies DM9 and DM11 of the Core Strategy, which, amongst other matters, seek to promote high-quality design that would not adversely impact on the safe and efficient use of the highway network. Other Matters 30. The appeal site is located within 5kms, and therefore the zone of influence, of the Thames Basin Heath Special Protection Area (SPA). The SPA is a European designated site protected under the Conservation of Habitats and Species https://www.gov.uk/planning-inspectorate 5

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 Regulations 2017 (the Habitat Regulations). The SPA is designated as an internationally important breeding habitat for several rare species of birds. 31. The Habitats Regulations require that permission may only be granted after having ascertained that it will not affect the integrity of the relevant site. The appeal scheme would result in a net gain of six dwellings at the site, and in combination with other development permitted in the area, there would be a likely significant adverse effect on the integrity of the SPA, through increased recreational activity associated with new housing in close proximity to the SPA. 32. Consideration may be given to any conditions or other restrictions which could secure mitigation and so provide certainty that the proposal would not adversely affect the integrity of the site. The appellant has provided a completed Unilateral Undertaking (the UU) under Section S106 of the Town and Country Planning Act 1990. The UU would provide a financial contribution of £8,410.873 for Strategic Access Management and Monitoring (SAMM) to assist measures to better manage and monitor visitors to the SPA.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision This aligns with the requirements of the adopted Thames Basin Heaths Special Protection Area Avoidance Strategy (2012). 33. The Council has highlighted that the requirement for mitigation in the form of a financial contribution towards the provision of Suitable Alternative Natural Green Space (SANGS) would be payable through the Community Infrastructure Levy (CIL). The proposal would be liable for CIL payments, and the adopted CIL schedule in the area covers charges in respect of this matter. The Council has also confirmed that there is sufficient SANG capacity available for the proposed development, although the limited capacity of these SANGs is being managed through the imposition of a condition on new permissions requiring commencement of development within one year. Furthermore, should CIL relief be secured for the proposed development, the UU also includes a clause to ensure that an appropriate financial contribution towards SANG could still be captured. 34. As part of the consideration of the proposed development, Natural England confirmed that it has no objection subject to securing mitigation measures in accordance with the above strategy.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision As the competent authority, I am therefore satisfied that, with the proposed mitigation, the development would not have an adverse effect on the integrity of the SPA. The proposed development would therefore comply with the Habitat Regulations. 35. The appeal scheme would make efficient use of a previously developed site. From the available evidence and my on-site observations, there appeared to be a range of facilities and services within suitable walking distance from the site, as well as scope for any future residents of the development to access public transport. The appellant’s submitted energy statement also demonstrates that the proposed dwellings’ energy performance would exceed current building regulations, through incorporating various energy efficiency measures alongside the use of air source heat pumps. As such, I do not consider the proposed development to be unsustainable or that it would have an inherently greater impact on climate change than other forms of residential development. 3 Index linked. https://www.gov.uk/planning-inspectorate 6

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 36. The proposal would provide an appropriate mix of family sized dwellings. Irrespective of whether the Council can demonstrate a five-year housing land supply, I find the appeal site to be a suitable location for such residential development. This is also reflected by the fact that it has been allocated as a housing reserve site and that the development of approximately 120 dwellings have been approved on the immediately adjacent site. Indeed, the appeal site is included within the Council’s anticipated five-year housing land supply under its SHLAA. Moreover, the Framework seeks to significantly boost the supply of housing and the ability to deliver a five-year housing land supply should not restrict further suitable housing growth. 37. I recognise that Windlesham is experiencing significant housing growth. The WNP suggests that it is reasonable to expect between 25 – 50 dwellings (during the plan period) would sustain the organic growth rate of the village. Such figures however are only indicative in nature, while the WNP does not include any allocations for housing.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Moreover, much of the growth that Windlesham is experiencing is part of the allocated reserve housing site, which the foreword to the WNP acknowledges as falling outside its remit. 38. The Council is in the process of preparing its New Local Plan, but it remains at a relatively early stage of the process. Therefore, I afford the emerging spatial strategy extremely limited weight. Additionally, given the scale of the proposed development it would not undermine the emerging development plan and therefore I do not consider the proposal to be premature. 39. Given the various above factors, I find the principle of development at the site to be acceptable. 40. The appeal scheme was accompanied by a detailed Flood Risk Assessment (FRA), which indicates that the site is located within Flood Zone 1 (deemed to have a low probability of flooding). Based on the findings of the FRA, and subject to a pre-commencement condition requiring the approval of a detailed surface water strategy, I am satisfied that the proposed development would not lead to a harmful increase in flood risk at the site or surrounding area.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Meanwhile, there is no detailed evidence before me to suggest that there is a lack of sewage capacity to accommodate the proposal’s foul drainage. 41. Despite its proximity to the M3 motorway, there is also no robust evidence before me to suggest that the proposal would lead to adverse air quality or noise impacts to existing or future residents in the area. 42. Third parties have expressed concerns in relation to the availability and capacity of existing local services to accommodate the proposal (along with other nearby emerging developments). There are, however, no robust details before me to support these concerns. The proposed development would also attract CIL payments, which the Council has confirmed would go towards improving infrastructure projects to support increased development. 43. The appeal scheme was accompanied by a preliminary ecological appraisal and bat emergence survey that were undertaken by a suitably qualified expert. The findings of which demonstrated that there are no overriding ecological constraints that would prevent the proposed redevelopment of the appeal site.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Subject to the imposition of suggested conditions, this view was shared by both the Surrey Wildlife Trust and the Local Planning Authority. There are no robust reasons for me to reach an alternative view. Consequently, based on https://www.gov.uk/planning-inspectorate 7

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Subject to the imposition of suggested conditions, this view was shared by both the Surrey Wildlife Trust and the Local Planning Authority. There are no robust reasons for me to reach an alternative view. Consequently, based on https://www.gov.uk/planning-inspectorate 7

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 the available evidence, and subject to the imposition of suitably worded conditions, I am satisfied that the proposed development would not result in harm to ecology. 44. It is not the role of the appeal scheme to address existing perceived inadequacies in the surrounding area, for example, a lack of speed cameras or pelican crossings within the village. 45. The appeal scheme is modest in size, still I have also noted the various concerns over the cumulative impacts of several developments in this part of Windlesham. However, based on the evidence before me, my decision does not turn on these matters. Conditions 46. Main parties have had the opportunity to comment on suggested draft conditions in the event planning permission were to be allowed. These largely followed the conditions previously put forward by the planning officer in the planning committee report. Where necessary, I have amended the conditions to reflect the tests of conditions set out in the Framework and the Planning Practice Guidance (PPG). 47. The implementation period for the planning permission has been limited to one year.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision This is to ensure that available SANGS capacity within the Council’s area is not left artificially depleted due to unimplemented planning permissions. I have also imposed a condition requiring the development is carried out in accordance with the approved plans for clarity and certainty. 48. It is necessary to attach a pre-commencement condition relating to surface water drainage. This is to ensure that appropriate measures can be incorporated at the outset of development to mitigate the risks of surface water flooding. 49. A pre-commencement condition requiring the approval of a Construction Transport Management Plan is also necessary to ensure that development operations do not cause harm to highway safety, as well as to minimise any adverse environmental impacts on neighbouring occupiers. Similarly, it is necessary that conditions in relation to the approval of a Construction Environmental Management Plan and an ecology and habitat mitigation strategy are also pre-commencement, so as to ensure the proposed development works do not cause harm to ecology/biodiversity. 50.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Conditions requiring the approval of a scheme of hard and soft landscaping, an updated arboricultural method statement, as well as the approval of the external materials and the detailing of windows and doors for the proposed dwellings are all reasonable and necessary in the interest of the character and appearance of the area. Similarly, a condition that sets out measures for the replacement of trees or plants forming part of the approved landscaping is also reasonable and necessary in the interests of the character and appearance of the area. 51. Conditions in relation to the provision of the site access and visibility splays, as well as the provision of parking spaces and vehicle turning areas are necessary in the interests of highway safety. The condition to secure bicycle storage facilities is necessary to promote cycling as an alternative to private car use. A condition requiring provision of electric vehicle charging points is necessary in https://www.gov.uk/planning-inspectorate 8

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3341569 the interests of sustainable transport. Meanwhile, a condition requiring the implementation of carbon off-setting measures detailed within the appellant’s submitted energy statement is reasonable and necessary on sustainability grounds. 52. The Council has previously recommended a condition removing various permitted development rights for the proposed dwellings. However, no suitably detailed justification to restrict these permitted development rights has been presented. Accordingly, I am not convinced in this instance that such a condition is reasonable or necessary and it has therefore not been attached to the permission. Conclusion 53. For the reasons outlined above, having regard to the development plan and all other material considerations, including the provision of the Framework, the appeal is allowed.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé INSPECTOR https://www.gov.uk/planning-inspectorate 9

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé INSPECTOR https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/D3640/W/24/3341569 Schedule of Conditions 1) The development hereby permitted shall begin not later than one year from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos: - Location Plan, Drawing No. 22 - J4211 – LP - Site Plan, Drawing No. 23- J4241- 100 Rev A - Coloured Site Plan, Drawing No. 23- J4241- 100.1 Rev A - Plot 1 Floor Plans & Elevations, Drawing No. 22- J4211 – 101 - Plot 2&3 Floor Plans & Elevations, Drawing No. 22- J4211 – 102 - Plot 4&5 Floor Plans & Elevations, Drawing No., 22- J4211 – 103 - Plot 6 Floor Plans & Elevations, Drawing No. 22- J4211 – 104 - Plot 7 Floor Plans & Elevations, Drawing No. 22- J4211 – 105 - Proposed Garage, Drawing No. 22 - J4211 - 106 - Proposed Street Scene, Drawing No. 22 - J4211 - 107 3) No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé The submitted details shall include: a) Evidence that the proposed final solution will effectively manage the 1 in 30 (+35% allowance for climate change) & 1 in 100 (+40% allowance for climate change) storm events, during all stages of the development. The final solution should follow the principles set out in the approved drainage strategy. Associated discharge rates and storage volumes shall be provided using maximum staged discharge rates of 1 in 1yr 8.0 l/s, 1 in 30yr 16.8l/s, 1 in 100yr 18.9l/s, 1 in 100yr + 40% 22.1 l/s. b) Detailed drainage design drawings and calculations to include: a finalised drainage layout detailing the location of drainage elements, pipe diameters, levels, and long and cross sections of each element including details of any flow restrictions and maintenance/risk reducing features (silt traps, inspection chambers etc.). c) A plan showing exceedance flows (i.e. during rainfall greater than design events or during blockage) and how property on and off site will be protected from increased flood risk.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé d) Details of how the drainage system will be protected during construction and how runoff (including any pollutants) from the development site will be managed before the drainage system is operational. https://www.gov.uk/planning-inspectorate 10

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé d) Details of how the drainage system will be protected during construction and how runoff (including any pollutants) from the development site will be managed before the drainage system is operational. https://www.gov.uk/planning-inspectorate 10

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Appeal Decision APP/D3640/W/24/3341569 e) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the approved management and maintenance plan. 4) No development shall take place, including any works of demolition, until an Ecology and Habitat Mitigation Strategy has been submitted to and approved in writing by the Local Planning Authority. The content of the strategy shall include the following: a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé g) Details of the body or organization responsible for implementation of the plan. h) Ongoing monitoring and remedial measures. i) Biodiversity Net Gain Assessment j) Woodland Mitigation Strategy. k) Ecological Enhancement Plan The development shall be carried out in accordance with the approved Ecology and Habitat Mitigation Strategy. 5) No development shall take place, including any works of demolition, until a Construction Transport Management Plan has been submitted to and approved in writing by the Local Planning Authority. Such details to include: (a) parking for vehicles of site personnel, operatives, and visitors (b) loading and unloading of plant and materials (c) storage of plant and materials (d) programme of works (including measures for traffic management) (e) provision of boundary hoarding behind any visibility zones (f) HGV deliveries and hours of operation (g) vehicle routing (h) measures to prevent the deposit of materials on the highway (i) on-site turning for construction vehicles. https://www.gov.uk/planning-inspectorate 11

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Appeal Decision APP/D3640/W/24/3341569 The approved Construction Transport Management Plan shall be adhered to throughout the construction period for the development. 6) No development shall take place, including any works of demolition, until a Construction Environmental Management Plan (CEMP) document has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall provide for the following: a) Map showing the location of all of the ecological features b) Risk assessment of the potentially damaging construction activities c) Practical measures to avoid and reduce impacts during construction d) Location and timing of works to avoid harm to biodiversity features e) Responsible persons and lines of communication f) Use of protected fences, exclusion barriers and warning signs.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé g) Site operation time h) Details of proposed means of dust suppression and emission control i) Details of proposed means of noise mitigation and control j) Lighting impact mitigation (if artificial lighting will be used during the development) k) Construction material and waste management l) Procedure for implementing the CEMP m) Complaint procedure The approved Construction Environmental Management Plan shall be adhered to throughout the construction period of the development. 7) No site clearance, preparatory work or development shall take place until an updated Arboricultural Method Statement (AMS) and Tree Protection Plan has been submitted and approved in writing by the Local Planning Authority. These documents shall be written in accordance with British Standard 5837:2012 "Trees in Relation to Design, Demolition and Construction (or any equivalent British Standard if replaced). Thereafter works will be carried out in accordance with the approved details.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 8) No development above ground level shall take place until details / samples of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details / samples. 9) No development above ground level shall take place until details of the window and doors, including their reveals (and dimensions of any recess), and material have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 10) No development above ground level shall take place until a scheme of hard and soft landscaping has been submitted to and approved in writing by the local planning authority, which shall include details of all hard surfaces, walls, fences and boundary treatments, access features, the https://www.gov.uk/planning-inspectorate 12

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Appeal Decision APP/D3640/W/24/3341569 existing trees and hedges to be retained, any new planting to be carried out, and an implementation programme. The landscaping works shall be carried out in accordance with the approved details in accordance with the implementation programme. 11) If, within a period of 5 years from the date of planting, any tree or plants forming part of the approved landscaping scheme, is removed, uprooted, destroyed or dies or becomes seriously damaged or defective, another tree of the same size and species as that originally planted shall be planted at the same place within the first planting season following the removal, uprooting, destruction or death of the original tree unless the local planning authority gives its written consent to any variation. Prior to the installation of external lighting, full details including height, design, location and intensity shall be submitted to and approved in writing by the local planning authority. The lighting installation shall then be carried out in accordance with the approved details. 12) The development shall not be first occupied until the proposed modified vehicular accesses to Woodlands Lane has been constructed in accordance with Drawing No.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 23-J4241-100 Rev A and provided with 2.4 x 43 metre visibility splays. Access shall thereafter be permanently maintained, and the visibility splays shall be kept free of any obstruction between 0.6 and 2.0m above the level of the carriageway. 13) Prior to the first occupation of the development hereby approved, car parking and turning space shall be laid out in in accordance with the approved drawing No. 23-J4241-100 Rev A. The car parking and turning areas shall thereafter be kept available at all times for those purposes. 14) Details of electric vehicle fast charging points to serve each of the dwellings shall be submitted to and approved in writing by the Local Planning Authority. The electric vehicle fast charging points shall be installed at the site in accordance with the approved details prior to the first occupation of the development hereby approved and retained thereafter. 15) Prior to the first occupation of the development hereby approved, cycle storage for each dwelling shall be provided in accordance with details that has first been submitted to and approved in writing by the Local Planning Authority. The cycle storage spaces shall thereafter be retained for such purposes.

The Ferns, Woodlands Lane, WINDLESHAM, Surrey, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 16) The development hereby approved shall be implemented in accordance with the recommendations and carbon offsetting measures outlined in the submitted Energy Statement by MES Building Solutions (Issue 1.0 dated 14 May 2023). https://www.gov.uk/planning-inspectorate 13