St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS
Surrey Heath Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 25 November 2024
- Authority
- Surrey Heath Borough Council
- Inspector
- Conde L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- SCWW3 Ltd
- LPA reference
- 23/0581/FFU
- ONS LPA code
- E07000214
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 18 June 2024
Summary AI
The Inspector allowed the appeal for the erection of 9 dwellings at St. Margarets Woodlands Lane, Windlesham, as the proposed development would not cause harm to the character or appearance of the area. The Inspector also considered that the proposal would not result in any significant highway safety risks, would not have an adverse effect on the integrity of the Thames Basin Heath Special Protection Area, and would be consistent with policies DM9 of the Core Strategy and Development Management Policies, WNP2.1 of the Windlesham Neighbourhood Plan, and the Residential Design Guide Supplementary Planning Document.
PDF text
St. Margarets Woodlands Lane, WINDLESHAM, 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/24/3343307 St. Margarets Woodlands Lane, Windlesham 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 SCWW3 Ltd against the decision of Surrey Heath Borough Council. • The application Ref is 23/0581/FFU. • The development proposed is Erection of 9 dwellings following demolition of existing dwelling. Decision 1. The appeal is allowed and planning permission is granted for the erection of 9 dwellings following demolition of an existing dwelling at St. Margarets Woodlands Lane, Windlesham, GU20 6AS in accordance with the terms of the application, Ref 23/0581/FFU, subject to the conditions in the attached schedule. Preliminary Matters 2. I am the appointed Inspector dealing with another appeal1 for residential development at a site ‘The Ferns’ that lies immediately adjacent to this current appeal site. Given the contextual similarities between the cases, there is a degree of duplication in my reports.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision For example, in describing the sites and surrounding areas and addressing matters raised by third parties. Each case though has been determined on its own individual merits. 3. 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 immediately 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. Main Issues 4. The main issues are the effect of the proposed development on: a) the character and appearance of the area; b) highway safety; and c) the Thames Basin Heath Special Protection Area. 1 APP/D3640/W/24/3341569 - The Ferns, Woodlands Lane, Windlesham, Surrey 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
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 Reasons Character and Appearance 5. The appeal site comprises a detached dwelling set rather centrally within a substantial plot off 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). 6. The site lies a short distance beyond the settlement boundary and main built form of Windlesham. Adjoining the appeal site is a detached dwelling ‘The Ferns’ which is set in a similarly spacious plot that is also largely enclosed by mature vegetation, including woodland. Other than ‘The Ferns, 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 woodland 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. 7.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Dwellings found in the wider surrounding area are typically two storeys and detached or semi-detached, but their age and architectural style varies albeit mainly display a traditional form and features. Likewise, there is also divergence in plot sizes and the spacing between dwellings nearby. A common characteristic though is that the nearby streetscapes within Windlesham typically contain mature vegetation. This is frequently in the form of trees and vegetation within dwellings’ private plots. 8. 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 to the north of 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 immediately to the east of the appeal site, again with an access approved off Woodlands Lane.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision 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. 9. 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 The Ferns, the implications of which would also have the potential to alter the character and appearance of the area. 10. The proposal before me would involve the delivery of eight semi-detached and a single detached dwelling on the site. Although the proposed dwellings would be sited close together, their proximity to one another would be comparable to other properties found in the surrounding area, such as along the neighbouring street of Heathpark Drive. Each of the proposed dwellings also https://www.gov.uk/planning-inspectorate 2
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 contain single storey side elements, therefore, the space between properties increases from first floor level. This would ensure that glimpsed views, between the buildings, could be had of mature trees/vegetation bordering the appeal site. Additionally, the proposed dwellings would be served by sizeable plots, such that they would not appear as a cramped form of development. The linear layout of parking proposed to serve most dwellings is also broadly comparable to that approved on neighbouring sites, and to my mind also does not result in the proposed development appearing cramped. 11. The proposed dwellings would contain three storeys. The maximum ridge height of the proposed dwellings though is not excessive, with their second floor set within the roof space. Additionally, the rather steeply pitched hipped roof design of the dwellings, together with the inclusion of rooflights to serve the loft rooms would ensure that the buildings do not appear bulky. Instead, I find that the proposed dwellings would largely read as two storey properties that are broadly similar in scale and massing to dwellings that can be found in the surrounding area.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Meanwhile, the architectural design of the dwellings, including their detailing and use of traditional, contrasting, materials is fitting for this location. 12. The appeal scheme does not contain an area of public open space and only limited roadside planting opportunities. Nonetheless, the layout of the proposed dwellings would rather closely resemble the scheme for the neighbouring site3, which the Council has recently reached a resolution to grant planning permission on. Given the relatively modest scale of the appeal site and the proposed development, I do not consider it necessary that the proposal provides on-site public open space, while there is no detailed evidence before me that there is an under provision of such spaces nearby. 13. The application and subsequent appeal proposal does not include a detailed landscaping scheme. Each dwelling though would be served by generous rear gardens, along with suitably sized front gardens. As such, the plots would be capable of incorporating appropriate landscaping to soften the proposed built form, with more limited verge planting possible alongside the access road. Such landscaping could be suitably secured via an appropriate condition on the grant of a permission. 14.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Several trees would be removed to facilitate the proposal, albeit mainly lower quality specimens. Notably two category C and a Category B tree towards the front of the site would be removed but this would be required to provide suitable vehicular access. Still, most trees along the site boundaries and site access are to be retained and would provide screening, as well as softening views of the proposed development. Additionally, there is an opportunity to provide replacement tree planting, within plots, as part of the landscaping condition on a grant of permission. 15. The proposed dwellings would also be set back a significant distance from Woodlands Lane, while a band of mature trees subject to an area TPO sits in front of the appeal site. Mature trees would also form the backdrop to many of the proposed dwellings. 16. Cumulatively, the scale and siting of the proposed dwellings and the more modest landscaping opportunities throughout the site, would result in the 3 23/0080/FFU - Land East Of St Margarets Woodlands Lane Windlesham Surrey GU20 6AS https://www.gov.uk/planning-inspectorate 3
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 proposed development appearing to have a tighter urban grain than existing nearby residential built form or emerging developments on adjacent sites, but not significantly so. Furthermore, the site would be relatively well contained by mature trees (many subject to a TPO), such that views of the proposed development would be heavily filtered, whilst also most likely highly transient in nature. 17. Subject to conditions requiring approval of a detailed landscaping scheme and removing relevant permitted development rights, I am satisfied that the appeal scheme would maintain a rather verdant character and would not be dominated by built form or having an overly urbanising impact. 18. In respect of this first main issue, I find the proposed development to be of a suitable design and layout that would not cause harm to the character or appearance of the area. It therefore does not conflict with policies DM9 of the Core Strategy and Development Management Policies (adopted 2012) (the Core Strategy), WNP2.1 of the Windlesham Neighbourhood Plan (WNP) or the overall aims of the Council’s Residential Design Guide Supplementary Planning Document (adopted 2017).
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Together, amongst other matters these policies and guidance seek for development to be sympathetic to local character and the surrounding built environment. Highway Safety 19. Each of the proposed dwellings would be served by 3 parking spaces. The level of parking provision is deemed suitable to meet the needs of the proposed development. 20. The proposed parking spaces would predominantly be provided in the form of private garages and drive-way spaces laid out in linear arrangements to the side of the proposed dwellings. The linear layout of most of the parking spaces may necessitate more vehicle manoeuvres within the site than alternative driveway/parking arrangements. However, future homeowners are likely to seek to park vehicles in a manner to reduce the need to manoeuvre vehicles in and out of their driveways (i.e. least commonly used vehicle not obstructing other vehicles). Furthermore, the development is for only nine dwellings, as such, the typical levels of vehicle movements throughout the day (including at peak times) are likely to remain low. 21.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Vehicle’s entering/egressing driveways are also likely to be moving at low speeds, with drivers needing to have an awareness of any conflicts when pulling out onto the highway. The length of the proposed road serving the development is also limited, such that vehicle speeds are likely to remain low throughout the site. 22. Due to a lack of proposed footpaths, pedestrians walking within the site would be doing so on a shared-surface with motor vehicles. Pedestrians walking through the site are therefore likely to be paying greater attention to their surroundings and alert to potential dangers of motor vehicles. Although the access road does not incorporate pedestrian refuge places, it appears to be of sufficient width so that cars and pedestrians can pass by one another without coming uncomfortably close. Additionally, pedestrians would only be walking a very limited distance along the proposed shared-surface within the site. As the site is a small-scale cul-de-sac, the vehicle traffic it is likely to attract will also most likely be limited to residents and regular visitors, who would most https://www.gov.uk/planning-inspectorate 4
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 probably be familiar with the road layout and the absence of separate footways. 23. Even if the proposed shared surface does not fully align with the advice of the Surrey Design Guide Technical Appendix regarding shared-surfaces, to my mind, the above factors will highly limit the potential for conflict between pedestrians and motor-vehicles. Accordingly, I do not consider the proposed layout of parking spaces, alongside the proposed road layout, to result in any significant highway safety risks. 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. 24. 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. 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. 25.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Accordingly, subject to attaching relevant conditions on the grant of a permission, I find that the appeal scheme would not result in harm to highway safety. It therefore adheres to Core Strategy Policies CP11 and DM11. Together these policies, amongst other matters, seeks to ensure that new developments are designed to ensure vehicular and pedestrian safety. Likewise, the proposal conforms with the aims of the Framework in respect of promoting highway safety. Thames Basin Heath Special Protection Area 26. 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 Regulations 2017 (the Habitat Regulations). The SPA is designated due to it comprising an internationally important area of heathlands that support rare species of birds, namely nightjar, Dartford warbler and woodlark. 27. The conservation objectives for the SPA are, in summary, to ensure that the integrity of the site is maintained or restored to protect the habitat and the birds that depend on it.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision The birds that are features of the SPA are vulnerable to disturbance from recreational activity. 28. 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 eight dwellings, 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 residents of new housing near the SPA. 29. 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. Together, Core Strategy Policy CP14, Policy NRM6 of the South East Plan (2009) (SEP), and the Thames Basin Heaths Special Protection Area Avoidance Strategy (2012), set out appropriate mitigation measures that would need to be secured for such development. This mitigation is required to be achieved through financial contributions towards https://www.gov.uk/planning-inspectorate 5
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 Strategic Access Management and Monitoring (SAMM), to aid monitoring and management of the impacts of people utilising the SPA. Further mitigation is also necessary through financial contributions towards the provision of Suitable Alternative Natural Green Space (SANGS) within the Council’s borough, which is aimed at providing alternative recreation locations to the SPA. 30. During the course of the appeal, the appellant has provided a completed Unilateral Undertaking under Section S106 of the Town and Country Planning Act 1990 (the UU). This would secure a financial contribution of £9,427.384 for SAMM to assist measures to better manage and monitor visitors to the SPA. This aligns with the requirements of the SPA Avoidance Strategy. 31. The Council has highlighted that the requirement for mitigation in respect of SANG would be payable through the Community Infrastructure Levy (CIL), which again would be in line with the SPA Avoidance Strategy. The proposal would be liable for CIL payments, and the adopted CIL schedule in the area covers charges in respect of this matter.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision 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. 32. 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. 33. Given the above, 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 as well as Policies CP14 of the Core Strategy and NRM6 of the SEP. Other Matters 34. The appeal scheme would make efficient use of a previously developed site.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision 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 proposed dwellings meanwhile would be required to meet energy efficiency standards imposed by building regulations. 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. 35. 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 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 4 Index linked. https://www.gov.uk/planning-inspectorate 6
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 is included within the Council’s anticipated five-year housing land supply under its Strategic Housing Land Availability Assessment (the 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. 36. 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. 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. 37. 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.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision 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. 38. Given the various above factors, I find the principle of development at the site to be acceptable. 39. 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. 40. Foul drainage is proposed to be discharged to an existing Thames Water sewer in Woodlands Lane, which would require a separate approval from the statutory undertaker. However, there is no robust evidence to demonstrate there is a lack of sewage capacity or that the development will be prevented from discharging into the existing sewer. 41.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision The proximity of the M3 motorway was noted on my site visit, nonetheless from the evidence before me, the level of tree loss on the appeal site would not lead to any significant increased noise or air quality impacts to neighbouring residents. Additionally, subject to compliance with relevant conditions, including adherence to recommendations within the appellant’s submitted noise impact report, the proposed dwellings would offer suitable living conditions for potential future occupiers. 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 an ecological report. The report, which was based on both desktop and a walkover field survey, found that there are no overriding ecological constraints that would prevent the proposed redevelopment of the appeal site.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision This view has been shared by both the local https://www.gov.uk/planning-inspectorate 7
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision This view has been shared by both the local https://www.gov.uk/planning-inspectorate 7
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 planning authority and the Surrey Wildlife Trust. Consequently, based on the available evidence, and subject to the imposition of suitably worded conditions to secure compliance with the recommendations of the ecological report, 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. The Council provided draft conditions in the event that planning permission was to be granted. I have considered these in light of the tests of conditions set out in the Framework and the Planning Practice Guidance. Where necessary amendments have been made to the wording of suggested conditions. 47. The implementation period for the planning permission has been limited to one year.
St. Margarets Woodlands Lane, WINDLESHAM, 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 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. A pre- commencement condition in relation to a Construction Environmental Management Plan is also necessary as the proposed development activities have the potential to cause harm to ecology/biodiversity. 50.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Conditions requiring the approval of a scheme of hard and soft landscaping, the external materials to the dwellings, and the detailing of windows and doors are 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 works to, or near, trees at the site are reasonable and necessary to protect the health of trees in the interests of the character and appearance of the area. 52. A condition requiring adherence to the recommendations in the submitted ecology report is necessary in the interests of biodiversity. Meanwhile, a condition requiring adherence to the recommendations of the submitted noise impact report is needed to secure appropriate living conditions for future occupiers of the proposed development. I have also added a condition https://www.gov.uk/planning-inspectorate 8
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision Appeal Decision APP/D3640/W/24/3343307 requiring that the details of the acoustic barrier recommended (as part of the mitigation strategy) outlined within the Noise Impact report are to be approved prior to its installation. This is to provide clarity and certainty as to what is proposed and also to protect the living conditions of potential future occupiers. 53. 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 the interests of sustainable transport. 54. I have also found it reasonable and necessary to attach a condition restricting the use of permitted development rights under Class A and Class E of the Town and Country Planning (General Permitted Development) Order 2015 (the GPDO).
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Appeal Decision This is because the scale and space between buildings, including open garden areas, will be key to the development integrating with its surroundings and not harming the character and appearance of the area. As such, potential future proposals for works under Class A or E of the GPDO should be subject to detailed consideration. Conclusion 55. 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.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé INSPECTOR https://www.gov.uk/planning-inspectorate 9
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé INSPECTOR https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/D3640/W/24/3343307 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 and Block Plan - Drawing Number 2023-P-623-001; - Plot 1 - Elevations and Floor Plans - Drawing Number 2023-P-623- 002; - Plots 2 & 3 - Elevations and Floor Plans - Drawing Number 2023-P- 623-003; - Plots 4 & 5 - Elevations and Floor Plans - Drawing Number 2023-P- 623-004; - Plots 6 & 7 - Elevations and Floor Plans - Drawing Number 2023-P- 623-005; - Plots 8 & 9 - Elevations and Floor Plans - Drawing Number 2023-P- 623-006; - Front Elevations - Drawing Number 2023-P-623-007; - Proposed Site Access - Drawing Number 001 Rev E (dated 20.04.2023) - Proposed Site Layout (Tree Protection Plan) – DPA-9024-03 Rev B (Dated Oct 23) (see Appendix 4 of the Arboricultural Impact Assessment prepared by DPA dated October 2023).
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 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 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.). https://www.gov.uk/planning-inspectorate 10
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Appeal Decision APP/D3640/W/24/3343307 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. 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. 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 a Construction Environmental Management Plan (CEMP) document has been submitted to and approved in writing by the Local Planning Authority.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 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. (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. 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.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Such details to include: (a) parking for vehicles of site personnel, operatives, and visitors https://www.gov.uk/planning-inspectorate 11
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Such details to include: (a) parking for vehicles of site personnel, operatives, and visitors https://www.gov.uk/planning-inspectorate 11
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Appeal Decision APP/D3640/W/24/3343307 (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. The approved Construction Transport Management Plan shall be adhered to throughout the construction period for the development. 6) 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. 7) 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.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 8) 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 walls, fences and boundary treatments, existing trees and hedges to be retained, any new planting to be carried out along with an implementation programme. The landscaping works shall be carried out in accordance with the approved details in accordance with the implementation programme. 9) All the trees shown to be retained on DPA-9024-03 Rev B (Dated Oct 23) ‘Tree Protection Plan’ and or any trees whose canopies overhang the site shall be protected through the erection of fencing and the measures specified in the Arboricultural Impact Assessment by DPA dated October 2023. The fencing shall be erect in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purpose of the development and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area and the ground levels within those area shall not be altered, nor shall any excavations be made.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars. https://www.gov.uk/planning-inspectorate 12
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars. https://www.gov.uk/planning-inspectorate 12 Appeal Decision APP/D3640/W/24/3343307 10) No fires shall be lit within 6 metres of the nearest point of the canopy of any retained tree. In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars. 11) All tree work shall be carried out in accordance with British Standard BS 3998: Tree work: Recommendations (or an equivalent British Standard if replaced). 12) No development shall take place until a scheme of monitoring/supervision of the arboriculutral protection measures outlined by conditions 9 to 10 has been submitted to and approved in writing by the Local Planning Authority. The scheme of monitoring/supervision shall be undertaken by a suitably qualified tree specialist and in accordance with the approved details.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 13) 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. 14) The development hereby approved shall be implemented in accordance with the recommendations set out in the submitted Ecological Report by AA Environmental Ltd, dated May 2023. 15) The development hereby approved shall be implemented in accordance with the recommendations and mitigation measures set out in the submitted Noise Impact Report by Spratt + Hamer, Ref.20564 V2 dated 21 April 2023. These measures shall be retained for the life of the development. 16) Details of the acoustic barrier recommended within the Noise Impact Report (by Spratt + Hamer, Ref.20564 V2 dated 21 April 2023), shall be submitted to and approved in writing by the Local Planning Authority.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé The acoustic barrier shall be installed at the site in accordance with the approved details prior to the first occupation of the development hereby permitted and retained/maintained thereafter. 17) The development shall not be first occupied until the proposed modified vehicular and pedestrian accesses to Woodlands Lane has been constructed in accordance with drawing no. 001 Rev E (Proposed Site Access), which shall include the shown 2.4 x 120 metre visibility splays. https://www.gov.uk/planning-inspectorate 13
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé The acoustic barrier shall be installed at the site in accordance with the approved details prior to the first occupation of the development hereby permitted and retained/maintained thereafter. 17) The development shall not be first occupied until the proposed modified vehicular and pedestrian accesses to Woodlands Lane has been constructed in accordance with drawing no. 001 Rev E (Proposed Site Access), which shall include the shown 2.4 x 120 metre visibility splays. https://www.gov.uk/planning-inspectorate 13
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé Appeal Decision APP/D3640/W/24/3343307 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. 18) 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. 001 Rev E) The car parking and turning areas shall thereafter be kept available at all times for those purposes. 19) 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. 20) 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.
St. Margarets Woodlands Lane, WINDLESHAM, GU20 6AS — Surrey Heath Borough Council — Lewis Condé 21) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development permitted by virtue of Classes A and E of Part 2 of Schedule 2 to the Order shall be undertaken. https://www.gov.uk/planning-inspectorate 14
Main issues and findings
Character and appearance For appellant ¶5-16
The proposed dwellings would be of a suitable design and layout that would not cause harm to the character or appearance of the area. The layout of the proposed dwellings would rather closely resemble the scheme for the neighbouring site, which the Council has recently reached a resolution to grant planning permission on. The proposed dwellings would be set back a significant distance from Woodlands Lane, and mature trees would also form the backdrop to many of the proposed dwellings.
Highway safety For appellant ¶19-25
The proposed parking spaces would predominantly be provided in the form of private garages and drive-way spaces laid out in linear arrangements to the side of the proposed dwellings. The linear layout of most of the parking spaces may necessitate more vehicle manoeuvres within the site than alternative driveway/parking arrangements. However, future homeowners are likely to seek to park vehicles in a manner to reduce the need to manoeuvre vehicles in and out of their driveways.
Ecology and biodiversity For appellant ¶43
The ecological report found that there are no overriding ecological constraints that would prevent the proposed redevelopment of the appeal site. The proposal would not result in harm to ecology, and subject to the imposition of suitably worded conditions to secure compliance with the recommendations of the ecological report.
Flood risk For appellant ¶39-41
The proposed development would not lead to a harmful increase in flood risk at the site or surrounding area. The site is located within Flood Zone 1, and the Flood Risk Assessment indicates that the site is at low risk of flooding.
Affordable housing For appellant ¶34-35
The proposal would provide an appropriate mix of family-sized dwellings. The appeal site is a suitable location for residential development, and the development of approximately 120 dwellings has been approved on the immediately adjacent site.
Policies relied on
| Reference | Weight |
|---|---|
| DM9 of the Core Strategy and Development Management Policies |
Substantial |
| WNP2.1 of the Windlesham Neighbourhood Plan |
Moderate |
| Residential Design Guide Supplementary Planning Document |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 14 pages, issued by the Planning Inspectorate on 25 November 2024 under the Open Government Licence.