Land at Pavenhill, Purton, SWINDON, SN5 4DA
Wiltshire Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 11 April 2025
- Authority
- Wiltshire Council
- Inspector
- Robinson N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Major dwellings
- Appellant
- Hills Homes Developments Ltd
- LPA reference
- PL/2022/00093
- ONS LPA code
- E06000054
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 28 October 2024
Summary AI
The appeal was allowed due to the proposal's suitability for housing and its ability to provide infrastructure. The site's location outside the settlement boundary was considered, but the proposal's benefits outweighed its drawbacks.
PDF text
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Site visit made on 24 February 2025 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 11 April 2025 Appeal Ref: APP/Y3940/W/24/3353055 Land at Pavenhill, Purton, Swindon SN5 4DA • 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 Hills Homes Developments Ltd against the decision of Wiltshire Council. • The application Ref is PL/2022/00093. • The development proposed is demolition of 1 existing dwelling and erection of 25 market and affordable dwellings, with associated access works, car parking, public open space and landscaping. Decision 1. The appeal is allowed and planning permission is granted for demolition of 1 existing dwelling and erection of 25 market and affordable dwellings, with associated access works, car parking, public open space and landscaping at Land at Pavenhill, Purton, Swindon SN5 4DA in accordance with the terms of the application, Ref PL/2022/00093, subject to the conditions in the attached schedule. Preliminary Matters 2. A revision to the National Planning Policy Framework (the Framework) was published on 12 December 2024.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The main parties were given an opportunity to comment on the effect of these changes. This decision is based on the current Framework and has taken account of the representations made on this. 3. A Unilateral Undertaking (UU) dated 20 December 2024 pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) has been submitted with the appeal in relation to the provision of on-site affordable housing and open space, the implementation of a reptile mitigation scheme and the payment of contributions towards early years education, the provision of waste and recycling containers and mitigation of the recreational impact of the proposal on the North Meadow and Clattinger Farm Special Area of Conservation (SAC). The Council has been given the opportunity to comment on the UU. 4. A review of the Council’s Local Plan is underway. It has yet to be submitted for examination and therefore is at such an early stage of production that the emerging policies currently attract very limited weight. A new Neighbourhood Plan for Purton is also emerging. This has yet to be submitted to Wiltshire Council. Since it has not yet reached Regulation 16 stage, its emerging policies also currently attract very limited weight.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision I have dealt with the appeal on this basis. Main Issues 5. The main issues are: https://www.gov.uk/planning-inspectorate
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision I have dealt with the appeal on this basis. Main Issues 5. The main issues are: https://www.gov.uk/planning-inspectorate
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 - whether the proposal is in a suitable location for housing, with regard to the Council’s spatial strategy and access to services and facilities; and - whether the proposal makes appropriate provision for infrastructure. Reasons Spatial strategy and access to services 6. The site comprises a field of rough grassland located outside of the settlement boundary of Purton, which is defined as a ‘large village’ in Wiltshire’s settlement hierarchy. Core Policies 1 and 2 of the Wiltshire Core Strategy (2015) (CS) set out the Council’s settlement strategy, directing development towards more sustainable settlements and locations. The site is in the countryside in planning policy terms, where there is a presumption against development outside the defined limits of development. The appeal site is not allocated for development in the CS or the Purton Neighbourhood Plan (2018) (PNP). 7. The settlement boundary of Purton borders the site. The site relates well to Purton and the proposed dwellings would not appear disconnected from the settlement. Purton is well supported by services and facilities including schools, a convenience store, church, sports facilities and public houses.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Future occupiers of the development would have access to these services and the difference in accessibility compared to other parts of Purton would be negligible. Whilst routes to these facilities might involve roads with no dedicated pedestrian facilities, the submitted Transport Statement (TS) states that these routes would not be unsuitable for journeys on foot, and the distances involved would not preclude some of these journeys being undertaken on foot or by cycle. 8. There are limited opportunities for employment within the village, and access to secondary education, supermarket shopping and specialised services such as banking would likely result in additional vehicular movements to larger settlements. Public transport in Purton appears to be limited and there would be a degree of dependence on private vehicles, the least sustainable form of transport. Nonetheless, it is to be expected, as the Framework indicates, that some travel by private vehicle is likely in rural areas such as this and nearby settlements are not so distant that long journeys would occur. 9. Drawing together the above, the proposal would relate well to Purton and would have a reasonable level of access to services and facilities.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Nonetheless, due to the site’s location beyond Purton’s defined limits, the proposal conflicts with the Council’s spatial strategy. I therefore find that conflict arises with those aims of CS policies 1,2 and 19 and with the spatial strategy represented by the PNP. Infrastructure 10. A UU has been submitted with the appeal which sets out the infrastructure to be delivered on-site and the contributions towards off-site infrastructure necessary to mitigate the effects of the development. The Council has confirmed that this UU overcomes the second reason for refusal relating to the failure to provide and/or secure adequate provision for necessary on-site and off-site infrastructure, and, on the basis of the evidence before me I have no reason to conclude that the development’s infrastructure requirements cannot be adequately met. https://www.gov.uk/planning-inspectorate 2
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 11. I acknowledge interested parties’ concerns regarding the capacity of the existing infrastructure in Purton to accommodate the additional residents resulting from the development, in combination with other planned development in the village. In particular, concerns are raised regarding the capacity of the village’s dentist, GP surgery, chemist and primary school. However, there is no formal indication from the Council, healthcare or education providers that this development would have an unmanageable effect on education or healthcare provision. I therefore find that there is no particular evidence that the development would place an unacceptable pressure on local infrastructure. 12. The UU’s provisions in respect of on-site infrastructure provision and contributions towards off-site infrastructure accord with those aims of CS policy Core Policy 3 which require that development provides the necessary on-site and, where appropriate, off-site infrastructure requirements which will be delivered directly by the developer and/or through an appropriate financial contribution prior to, or in conjunction with, new development. Other Matters The effect on the integrity of the SAC 13.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The site is within the Outer Zone of Influence for the SAC, a European Designated Site afforded protection under the Conservation of Habitats and Species Regulations 2017 as amended (the Habitat Regulations) 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). The SAC was designated due to its rich diversity of meadow plants, which includes 95% of the UK’s surviving population of Snake’s Head Fritillary. The evidence indicates that the primary causes of site degradation include walking. There is a reasonable likelihood that the SAC would be accessed for recreational purposes by future occupants of the development which may lead to the harmful disturbance of the habitat and a significant adverse effect on the integrity of the SAC when considered in combination with other residential development in the area. In such circumstances, the Habitats Regulations place a duty on the competent authority to undertake an appropriate assessment (AA) of the implications of the scheme. That responsibility falls to me in the context of this appeal. 14.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision As part of the AA regard can be had as to whether these adverse effects can be mitigated. The UU proposes a financial contribution of £7,958.64 towards Strategic Access Management and Monitoring to ensure that such pressure is avoided or limited to such a degree that it would preserve the integrity of the SAC. Natural England has confirmed that the measures are sufficient to avoid an adverse impact on the integrity of the SAC. I am satisfied that this contribution would adequately overcome any adverse effects on the integrity of the SAC and the proposal would accord with the relevant provisions of the Habitats Regulations. Highway safety 15. Interested parties raise concerns in respect of highway safety, including the suitability of the site access and the capacity of the local road network to accommodate the additional traffic generated by the development in addition to traffic generated by other developments within the area. Vehicular access to the site is proposed off Pavenhill via a new priority junction. The TS confirms that the necessary visibility distance is achievable from the site access. Based on traffic https://www.gov.uk/planning-inspectorate 3
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 surveys carried out in 2022, the TS states that additional vehicle trips would have no discernible impact on the operation of the highway network, that appropriate access arrangements would be provided for pedestrians, cyclists and vehicular traffic and that there would be satisfactory access to facilities and services in Purton by means other than by car. 16. The proposal includes traffic calming on Pavenhill and a narrowing of the radii at the junction between Ringsbury Close and Pavenhill which would improve highway safety along this stretch of highway. There is no evidence that these measures would cause distraction to oncoming vehicles or that surface treatments would not be enduring. I am satisfied that, on the basis of the information before me, the proposal, in combination with the vehicular movements associated with nearby consented residential development, would not result in a harmful impact on the highway network. 17. I acknowledge concerns regarding the effect of construction traffic on the local road network, including the potential for more than one development to be under construction at the same time.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The Council has suggested a condition requiring the submission and approval of a Construction and Environmental Management Plan (CEMP). In agreeing the content of the CEMP, it would be within the Council’s gift to ensure that a satisfactory scheme for the management of construction traffic on the local road network is approved which could include consideration of how construction vehicle movements on the local road network are routed and/or timed to avoid conflict with other developments nearby. Even if that can’t be achieved, impacts arising from construction, whilst having the potential to cause inconvenience, would be short term and would not form a reason for withholding planning permission. 18. Concerns regarding the limited car parking at the village shops are noted. Even if the appeal proposal did result in increased use of these parking spaces, there is no evidence that this would result in harm to highway safety or compromise the free flow of traffic on the surrounding highway network. Living conditions 19.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The Wiltshire Design Guide (WDG) (2024) sets out that where development is proposed adjacent to and overlooking an existing private amenity space, the traditional ‘back-to-back’ separation of a minimum of 20m should be respected. The proposed layout plan indicates that the 20m separation would be achieved from the windowed rear elevation of the properties which border the site and the windowed rear elevations of the proposed dwellings, with the exception of plot 13 which would be located approximately 17.5 metres from the rear conservatory to 70B Pavenhill. However, this proposed dwelling is offset from 70B Pavenhill, would achieve the minimum ‘back-to-back’ separation of 20m to the windowed rear elevation of the main dwelling, and given the minor extent of the shortfall between the proposed dwelling and the conservatory, I am satisfied that the separation would be sufficient to ensure that privacy is retained to acceptable levels. Given the siting of the dwellings in relation to neighbouring properties the proposal would not result in harm to the living conditions of the occupiers of neighbouring properties through loss of light. 20.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Neighbouring residents would lose their views of the countryside across the appeal site. However, outlook from these dwellings would not be unduly obstructed or https://www.gov.uk/planning-inspectorate 4
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Neighbouring residents would lose their views of the countryside across the appeal site. However, outlook from these dwellings would not be unduly obstructed or https://www.gov.uk/planning-inspectorate 4
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 unacceptably harmed by the development. Given this, the change in view would be insufficient to withhold permission. 21. The Noise Impact Assessment states that noise from cars using the access road is unlikely to cause disturbance to the adjacent properties, and that, with a 2m acoustic fence installed, the noise levels at ground floor level would be unlikely to be noticeable within the adjacent residential properties. This fence would also mitigate against potentially harmful glare from car headlights for occupiers of properties bordering the site access. There is no compelling evidence that the increase in vehicular movements to and from the site would result in unacceptable levels of air pollution to neighbouring residents. 22. Whilst acknowledging that there would be some disruption to the residents of nearby properties during the construction process, the construction phase of the development would be short-term and would be the subject of a CEMP, which, would control the hours of construction and deliveries, dust and noise mitigation and measures to mitigate the impact of construction on the amenity of the area. Character and appearance 23.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The proposal is supported by a Landscape and Visual Impact Assessment (LVIA) which sets out that, as the site is largely isolated from the surrounding agricultural land by residential development and allotments, it does not contribute to the wider area’s perceived agricultural character, and, as the site lies on the edge of existing residential development the sense of remoteness and tranquillity is limited. Thus, as a component of the landscape, the site does not contribute to the area’s scenic quality. Due to the containment afforded by the surrounding development edge and boundary vegetation, the majority of views are from the footpaths crossing the site. The proposal would be subsumed into the existing residential dwellings on the edge of Purton and, as it would be strongly related to the village edge, would not become unduly prominent or detract from the surrounding landscape. Thus, whilst the development would see a change in the character of the site, the overall impact on landscape character would be localised. 24. The proposal would include areas of open space including a play area.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The footpath that runs along the northern boundary of the site (PURT115) would be reinstated in its definitive position and an alternative pedestrian link provided through the development along pedestrian footways. The reinstated footpath and new pedestrian link would link with the wider public right of way network. The footpath that runs along the northern site boundary is bordered by timber fencing which would restrict overlooking from this right of way. Whilst acknowledging that the development would alter the experience of those using the routes through the site, nonetheless public rights of way through the site would remain, as would the connections to the public right of way network and allotments. Furthermore, the proposal makes provision for open space, the delivery and maintenance of which is controlled by the UU. 25. A traditional dwelling form and palette of materials are proposed, characteristic of dwellings in the surrounding area. Whilst the proposed dwellings would be larger than others in the immediate area and sited close together, this would not be noticeable from outside of the site itself such that it would cause harm to the established character of the area.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 Biodiversity 26. Numerous interested parties have raised concerns regarding habitat loss and the effect of the proposal on protected species including badgers, slow worms and bats. The proposal is supported by surveys which show that the site has negligible potential for the presence of bat roosts and no evidence of badgers was found on the site. There is a breeding population of slow worms widespread throughout the site and consequently there is a high risk that development of the site would cause harm and killing of slow worms. A strategy for the translocation of slow worms to a receptor site forms part of the UU. There is no particular evidence that the surveys do not paint an accurate picture of the species present on the site, that the appellant would not follow the recommendations of the surveys and the translocation strategy, or that the translocation strategy would not benefit slow worms in perpetuity. The Council raised no concerns that the impacts of the proposal on biodiversity cannot be adequately mitigated and based on the evidence before me I see no reason to take a different view. Flooding and drainage 27. The site is located within a groundwater flood risk zone.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The proposal includes measures to mitigate against potential flood risk including raised floor levels, the provision of appropriate overland flow routes to direct floodwaters towards low-risk areas, a surface water drainage system and Sustainable drainage systems (SUDs) facilities which would prevent surface water runoff generated by the development from causing flooding at the site or increasing flood risk elsewhere. I am satisfied that on the basis of the evidence before me surface water would be appropriately managed. Additionally, there is no indication from the Council or Thames Water Utilities that the development would place an unacceptable pressure on the village’s storm water or sewerage infrastructure. Housing mix 28. The proposal would make provision for a mix of dwelling sizes, 40% of which would be affordable homes. The Council raised no concerns regarding the housing mix and based on the evidence before me, there is no evidence that the proposal would not help address both market and affordable housing needs in the area. Archaeology 29.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The proposal is supported by an Archaeological Desk-based Assessment and an Archaeological Evaluation which set out that, following a field evaluation, the site has very low archaeological potential. The Council raised no concerns regarding the impacts of the development in this regard. Other issues 30. Interested parties are dissatisfied with the number of planning applications and appeals submitted in relation to the appeal site and within the wider village, and it has been requested that the Council submit a claim for an award of costs against the appellant. However, this matter falls outside of the scope of this decision. Additionally, whilst there is a preference for the development of alternative sites in the village, I am nonetheless tasked with determining the appeal before me. https://www.gov.uk/planning-inspectorate 6
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 Planning Balance 31. The Council accepts that it is unable to demonstrate a 5-year housing land supply. This situation is not altered by recent or forthcoming residential development within the village. Paragraph 11 d) of the Framework indicates that, in such circumstances where the requisite housing land supply cannot be shown, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 32. Given the location of the site beyond the settlement boundary I have found conflict with the Council’s spatial strategy as set out in the CS and the PNP. The site immediately adjoins and relates well to the settlement and has reasonable access to a range of services and facilities, meaning that future occupiers would not necessarily be reliant on private vehicles without reasonable and genuine alternatives. In these circumstances, I afford limited weight to the conflict with the housing delivery policies, namely CS Core Policies 1, 2 and 19, which determine the location of development. 33.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision The proposed 25 dwellings (24 net) would make a meaningful contribution towards the area’s housing supply. Given the supply shortfall, this attracts significant weight as a public benefit. The proposal would also make provision for 10 new affordable homes, responding to authority-wide levels of currently unmet and identified future need. There would be economic benefits arising from the creation of jobs during the construction phase as well as benefits to local services during the construction and occupancy phases. 34. Cumulatively these benefits would attract substantial weight in favour of the proposal. Given the very limited harm I have identified, I find that the adverse impacts identified would not significantly and demonstrably outweigh the benefits of the proposal when assessed against the policies of the Framework taken as a whole. Therefore, the presumption in favour of sustainable development applies. Given this, material considerations indicate that the proposal should be determined otherwise than in accordance with the development plan. Conditions 35. I have had regard to the conditions suggested by the Council, on which the appellant has had the opportunity to comment.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Where necessary I have made revisions to some of the conditions put to me to ensure that they meet the tests in the Framework and Planning Practice Guidance (PPG), without altering their fundamental aims. 36. The Council’s housing delivery shortfall is not a compelling reason to condition a shorter period for the commencement of development and there is no substantive evidence that such a condition would necessarily mean that the development contributes to the housing shortfall more swifty. Given this, planning permission is granted subject to the standard 3-year time limit condition for implementation. In addition, it is necessary to specify the approved plans in the interest of certainty. 37. In the interest of the character and appearance of the area, conditions are necessary to control the external materials of the development and hard and soft landscaping. I have omitted a suggested condition requiring approval of details of means of enclosure as this detail is covered by the hard and soft landscaping https://www.gov.uk/planning-inspectorate 7
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3353055 condition. I have imposed conditions requiring the submission of a surface water drainage scheme and a scheme for the disposal of sewerage prior to the commencement of development to ensure adequate drainage. 38. In the interests of residential amenity, the character and appearance of the area and biodiversity, there is a need for conditions requiring the submission and approval of a CEMP, a Landscape and Ecology Management Plan, a Scheme of Wildlife Enhancements and details of external lighting. The requirements of the CEMP include details of the hours of working, the demolition of the existing bungalow and the controlling of burning during the demolition and construction phases. These matters do not therefore form part of separate conditions. 39. Conditions relating to the construction of the access, footpaths, turning spaces, parking areas and the internal access road, the installation of electric car charging points, and the delivery of offsite works are necessary in the interests of highway and pedestrian safety and to support more sustainable living. 40.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision In the interests of the protection of existing trees, biodiversity and protected species I have attached conditions requiring development be carried out in accordance with the Arboricultural Impact Assessment and Preliminary Ecological Appraisal. 41. I have amended the trigger point of a condition put to me relating to the approval of the landscaping scheme, as I see no reason why such details cannot be submitted prior to development above slab level. I have omitted a condition relating to improvements to Right of Way PURT115 as this matter is controlled by the UU. 42. The Council suggest conditions removing Permitted Development (PD) rights. The Framework states that planning conditions should not be used to restrict national PD rights unless there is clear justification to do so. The PPG also advises that conditions restricting the future exercise of PD rights may not pass the test of reasonableness or necessity. The Council have provided limited explanation of the reason for these suggested conditions, save to protect the amenity of the area and in the interests of residential amenity and privacy. I do not find conditions restricting PD rights to be necessary to make the development acceptable in planning terms.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — Appeal Decision Therefore, these conditions have not been imposed. Conclusion 43. The proposal conflicts with the development plan. However, material considerations indicate that a decision should be made other than in accordance with it. Therefore, for the reasons given above, I conclude that the appeal should be allowed.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson INSPECTOR SCHEDULE OF CONDITIONS 1.) The development hereby permitted shall be begun before the expiration of three years from the date of this decision. 2.) The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 2763_100, https://www.gov.uk/planning-inspectorate 8
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson INSPECTOR SCHEDULE OF CONDITIONS 1.) The development hereby permitted shall be begun before the expiration of three years from the date of this decision. 2.) The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 2763_100, https://www.gov.uk/planning-inspectorate 8
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson Appeal Decision APP/Y3940/W/24/3353055 2763_101, 2763_102, 2763_150 Rev K, 2763_200, 2763_201, 2763_202, 2763_203, 2763_204, 2763_205, 2763_206, 2763_210, 2763_211, 2763_212, 2763_213, 2763_214, 2763_215, 2763_220, 2763_250 Rev A, 2763_251 Rev A, 2763_301 Rev D, 2763_302 Rev J, 2763_303 Rev H, 2763_320 Rev G, 2763_510 Rev A, 2763_520 Rev D, 3854/SK/207, 3854/SK/210, 100376-JLD-S38-DR-1300 Rev. P01 Site Waste Management Plan 3.) No development hereby approved shall commence until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme and thereafter shall be maintained as such. 4.) No development hereby approved shall commence until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved scheme and thereafter shall be maintained as such. 5.) No development hereby approved shall commence until a Scheme of Wildlife Enhancements within the built environment has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include plans and elevation drawings, where appropriate, prepared in accordance with recommendations in the Preliminary Ecological Appraisal (Chalkhill Environmental Consultants, 27 November 2020) specifying the location and type of features for birds, bats, reptiles and hedgehogs. The development shall be carried out in accordance with the approved https://www.gov.uk/planning-inspectorate 9
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson Appeal Decision APP/Y3940/W/24/3353055 scheme prior to the first occupation of the development hereby approved and thereafter shall be maintained as such. 6.) No development hereby approved shall commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson Appeal Decision APP/Y3940/W/24/3353055 scheme prior to the first occupation of the development hereby approved and thereafter shall be maintained as such. 6.) No development hereby approved shall commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson The CEMP shall include details of the following: • An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location, a description of the construction programme including a named person for residents to contact; • A description of management responsibilities including key personnel responsibilities and contact details (including Site Manager and ecologist/ ecological clerk of works (ECoW); • Detailed site logistics arrangements including construction vehicle routing, hours of deliveries, details regarding parking, deliveries, storage and the loading and unloading of plant and materials; • Details of the storage of plant and materials used in constructing the development • Details of the hours of works (including demolition) and measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; • Details of the erection and maintenance of security hoarding including facilities for public viewing, where appropriate; • Communication procedures with the LPA and local community regarding key construction issues; • Details of wheel washing facilities; • A scheme for recycling/disposing of waste
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson resulting from demolition and construction works including measures to ensure that there is no burning on-site during the demolition and construction phases; • A method statement for the demolition of the existing building on site, including a timescale for the removal of all demolition materials and debris; • Details regarding dust and noise mitigation; • A pre-condition photo survey; • Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson resulting from demolition and construction works including measures to ensure that there is no burning on-site during the demolition and construction phases; • A method statement for the demolition of the existing building on site, including a timescale for the removal of all demolition materials and debris; • Details regarding dust and noise mitigation; • A pre-condition photo survey; • Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson exclusion fencing; • Working method statements for protected/priority species, such as bats, nesting birds and reptiles; • Reptile mitigation strategies to include the pre-construction/construction related elements of strategies only; • Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ECoW shall be present on site; and • Timeframe for provision of a compliance report to the local planning authority, to be completed by the ecologist/ECoW and to include photographic evidence. The development shall be carried out in accordance with the approved details. 7.) No development hereby approved shall commence until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local https://www.gov.uk/planning-inspectorate 10
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson Appeal Decision APP/Y3940/W/24/3353055 Planning Authority. The LEMP will be prepared in accordance with the agreed Biodiversity Net Gain Plan and Biodiversity Metric and shall include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets. The LEMP shall include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full for the lifetime of the development in accordance with the approved details. 8.) No development hereby approved shall commence until plans to a scale of 1:200 showing the following highway information has been submitted to and approved in writing by the Local Planning Authority: • Long sections • General arrangement • Threshold levels to buildings • Drainage • Structures • Swept path for 2- directional movement of a 11.4m long refuse vehicle passing a 4.98m long large saloon car.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson These works shall be completed in accordance with the approved details prior to the first occupation of the development hereby approved. 9.) No development hereby permitted shall take place above slab level until details and samples of the materials to be used for the external walls and roofs of the development hereby approved 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 and thereafter maintained as such. 10.) No development hereby permitted shall take place above slab level until a comprehensive scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. This shall include details of: • finished levels and contours; • means of enclosure (including fences, gates, walls, bollards, noise barriers and all other means of enclosure); • all hard and soft surfacing materials and planting; and • minor artefacts and structures (e.g. furniture, refuse and other storage units, signs and lighting). The development shall be carried out in accordance with the approved details in accordance with a timetable to be agreed in writing by the Local Planning Authority.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson 11.) All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the buildings or the completion of the development, whichever is the sooner, or in accordance with any phasing agreed in writing with the Local Planning Authority. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. https://www.gov.uk/planning-inspectorate 11
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson 11.) All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the buildings or the completion of the development, whichever is the sooner, or in accordance with any phasing agreed in writing with the Local Planning Authority. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. https://www.gov.uk/planning-inspectorate 11
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson Appeal Decision APP/Y3940/W/24/3353055 Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall be carried out in accordance with the approved details prior to the first occupation of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority. 12.) The proposed roads, footpaths and turning spaces shall be constructed in such a manner as to ensure that each dwelling shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and the highway before it is first occupied. 13.) The proposed car parking spaces, Electric Vehicle Charging Points and points of passive provision for the integration of future charging points shall be constructed and installed in accordance with the approved details prior to the first occupation of the dwelling it serves. These spaces and charging points shall be retained in that form thereafter for the lifetime of the development.
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson 14.) No part of the development hereby approved shall be first occupied until the visitor parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter. 15.) No part of the development hereby approved shall be first occupied until all offsite works have been completed. These works shall include the formation of a new access for the proposed development, the alteration of the radii to Ringsbury Close and informal crossing points at Pavenhill and along Restrop Way. 16.) The development hereby approved shall be carried out in accordance with the submitted Arboricultural Impact Assessment (incorporating Tree Survey, Tree Protection Plan and Arboricultural Method Statement) by SJ Stephens Associates dated 21st December 2021. 17.) The development hereby approved shall be carried out in accordance with the recommendations in the Preliminary Ecological Appraisal (Chalkhill Environmental Services, 27 November 2020) and the Supplementary Preliminary Ecological Appraisal (Chalkhill Environmental Services, 23 October 2022).
Land at Pavenhill, Purton, SWINDON, SN5 4DA — Wiltshire Council — N Robinson 18.) No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication “Guidance Notes for the Reduction of Obtrusive Light” (ILE, 2005)”, have been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed and maintained in accordance with the approved details. No other external lighting shall be installed on the site. End of Schedule of Conditions https://www.gov.uk/planning-inspectorate 12
Main issues and findings
Housing land supply For appellant ¶31
The Council accepted that it was unable to demonstrate a 5-year housing land supply, and permission was granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.
Other For appellant ¶32-34
The benefits of the proposal, including its contribution to the area's housing supply and provision of affordable homes, outweighed the limited harm identified.
Other For appellant ¶10-12
The proposal's infrastructure requirements could be adequately met, and the development's infrastructure requirements could be adequately met through the submitted Unilateral Undertaking.
Flood risk Against appellant ¶27
The site was located within a groundwater flood risk zone, but the proposal included measures to mitigate against potential flood risk.
Other Against appellant ¶26
The proposal would result in habitat loss, but the translocation of slow worms to a receptor site would help mitigate this impact.
Highway safety Against appellant ¶15-18
The proposal's highway safety measures, including traffic calming and pedestrian links, would mitigate the potential impact on the highway network.
Living conditions Against appellant ¶19-22
The proposal would result in some disruption to residents of nearby properties during the construction phase, but the development would not harm their living conditions.
Character and appearance Against appellant ¶23-25
The proposal would alter the experience of those using the routes through the site, but the development would not harm the established character of the area.
Heritage impact Against appellant ¶13
The proposal would result in a potential harm to the integrity of the SAC, but the financial contribution towards Strategic Access Management and Monitoring would mitigate this impact.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Determinative |
| CS Core Policies 1, 2, and 19 |
Limited |
| PNP |
Limited |
| Framework |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 12 pages, issued by the Planning Inspectorate on 11 April 2025 under the Open Government Licence.