Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Hearing held on 4 February 2025 Site visit made on 4 February 2025 by Stuart Willis BA Hons MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 21 February 2025 Appeal Ref: APP/Q4625/W/24/3353109 Land at Netherwood Lane, Chadwick End, Solihull B93 0BD • 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 Mr Keith Baker against the decision of Solihull Metropolitan Borough Council. • The application Ref is PL/2023/02504/PPOL. • The development proposed is five self-build plots and associated works. Decision 1. The appeal is allowed, and planning permission is granted for five self-build plots and associated works at Land at Netherwood Lane, Solihull, B93 0BD in accordance with the terms of the application, Ref PL/2023/02504/PPOL, subject to the conditions in the attached schedule. Preliminary Matters 2. Outline planning permission is sought with only access and landscaping to be considered. The appellant confirmed at the Hearing that with regard to access, at this stage permission is sought for the sight lines and bell mouth, not the internal road.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision With regard to landscaping, further details would be required and the plans provided were to indicate the strategic level principles of where planting would take place. The appellant also confirmed that the Design Code setting the parameters of the dwellings were to be considered. Other than details relating to these matters, I have regarded all other elements as illustrative. 3. I have removed words that are not acts of development from the description above and taken the address from the application form as these are sufficiently precise. 4. As part of their initial appeal submissions, the appellant provided amended plans altering parts of the proposed landscaping. These changes were reflected in other documents such as those relating to drainage and biodiversity. The documents and plans were submitted at the outset of the appeal, did not relate to significant changes to the scheme considered by the Council at the time of their decision and parties have had the chance to comment on them. As such, no one would be prejudice by my taking them into account and the Hearing discussions were based on the revised plans. 5.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Following the Hearing, a completed obligation was provided to secure the proposed properties as self-build and in relation to management of the https://www.gov.uk/planning-inspectorate

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Following the Hearing, a completed obligation was provided to secure the proposed properties as self-build and in relation to management of the https://www.gov.uk/planning-inspectorate

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 landscaped areas outside of the individual plots. This obligation followed the wording of the previous completed and draft obligations discussed at the Hearing. Main Issues 6. The main issues of the appeal are: • Whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (Framework) and any relevant development plan policies, • The effect of the proposal on the openness and purposes of the Green Belt, • Whether the appeal site is an appropriate location for the proposed development regarding accessibility and reliance on private motor vehicles, • The effect of the proposal on the character and appearance of the area, • The effect of the proposal on highway safety; and • If the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development. Reasons Whether inappropriate development 7. Policy P17 of the Local Plan1 sets out that inappropriate development in the Green Belt, will not be permitted except in very special circumstances.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision It states that in addition to national policy further provisions apply to development in the Borough’s Green Belt. To my mind, this wording allows the policy to reflect changes to the Framework, such as Grey Belt. 8. While the ‘Broad Area’ the appeal site is in performed well in the Green Belt Assessment2, this covers a large area. Not all parts within it will make the same contribution. The appeal site is not part of a large built-up area and would have clearly defined boundaries, not extending beyond the development opposite. The site is also some distance from, and not viewed with any other towns, including any historic ones. A considerable distance would remain between the site and any towns. Therefore, as the site does not strongly contribute to the relevant purposes, it is Grey Belt. 9. The Council confirmed at the Hearing that for this scheme there was no need for improvements to local or national infrastructure or the provision of new, or improvements to existing, green spaces that are accessible to the public. 10. Nevertheless, the scheme would not meet the Golden Rules set out in the Framework with regards to affordable housing provision.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Therefore, even if it met the other criteria in paragraph 155 of the Framework, it would still be inappropriate development. 1 Solihull Local Plan Shaping a Sustainable Future December 2013 2 Solihull Strategic Green Belt Assessment – Assessment Report July 2016 https://www.gov.uk/planning-inspectorate 2

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Therefore, even if it met the other criteria in paragraph 155 of the Framework, it would still be inappropriate development. 1 Solihull Local Plan Shaping a Sustainable Future December 2013 2 Solihull Strategic Green Belt Assessment – Assessment Report July 2016 https://www.gov.uk/planning-inspectorate 2

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 11. Unlike the Framework, Policy P17 provides a definition of limited infilling. The latest iteration of the Framework has made changes to how development in the Green Belt is considered. The Framework indicates that the exceptional circumstances where Green Belt boundaries should only be altered include where an authority cannot meet its identified need for homes, commercial or other development through other means. 12. The Local Plan Review has been withdrawn. The WSM3 acknowledges an acute and entrenched housing crisis and need for Green Belt review and release. The Council are also currently not able to provide a 5-year supply of housing land. However, it is not for this appeal to consider whether the site should or would be designated as Green Belt or whether definitions in the development plan should be changed. Furthermore, the WSM and Framework did not and does not state that additional clarification or definition of what is inappropriate development within a development plan is prohibited. Therefore, in regard to defining limited infilling, Policy P17 is not inconsistent with the Framework, and I give it full weight. 13.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision There is no settlement limit or boundary for Chadwick End. But this is not determinative as to whether the site is part of the village or settlement. As you travel towards the site from the nearby crossroads, the built form is at times sporadic and there is no consistent grain to development. The regularity of built form on the opposite side of Netherwood Lane varies. However, plots are relatively continuous up to the far end of the appeal site and on that side of the road still feels part of the village. 14. In contrast, on the appeal site side there is thick vegetation along the roadside boundary and a lengthy gap in visible built form before reaching the appeal site. The appeal site appears as part of a larger open field, with no boundary feature along the site edge at present. In views from the nearby roads and public rights of way the site appears as part of the undeveloped and open agricultural landscape beyond. Currently, it feels that the village has already ended on that side of the road before you reach the appeal site as you travel from the crossroads.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Arriving from the other direction along Netherwood Lane and from the public rights of way, the appeal site appears, with the dense vegetation behind it, as the end, and part of, the countryside. Therefore, it is not within a village. 15. While there are properties on the opposite side of the road, the appeal site is some distance from the nearest built form on the same side of the road. It is separated by a long tapering garden and vegetation to one side with open fields to the other side and rear. As such, it would not infill an existing small gap or larger gap as there would still be an expanse of fields beyond the rear and one side boundary of the site. Being for 5 dwellings it would also exceed the maximum of 2 set out in Policy P17. The appeal site itself is also a relatively large area of land. As such, in this context, it would not be limited infilling. 16. The scheme fails to meet the limited infilling in villages exception in Policy P17 or the Framework. Consequently, the proposal would be inappropriate development having regard to the Framework and development plan policy. 3 Written Ministerial Statement - Building the homes we need – December 2024 https://www.gov.uk/planning-inspectorate 3

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 17. Therefore, there is no need for me to consider the effect on character and appearance as part of whether the proposal is inappropriate development as it would not lead me to a different finding. As such, although that criterion is an additional requirement to the Framework and that element is inconsistent with the Framework, for the purposes of this appeal, Policy P17 is given full weight. Openness 18. As the appeal site is currently an undeveloped field with no built form, the introduction of 5 properties of up to 999sqm of floor area and several storeys, hard surfacing, parked vehicles and other domestic paraphernalia would undoubtedly reduce the spatial openness of the Green Belt. Some elements such as parking would be temporary however, the built form would be permanent. While the area of enclosure created would be more comparable to the previous smaller field sizes than at present and areas of woodland that enclose parts nearby, the domestic nature and additional spatial openness lost would be harmful. 19. A single break in the existing frontage hedgerow for the access point would allow the roadside trees to be retained.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision There would be extensive planting proposed to the boundaries of the site. This would, increasingly so as planting matures, help to, in part, screen the proposal and limit locations it would be seen from. Moreover, gaps between properties would break up the built form. The site would also be seen with properties opposite and nearby in many views rather than separate and distant from the existing built form. 20. Nevertheless, there are currently views of and over the site of the wider landscape from the nearby public rights of way, roads and properties. Consequently, the proposal would erode the existing visual openness of the Green Belt. 21. Not every part of the ‘Broad Area’ will necessarily have the same level of contribution to Green Belt purposes. Nonetheless, the site is a field at present that appears and feels part of the countryside as set out above. While a new landscaped boundary would be formed and large areas of countryside remain, the development would result in some encroachment into the countryside. 22. It would have a greater impact on the openness of the Green Belt and lead to encroachment of the countryside.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Although the harm would be small, this would be contrary to the Framework where it states openness is an essential characteristic of the Green Belt. Accessibility 23. Policy P5 of the Local Plan states that new housing will be supported on unidentified sites in accessible locations where they contribute towards meeting identified borough-wide housing needs and towards enhancing local character and distinctiveness. Unless there are exceptional circumstances, new housing will not be permitted in locations where accessibility to employment, centres and a range of services and facilities is poor. 24. Policy P7 of the Local Plan sets out that all new development should be focused in the most accessible locations and seek to enhance existing accessibility levels and promote ease of access. Specific distances from new housing to certain services and facilities are set out in the policy. The Council indicated that there are circumstances where sites that do not achieve all of https://www.gov.uk/planning-inspectorate 4

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 the criteria would still be acceptable dependant on their context. The policy itself has a degree of flexibility saying the distances should be met unless justified by local circumstances. 25. The Framework does not prevent development plan policies providing more specific criteria for assessing accessibility and it is not for this appeal to consider whether such criteria may be altered in the future. The policies follow the general principles of accessibility with local and exceptional circumstances providing scope to go outside of the set distances and recognise context. So, they are not inconsistent with the Framework and attract full weight. 26. The site meets the criterion regarding distance to a bus stop. However, it would not accord with the frequency element of that part of the policy. It would also not meet the distances for the other relevant services and transport options, with them often being some considerable distance beyond those set in Policy P7. 27. There is a public house/restaurant and village hall in Chadwick End, but few, if any, other services, facilities or employment opportunities that would likely be accessed by foot due to distance alone.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision The route to the bus stop is along a relatively narrow part of road up to the crossroads. There is no separate footway, intermittent street lighting and no crossing point nearby along the route. Notwithstanding this, it is not a significant distance. There are some passing places and wide verges, which although sometimes disturbed, provide an area for pedestrians to take refuge from vehicles so this in itself would not be overly off-putting. At times of darkness and inclement weather the likelihood of pedestrians using the route would be reduced. The conditions also mean that it would be more difficult and less attractive to some people, such as the elderly, those with or children themselves and those with reduced mobility. 28. Nevertheless, the bus route, whilst somewhat limited in terms of the times of day and week in which the services run would be an option for future occupiers. While the bus may not run to services in Warwickshire, it would provide access to other locations including railway stations that in turn connect to wider locations and associated facilities.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Moreover, although it varies by user and time of day/year, at the Hearing I heard from local residents that there is some use of the route for walking by residents and visitors. Due to the conditions of the area, this would also be the case for cyclists. 29. Chadwick End is not identified on the Spatial Portrait Diagram in the Local Plan, but the Local Plan does not indicate this defines the site as automatically unsuitable or not accessible. The Call for Sites assessments identified the site as having a very low level of accessibility. While related to a larger number of dwellings, there is no compelling evidence before me that the accessibility of the location has improved since that time. 30. Some trips by car to services and facilities would not be of a great distance and the number of properties means the number of journeys would not be significant. However, given the limited options in Chadwick End and bus routes, there would be a reliance on private vehicles for many of the journeys associated with the proposed dwellings and the choice of modes of transport would be somewhat limited.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Electric vehicle charging points would provide the potential for such vehicles to be used and would go some way to prioritising https://www.gov.uk/planning-inspectorate 5

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Electric vehicle charging points would provide the potential for such vehicles to be used and would go some way to prioritising https://www.gov.uk/planning-inspectorate 5

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 sustainable modes of transport, but I cannot be certain that they would be used. 31. The Framework identifies that decisions should take account that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. Given the scale of the scheme and number of existing properties in Chadwick End, the development would not be significant with regard to paragraph 110 of the Framework. While only small, the proposal could help support services and facilities in Chadwick End and in villages nearby. 32. Notwithstanding the above, the site is not in an accessible location. There is a considerable shortfall in housing land supply and also specifically for self-build plots in the Borough. I discuss these and the weight afforded to them in more detail below. Nevertheless, it has not been shown that these and the other considerations in favour of the scheme are exceptional with regard to Policy P5 of the Local Plan. 33. Therefore, the appeal site would not be an appropriate location for the proposed development regarding accessibility and reliance on private motor vehicles.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision It would fail to accord with Policies P5 and P7 of the Local Plan where they seek to focus development in accessible locations. 34. Due to the number of properties, and therefore movements associated with them, and that there are some alternative options to private motor vehicle, the harm that would result from this issue and weight afforded to it is small. Character and appearance 35. The winding lanes with verges and mature trees within hedgerows near the site are typical of the Sub Area identified in the Solihull Borough Landscape Character Assessment. The rising land and large fields on the appeal site side of the road gives an open feel rather than the sense of enclosure identified for the Arden Pastures landscape in the Warwickshire Landscapes Guidelines. 36. While previously made up of smaller fields that were then characteristic of the area, the appeal site is currently part of a large undeveloped field. The lack of development and clear boundary edges of the field are typical of those around it. The site contributes positively to the open agricultural and verdant character and appearance of the wider area. 37.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision The new boundary would appear somewhat arbitrary, not follow the historic smaller field boundary and the remaining field would be an irregular shape. In addition, rather than a field, the new boundary would enclose houses and not lead on from the existing tapering vegetation line to one side. As a result, it would be discordant with the pattern of development and fields nearby. 38. A single shared access would allow much of the roadside hedge and trees to be retained and the layout would reflect the general ribbon form. While layout is not to be agreed, the indicative details suggest more regular and rigid gaps and plot widths than those in the area at present. Although a low density, it would also be higher than the general pattern nearby and plot depths far greater than those on the same side of the road. These factors, mean the scheme would appear discordant with the informality and individuality of plots and the varied grain of development it would be seen with. https://www.gov.uk/planning-inspectorate 6

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 39. The introduction of 5 properties, hard surfacing and domestic paraphernalia including parking would undoubtedly change and urbanise the character and appearance of the existing undeveloped field. 40. Notwithstanding this, the scheme would be seen with existing properties and other domestic features in many views. From the rear of the site, the large gap between properties on the same side of the road would be obvious and the scheme would appear disjointed and more compact. Nonetheless, there would be some gaps between properties and planting that would, although not completely, increasingly screen and soften the appearance of the developed area over time. At present views from the rear of the site include the properties opposite with vegetation between and in the foreground. The appeal scheme would be viewed in much the same way once the extensive planting had matured. 41. In views along Netherwood Lane and from the public right of way opposite, the site would appear as the new edge of built development on that side of the road. It would be seen with the existing properties of varying size, design and layout opposite.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision As such, the proposal would not appear wholly separate or disconnected from the existing built form on the approach to the site. Subject to appropriate design, the scale of development indicated in the Design Code would not appear incongruous with the sometimes-large existing properties along Netherwood Lane. 42. Initially the scheme would appear as a stark intrusion into the field and countryside. As the large areas of planting mature, details of which are to be agreed to ensure species are appropriate and managed separately to the areas within the plots themselves, the scheme would partly assimilate into the existing settlement edge. 43. The area was relatively quiet when I visited the site. However, there was some passing traffic, pedestrians using the lane and activities within gardens typical of residential properties. There are a number of residential properties nearby, including ones with external lighting. Given the scale of the scheme the comings and goings associated with it would not be significant. A condition is also imposed regarding details of external lighting to be agreed.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision For these reasons, even if gardens to the rear would be seen from the public rights of way, such movements and activities would not be unexpected or have a harmful effect on the character or tranquillity of the area. 44. Nevertheless, the proposed development would harm the character and appearance of the area. It would be contrary to Policies P5 and P15 where they seek to conserve and enhance local character and distinctiveness. These elements of the policies are broadly consistent with the design aims of the Framework where it requires schemes to be sympathetic to local character, so I give them full weight. 45. As the development would be seen in many views with existing properties and over time the proposed planting would mature and in part screen the proposal, the harm from this issue and weight afforded to it would be moderate. https://www.gov.uk/planning-inspectorate 7

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 Highway Safety 46. Being for 5 properties, and that there are considerably more existing properties nearby, the additional traffic generated from the scheme would not be significant. There are relatively frequent passing places along Netherwood Lane. While narrow, the road does widen in parts. There would be sufficient opportunities for vehicles to pass and if necessary, wait if they meet for only a short time, without needing to use existing driveways or cause increased damage to the verges. The proposal would, therefore, not adversely affect the free flow of traffic. 47. While there are no separate footways or continuous street lighting at and near the site, the often-wide verges provide appropriate space for pedestrians, cyclists and horse riders to temporarily take refuge. Although only a snapshot in time, I saw this happening at my site visits before and after the Hearing where vehicle speeds were sufficiently low to allow time for them to take refuge. This would be more difficult for certain people depending on characteristics such as age and mobility.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Nonetheless, from my observations and discussions at the Hearing, this appears to be what already happens along Netherwood Lane and while local residents referred to incidents, there is no Personal Injury Collision Data for the last 5 years at the site. 48. Traffic movements and speeds will vary at different times of day, week and year. However, recorded speeds at the site in the automatic traffic count demonstrate that the visibility splays proposed would be sufficient. These would allow road users to see and adjust accordingly to vehicles emerging from the proposed access and vice versa. The scheme would not result in a significant increase in vehicle or pedestrian movements at peak time or in total. 49. As such, the proposed development would not harm highway safety. It would accord with Policy P8 of the Local Plan where it states development will not be permitted where it reduces safety to highway users and seeks to minimise impacts on the efficiency of the highway network. 50.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision It would also comply with the Framework where it states development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network, following mitigation, would be severe, taking into account all reasonable future scenarios. 51. This would be a neutral factor. Other considerations 52. There is no specific policy for self-build housing in the Local Plan. The Framework seeks to ensure that the type and tenure of housing needed for different groups in the community should be assessed and reflected in planning policies. Notwithstanding this, the absence of such a policy does not make the Local Plan inconsistent with the Framework. Despite this, along with the withdrawal of the Local Plan Review, and no specific timeline for a new one to be completed, this provides uncertainty as to how and when the Council would be able to meet the demand for self-build plots. 53. While the parties disagree with the level of the shortfall, demand was not clearly disputed, and the parties acknowledged that there is currently an https://www.gov.uk/planning-inspectorate 8

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 undersupply of self-build plots. This shortfall would be between approximately 471 and 606 dwellings. The Council provided little evidence of what self-build permissions had been granted, which permissions they were and how they were secured, to demonstrate they met the legislative requirements. Furthermore, the Council were not able to confirm if, or how many of those permissions had been delivered. 54. A planning obligation is provided to secure the proposed properties as self- build. This is necessary to ensure the plots remain self-build and is directly and fairly related to the proposal in kind. While the scheme would only provide 5 dwellings, given the considerable level of shortfall, even if taking the Council’s figure, the proposal would make a valued contribution towards addressing it. I therefore give this substantial weight. 55. The Council stated that they currently only have a 2.14 year supply of housing land. While the appellant questioned the evidence behind that figure, no alternative one has been put forward or detailed breakdown of why it should be considered incorrect.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision The Framework outlines that small and medium sized sites can make an important contribution to meeting the housing requirement of an area and are often built out quickly. It also seeks to significantly boost the supply of homes. As above, despite the scale of the scheme, and due to the lack of any forthcoming revised or new plan to address this shortfall, the extent of this shortfall means that the contribution towards housing supply attracts substantial weight. 56. There would be benefits to biodiversity from the scheme through on-site enhancements and net gain even if these only achieve policy compliant levels. Due to the extent of the site, and that the exact nature of the enhancements and net gain are yet to be confirmed this attracts small weight. 57. There would be economic and social benefits associated with the build and occupation of the dwellings. As the benefits during construction would be temporary and given the number of dwellings proposed, these benefits each attract small weight. Other Matters 58. The significance of Low Ceilings comes, in part, from its traditional design, materials and features.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Its setting includes the immediate undeveloped area which allow it to be appreciated away from other properties and this setting contributes positively to its significance. The wider area has a number of relatively modern properties of varied design, and the appeal site is some distance from Low Ceilings. The area close to Low Ceilings would not be affected and any views with the appeal scheme would include the existing mix of property types, ages and scale. Therefore, the significance and setting of Low Ceilings would be preserved. 59. Other than the details in the Design Code, the layout, scale and appearance of the site is not to be agreed at this stage. Given the separation between the site and existing properties, subject to appropriate design and conditions including those relating to boundary treatments and lighting, the scheme would not lead to harm to the living conditions of nearby occupiers. A construction management plan is conditioned which would address potential disturbance during that phase. https://www.gov.uk/planning-inspectorate 9

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 60. Sufficient space exists at the site to ensure that appropriate separation could be provided so that future occupiers had satisfactory living conditions. 61. While there have been problems with electricity supply in the area, there is no compelling evidence to indicate that the appeal scheme would lead to increased issues. It is not for the proposal to rectify any existing issues. This is also the case for drainage matters, for which a condition is imposed, and no clear evidence of infrastructure lacking has been provided. Planning Balance 62. The proposal would be inappropriate development in the Green Belt. It would also lead to a small loss of openness to the Green Belt and encroach on the countryside. The Framework establishes that substantial weight should be given to any harm to the Green Belt. In addition, as no affordable housing is proposed in accordance with the Golden Rules where there is such a need, this attracts moderate weight. There would be moderate harm to the character and appearance of the area which attracts moderate weight. 63.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision With regard to accessibility, the conditions of the surrounding area would have a greater limiting effect on the options for the elderly and those less mobile. The potential to access services would be more challenging to the elderly, disabled and less mobile. This would not advance equality of opportunity for accessing new homes. Even taking this into consideration, due to the options that are available, the harm and weight to the lack of accessibility is small. 64. The benefits of the scheme and the weight afforded to them are set out above. While having due regard to the disadvantage that may be caused to some people with protected characteristics in terms of their choice to live in this particular development of new housing, the other considerations in this case clearly outweighs the harm identified. Looking at the case as a whole, very special circumstances exist which justify the development. 65. The Council do not have a 5-year supply of housing land. Policy P17 of the Local Plan allows for inappropriate development in the Green Belt to be permitted in very special circumstances. Therefore, the scheme complies with it and the development plan as a whole.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision As a result, there is no need to apply paragraph 11 d) of the Framework as doing so would lead to the same outcome. Conditions 66. Conditions are imposed relating to the timing of reserved matters and commencement of the development. The conditions have been worded to allow for the shared areas to be provided initially and separate to the plots coming forward, which are also likely to come forward individually. 67. In the interest of certainty, a condition requiring compliance with the submitted plans, insofar as they relate to the matters being considered, is imposed. The Design Code is also included setting the parameters for the reserved matters details. 68. To prevent increased risk of flooding and to ensure appropriate measures are in place, a condition requiring details of the surface water disposal system is imposed. A construction management plan is required to prevent harm to living conditions, highway safety and the character and appearance of the https://www.gov.uk/planning-inspectorate 10

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4625/W/24/3353109 area. A separate condition requiring any repairs to highway verges is not necessary or reasonable as it may be uncertain how any such damage would have been caused. 69. A construction ecological management plan is conditioned to prevent harm to biodiversity during that period. A landscape and ecological management plan is necessary to protect the character and appearance of the area and biodiversity features as are details of external lighting. The ongoing management and maintenance of the areas outside the plots are secured in the planning obligation. This is necessary, directly related to the scheme and reasonable in kind to prevent harm to the character and appearance of the area. Landscaping for areas within the plots are covered by a separate condition. 70. The pre-commencement conditions are so as they relate to and/or affect the early part of the development. 71. A condition limiting the total floor area of the properties is required so it remains below the threshold for affordable housing contributions, which have not been proposed.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Appeal Decision Details of parking spaces and electric vehicle charging points are needed to ensure sufficient off-road provision is made and to promote more sustainable modes of transport. The provision and retention of sight lines and the access is conditioned to prevent harm to highway safety. 72. Conditions relating to the submission of materials and levels have not been imposed as they relate to the reserved matters. I have not imposed a condition requiring the completion of the development as no particular time scale has been suggested and it has not been shown that this condition is necessary. The Council also outlined at the Hearing other powers they have to deal with the development if it were not completed. Conclusion 73. For the reasons given above the appeal should be allowed.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis INSPECTOR https://www.gov.uk/planning-inspectorate 11

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis INSPECTOR https://www.gov.uk/planning-inspectorate 11 Appeal Decision APP/Q4625/W/24/3353109 Schedule of Conditions 1) Details of the appearance, layout and scale, ("the reserved matters") for the area outside of the plots shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved prior to the occupation of any dwelling hereby approved. 2) Details of the appearance, layout and scale, ("the reserved matters") for each dwelling shall be submitted to and approved in writing by the local planning authority before any development takes place for that plot and the development shall be carried out as approved. 3) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 4) The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis 5) The development hereby permitted shall be carried out in accordance with drawing nos: Location and Layout (Block) Plans 21096(10)M-101-C and Development Zone Plan 21096(10)M-102-B, insofar as they relate to the bell mouth access and strategic landscaping as well as the Design Code within (x) of the Planning, Design & Access Statement. 6) Prior to the commencement of any other part of the development, the bell mouth access and visibility splays as shown on DTA Drawings 25200- 01 and 25200-02 shall be provided and shall thereafter be retained. 7) No development shall take place until a detailed surface water drainage scheme for the site, including a management and maintenance plan, and implementation timetable, has 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 be managed and maintained thereafter in accordance with the approved management and maintenance plan. 8) No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the local planning authority.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis The approved Construction Management Plan shall be adhered to throughout the construction period for the development. 9) No development shall take place until a Construction Ecological Management Plan has been submitted to and approved in writing by the local planning authority. The approved Construction Ecological Management Plan shall be adhered to throughout the construction period for the development. 10) No development shall take place until a Combined Ecological and Landscaping Scheme for areas outside the individual plots, including hard and soft landscaping details and enhancements to demonstrate biodiversity net gain, based on the strategic landscaping in drawing 6310LMXXXXDRL1000B, and an implementation and management programme, have been submitted to and approved by the local planning authority. The scheme shall be carried out in accordance with the approved details. Any trees or plants which within a period of 5 years https://www.gov.uk/planning-inspectorate 12

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis Appeal Decision APP/Q4625/W/24/3353109 from the completion of that element of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 11) Prior to the occupation of each dwelling, a landscape scheme and implementation programme for that plot shall be carried out in accordance with details that have first been submitted to and approved in writing by the local planning authority. Any trees or plants which within a period of 5 years from the completion of that element of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 12) Prior to the occupation of each dwelling, parking spaces and electric vehicle charging points for that dwelling shall be provided in accordance with details that have first been submitted to and agreed in writing by the local planning authority. Thereafter they shall be retained for that purpose only. 13) Prior to installation, details of any external lighting shall be submitted to and agreed in writing by the local planning authority. The lighting shall be implemented as agreed.

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis 14) The combined total external floor space of the dwellings hereby approved shall not exceed 999sqm. https://www.gov.uk/planning-inspectorate 13

Land Opposite The Field House, Netherwood Lane, Chadwick End. Solihull, West Midlands — Solihull Metropolitan Borough Council — Stuart Willis 14) The combined total external floor space of the dwellings hereby approved shall not exceed 999sqm. https://www.gov.uk/planning-inspectorate 13 Appeal Decision APP/Q4625/W/24/3353109 APPEARANCES FOR THE APPELLANT: James Corbet Burcher: Counsel David Carter: Tyler Parkes Seb Kouyoumjian: Tyler Parkes Douglas Allenby: Landscape Matters Design LLP Tom Mais: David Tucker Associates Keith Baker: Appellant FOR THE LOCAL PLANNING AUTHORITY: Jon Hallam: Planning Delivery Team Leader Mr Wright: Landscape Officer INTERESTED PARTIES: Andrew Murphy: Stansgate Planning Robert Horsefield: Local Resident Stuart Jones: Local Resident Chris Jacob: Local Resident Hazel Reeves: Local Resident Richard Ashford: Local Resident Michael Parks: Local Resident DOCUMENTS Spatial Portrait Diagram: Local Plan fig 2 Suggested Walking Route Suggested Driving Route https://www.gov.uk/planning-inspectorate 14