47 Norwich Close , Lichfield , WS13 7SJ

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision Site visit made on 28 January 2025 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 05 February 2025 Appeal Ref: APP/K3415/W/24/3349804 47 Norwich Close, Lichfield, Staffordshire WS13 7SJ • 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 Miss L Brookes against the decision of Lichfield District Council. • The application Ref is 24/00191/OUT. • The development proposed is 3 Bed Dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application was submitted in outline with all matters reserved for future consideration. I have assessed the appeal proposal on that basis and have considered the submitted plans as indicative. 3. A revision to the National Planning Policy Framework (the Framework) was published on 12 December 2024. The main parties were given an opportunity to comment on the effect of the revision on the appeal and their comments have been taken into account in my decision. Main Issues 4.

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision The main issues are: -the effect of the proposal on the living conditions of the occupiers of neighbouring properties; and -whether the proposal makes adequate provision for Biodiversity Net Gain (BNG). Reasons Living conditions 5. The appeal site comprises 47 Norwich Close, a modern 2-storey semi-detached dwelling which occupies a corner plot within a street scene of similar modern 2- storey properties. The site is separated from the front elevations of dwellings on Fallow Field by a footpath which runs along the site’s eastern boundary. Outline planning permission is sought for the erection of one dwelling. 6. All reserved matters for the scheme would fall to be assessed in greater detail at a later stage. However, because of the shape and size of the site in trying to achieve an appropriate scheme for a dwelling, there would be a limited number of ways in which the site could be developed. It is reasonable to consider that the position of https://www.gov.uk/planning-inspectorate

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision Appeal Decision APP/K3415/W/24/3349804 the proposed dwelling would be broadly as shown on the appeal plans, and, as the submission references the proposal comprising a 2-storey dwelling in order to reflect the predominant character of the area, it is also reasonable to consider that it would be of a scale broadly as shown. 7. The plans indicate a 2-storey dwelling sited to the side of 47 Norwich Close. Based on the information before me and my observations on site there would appear to be sufficient space to accommodate a dwelling without harm arising to the living conditions of the occupiers of 47 Norwich Close through loss of outlook. 8. The proposed dwelling would be sited close to the front elevations of the properties on Fallow Field, in particular No. 29. In such a position, the introduction of a 2-storey building would have an enclosing and dominating effect on the outlook from windows in the front elevation of this property, which would make the rooms which these windows serve an unpleasant space in which to spend time. Consequently, the living conditions of the occupiers of this property would be unacceptably harmed.

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision Whilst noting that no objections were made by the occupiers of this property, the lack of objection does not in itself render the scheme acceptable. 9. My attention has been drawn to conifer trees which previously bordered the appeal site. However, there is limited detail before me regarding these trees. In any case, even if in the past these trees did result in a sense of enclosure to the properties on Fallow Field, they have since been removed, and I must consider the appeal on the basis of the current site conditions. 10. Reference is made to a similar proposal at 28 Norwich Close, which, it is stated, resulted in a sense of enclosure and overlooking to neighbouring properties. However, there is limited detail before me regarding this proposal to give substantial credence to and I have no information as to the legislative or policy context applying at that time. In any event, all sites and proposals have their own particular characteristics, and each case must be considered on its individual merits. 11. In light of the above it has not been demonstrated that the site has the capacity to accommodate a dwelling without compromising the living conditions of the occupiers of neighbouring properties.

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision I therefore find conflict with those aims of Core Policy 3 and Policy BE1 of the Lichfield District Local Plan Strategy (2015) (LPS) which seek to ensure that development protects the amenity of residents. BNG 12. LPS Policy NR3 states that development will be permitted which delivers a net gain for biodiversity and /or geodiversity. BNG is also required under Schedule 7A of the Town and Country Planning Act 1990 which sets out an objective for development to deliver at least a 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat. The Planning Practice Guidance (PPG) sets out that the statutory framework for BNG has been designed as a post-permission matter to ensure that the biodiversity gain objective will be met for development granted planning permission and that once planning permission has been granted, unless exempt, a Biodiversity Gain Plan must be submitted and approved prior to the commencement of that development. https://www.gov.uk/planning-inspectorate 2

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision Appeal Decision APP/K3415/W/24/3349804 13. The proposal is supported by limited information regarding BNG. Based on the information before me I have not been presented with any compelling reason to conclude that the site does not have the capacity to accommodate BNG. Whilst LPS Policy NR3 does not outline a particular approach to the delivery of BNG, as this is an outline planning application with all matters reserved, the layout of the development, and the biodiversity value in relation to the development, would only be indicative at this stage. Given this, it would appear that the logical approach to the delivery of BNG as required by LPS Policy NR3 would be dealt with post- permission, reflecting the approach set down in the PPG. Therefore, were I minded to allow the appeal, this matter could be dealt with by condition. 14. Considering the above, there is no evidence that the proposal would fail to make adequate provision for BNG. Therefore, there is no conflict with those aims of LPS Policy NR3 as set out above. Other Matters 15.

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — Appeal Decision The appeal site is within the Zone of Influence for the Cannock Chase SAC in which proposals including a net gain in residential development have the potential to give rise to significant effects (either alone, or in combination with other proposals). As I have found harm in relation to the first main issue it is not necessary in this instance to undertake an appropriate assessment to consider the effect on the SAC. 16. The proposal would contribute towards the Government’s aims of boosting the supply of housing, as set out in the Framework, in an accessible location and would provide support to the local economy. Overall, such benefits would not outweigh the harm and associated policy conflicts that I have identified. Conclusion 17. Whilst I have found that there would be no conflict in relation to BNG, this does not outweigh the identified harm to the living conditions of the occupiers of 29 Fallow Field. The proposal, therefore, conflicts with the development plan when considered as a whole and there are no material considerations, either individually or in combination, that outweigh the identified harms and associated development plan conflict. Accordingly, the appeal should be dismissed.

47 Norwich Close , Lichfield , WS13 7SJ — Lichfield District Council — N Robinson INSPECTOR https://www.gov.uk/planning-inspectorate 3