Land north of The Chalet , Newbury Road, Headley , RG19 8JY
Basingstoke and Deane Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 15 August 2025
- Authority
- Basingstoke and Deane Borough Council
- Inspector
- Aqbal M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Major dwellings
- Appellant
- Willowcrest Homes
- LPA reference
- 21/03656/FUL
- ONS LPA code
- E07000084
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 19 November 2024
Summary AI
The appeal is allowed because the benefits of the proposal, including the provision of new housing and affordable housing, outweigh the harm to the character and appearance of the area. The proposal would result in a moderate level of harm, but this would be outweighed by the benefits.
PDF text
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Site visit made on 8 May 2025 by M Aqbal BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 15th August 2025 Appeal Ref: APP/H1705/W/24/3354402 Land north of The Chalet, Newbury Road, Headley RG19 8JY • 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 Mark, Willowcrest Homes against the decision of Basingstoke and Deane Borough Council. • The application Ref is 21/03656/FUL. • The development proposed is erection of 14 dwellings and associated works. Decision 1. The appeal is allowed and planning permission is granted for erection of 14 dwellings and associated works at Land north of The Chalet, Newbury Road, Headley RG19 8JY, in accordance with the terms of application Ref 21/03656/FUL and subject to the Schedule of Conditions to this Decision. Preliminary Matter 2. The scheme originally submitted with the application was for the erection of 15 dwellings. During the application process this was reduced to 14 dwellings and my Decision reflects this. Main Issues 3.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision The main issues are: i) Whether the appeal site is in a suitable location for housing with regard to the development plan; ii) The effect of the proposal on the character and appearance of the area; iii) Whether the proposal makes adequate provision for affordable housing and other infrastructure to make the development acceptable in planning terms. Reasons Suitable location for housing 4. Policy SS1 of the Basingstoke and Deane Local Plan 2011- 2029 adopted in May 2016 (‘BDLP’) sets out the spatial strategy to deliver dwellings principally through a combination of capacity within settlement boundaries, local plan allocations and a quantum of housing allocated through the neighbourhood planning process. 5. BDLP Policy SS1 also confirms that housing development outside of the Settlement Policy Boundaries, in the countryside, will be managed to a limited number of exceptional circumstances. The intention of this is to maintain the existing open nature of the borough's countryside. As such, in part, this Policy aligns with the National Planning Policy Framework (‘the Framework’). in https://www.gov.uk/planning-inspectorate
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 recognising the intrinsic character and beauty of the countryside. The appeal site is outside a settlement boundary and therefore in the countryside. 6. Policy SS6 of the BDLP, sets out certain exceptions for allowing new dwellings in the countryside. This includes where this is: (a) on previously developed land. Policy HD1 of the Ashford Hill with Headley Neighbourhood Plan 2022-2029, October 2022 (‘NP’) reiterates the requirement of BDLP Policy SS6. Previously Developed Land (‘PDL’) is defined in the Framework. 7. The appellant asserts that the appeal site has a historic use relating to the storage of timber associated with the former adjacent yard used as a sawmill and on this basis is PDL. 8. On the information before me, the appellant has submitted a Statutory Declaration from the owner of the site. This states that the family owned the adjacent land and the sawmill site since the 1930s and that the appeal site was used for timber deliveries as the top yard of the sawmill was not available for storage as it was stacked with completed fencing and timber sheds.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision As such, deliveries were taken through the top yard to the fields shown marked on an attached plan (which matches the appeal site area). This timber, which was awaiting milling, was stored on both sides of the track that went to the bottom of the field. Further that the field was also used to store equipment, vehicles and machinery. 9. On the other hand, on the application form the current and past use of the appeal site is identified as a paddock. Third parties have also made representations which dispute the assertion that the appeal site has been used for the purposes described above. The Council also advises that it has reviewed aerial photography dating back to 1999, which provides no clear evidence of storage use. 10. Furthermore, and irrespective of the Statutory Declaration, on this matter I concur with the previous Inspector in determining an appeal which included part of the appeal site, in that, even if the site had been used in this way, the features which characterised this use would seem to have blended into the landscape. For this reason, the site does not fall within the definition of PDL as defined by the Framework. 11. In light of the above, there is insufficient certainty that the appeal site is PDL.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision As such, it is not necessary for me to consider the other requirements of Policy SS6(a) of the BDLP. 12. For the above reasons, the appeal site is not in a suitable location for housing with regard to the Council’s spatial strategy in the development plan and would introduce new development in a countryside location. 13. Accordingly, the proposal is not supported by Policies SS1 and SS6 of the BDLP or Policy HD1 of the NP. Character and appearance 14. The appeal site largely comprises a rough grassland field with a slightly elevated area to the south-east which was formerly occupied by a sawmill but has recently been developed for 9 dwellings along a new road (‘Meadow Way’). The landform gradually falls to the north-west but there is a steep embankment to the edge of the Meadow Way development, a drainage channel runs through the centre of the grassland field and a raised electrical transformer unit sits to the western edge. https://www.gov.uk/planning-inspectorate 2
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 15. Immediately to the west is Broadacres which has consent for a dwelling where the construction phase is pending. To the south is Springfield where there is open land with planning permission for a dwelling which is under construction. 16. At a local level, the appeal site lies within the Basingstoke and Deane Landscape Character Assessment: Character Area 2 – Ecchinswell, This area is characterised by a medium-scale mosaic of mixed farmland and relatively small, but numerous, copses and areas of woodland. Fields are under a mix of pasture and arable and bounded by a strong structure of hedgerows and trees. 17. In general, development along the access lane which runs east from the A339 (the lane’) comprises individually designed dwellings in plots in a range of sizes sporadically arranged but close to the lane. However, the housing at Meadow Way is located off a new road and has introduced some development at depth from the lane. 18. I observed that the appeal site is enclosed by a combination of the vegetation to the boundaries and the elevated residential dwellings to the south-eastern edge.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Even so, the grassland nature of the appeal site with the vegetation to its boundaries is not uncharacteristic of the area, which is apparent in views from Meadow Way and to a lesser extent from surrounding fields. The site also forms part of the countryside which reinforces the settlement pattern of Headley. 19. However, the existence of the electrical transformer unit and nearby development, dilute the appeal site’s contribution to the scenic beauty and rural character and appearance of the area. 20. The proposed scheme is designed as a continuation of Meadow Way and includes the provision for new hedgerows, trees and shrubs to the residential frontages and boundaries. which would reflect and complement the existing development along Meadow Way. Also, the established landscaping along the appeal site’s boundary is largely to be retained. Overall, the development in itself would be of high quality design which would secure a well-designed place for its occupants. 21. Nonetheless, together with the extant development along Meadow Way, the proposed scheme would form a new cul-de-sac, which would extend development further into the countryside.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision This pattern of development contrasts with the recent schemes identified by the parties which have largely been located close to the lane or as it would appear from their locations within the site boundaries of existing dwellings or other uses. Furthermore, the proposed scheme would introduce a considerably higher quantum of development relative to its surroundings even when accounting for the recent series of permissions. 22. Consequently, the nature and scale of the proposed development would have an erosive effect on the landscape character of the appeal site. This suburban form of development fails to correspond with the distinctive spatial pattern of nearby development and the rural character of the area. As such, the proposal represents an uncharacteristic incursion into the countryside. 23. As already stated, and based on the Landscape Appraisal / Study, the appeal site is relatively contained visually and medium to long range views are limited by the extent of existing boundary vegetation. I, therefore, concur with the Landscape Appraisal / Study that in views from near Meadow Way, the proposal is anticipated to have an adverse visual effect.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Nonetheless, from here, the existing development https://www.gov.uk/planning-inspectorate 3
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Nonetheless, from here, the existing development https://www.gov.uk/planning-inspectorate 3
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 is also apparent. Also, to an extent, the sloping landform of the site would ameliorate the visual impact of the development. In this context, in my view, the proposal would only have an overall moderate adverse degree of visual effect. 24. The submitted Landscape Appraisal / Study was undertaken when the landscape surrounding the appeal site was in full leaf. Therefore, it is likely that adverse visual effects would be greater during other parts of the year considering the deciduous nature of that vegetation. Nonetheless, such impacts are likely to be limited from adjacent fields, where filtered views of the proposed scheme are likely to be apparent against the backdrop of extant development. 25. Therefore, and because the appeal site is not a valued landscape in the context of the Framework and the impact on the landscape character would be localised and largely contained, the extent of such harm would be moderate. 26. Nevertheless, the proposal would result in encroachment of the countryside with a negative effect on the landscape character of the appeal site and would not reflect the prevailing pattern of development. 27.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision As such, the proposal would harm the character and appearance of the area and is contrary to the aims of BDLP Policies EM1, EM10 and L1 and NE1 and HD3 of the NP. Together, these policies require that development proposals must respect, enhance and not be detrimental to the character or visual amenity of the landscape and natural environment, paying particular regard to the particular qualities identified within the council’s landscape character assessment and the local character of buildings and settlements. Also, that development proposals are of high design quality, positively contribute to the rural character of the Parish, reflecting its local and historic distinctiveness. Affordable housing and other infrastructure 28. Policy CN1 of the BDLP, requires development proposals for more than 10 dwellings to incorporate 40% affordable housing. At least 15% of the affordable dwellings will be required to meet enhanced accessibility or adaptability standards to enable people to stay in their home as their needs change. 29.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Furthermore, the Council’s Interim Policy Statement on First Homes, requires that 25% of the affordable dwellings are First Homes, 53% of the affordable dwellings for rent with social rent expected where First Homes are being delivered and the remaining 22% as intermediate tenures. 30. Based on a scheme for 14 dwellings and in accordance with the above, this proposal generates a requirement for 6 affordable homes on site. The submitted Unilateral Undertaking (‘UU’) which is signed and dated includes an obligation to provide 3 x rented units, 2 x First Homes and 1 Shared Ownership unit. Four of these would be 2-bedroom dwellings, a single 3- bedroom dwelling and a single 4-bedroom dwelling. This provision of affordable housing reflects the above policy requirements. 31. The provision of 14 additional dwellings in the proposed location would result in an increase in the local population, with subsequent impacts on existing facilities and infrastructure. Accordingly, the UU includes obligations to provide financial contribution towards an Equipped Play Area (a mountain bike trail) and Open https://www.gov.uk/planning-inspectorate 4
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 Space (for the supply and installation of outdoor gym equipment). These are to be provided at the Headley Recreation Ground. 32. To ensure that the various elements of landscaping which are proposed within the scheme are maintained, the UU includes an obligation to secure a Landscape Management Plan. 33. Based on the evidence before me, including consultee responses, the Council’s committee reports and the Council’s Planning Obligations for Infrastructure Supplementary Planning Document, March 2018, I am satisfied that the obligations in the submitted UU are necessary in order to make the development acceptable in planning terms, directly related to the development, and reasonable in scale and kind. They accord with the tests that are set out in the Framework and Regulation 122(2) of the Community Infrastructure Levy Regulations (as amended). 34.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Therefore, the proposal makes adequate provision for affordable housing and other infrastructure to make the development acceptable in planning terms and accords with BDLP Policy CN1 and BDLP Policies CN6, which say that new development will be required to provide and contribute towards the provision of additional services, facilities and infrastructure at a rate, scale and pace to meet the needs and requirements that are expected to arise from that development. I also find no conflict with BDLP Policy EM5, which relates to Green Infrastructure and says that consideration will be given to an off-site financial contribution towards the enhancement of existing facilities. 35. Notwithstanding my findings on the second main issue, the proposal would also accord with the aims of BDLP Policy EM4 in so far as the obligation in the UU for a Landscape Management Plan would assist in mitigating against impacts on biodiversity and / or geodiversity. 36. The Council’s third reason for refusal also refers to Policy EM1 of the BDLP. This Policy mainly relates to design and is therefore largely irrelevant to this main issue. Other Matters 37. A number of third parties have made representations to the proposal.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision In addition to the above main issues, concerns have been raised about other matters. In particular, with regard to highway safety in respect of the additional traffic being generated by the proposal and in relation to the geometry and visibility splays at the junction of the lane with the A339; the width of the lane; and the adequacy of proposed pedestrian facilities within the development. 38. Notwithstanding the geometry and visibility splays associated with the above roads, these are part of an existing arrangement which serves established and recent development. Furthermore, based on the submitted Technical Notes, I am satisfied that the proposal would not have an adverse impact on highway safety. In addition, highway safety did not form part of the Council’s reasons for refusal and I have not been provided with any strong technical evidence that suggests otherwise. 39. The Highway Authority have confirmed that the submitted swept path analysis plan demonstrates that the proposed turning head is sufficient to allow a refuse vehicle https://www.gov.uk/planning-inspectorate 5
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 to turn within the site. Details for waste management associated with the proposed dwellings could be secured by a condition. 40. I am aware of the refusal and dismissal of an appeal for a scheme for 9 houses, which included part of the appeal site. This was for Permission in Principle and did not include the provision of affordable housing. Therefore, the dismissed scheme is not directly comparable to the one before me, which is for full planning permission and includes the provision of affordable housing. As such, I afford the dismissed limited weight. 41. In light of the submitted ecological reports and subject to the implementation of the proposed mitigation and enhancement measures, the proposal would not result in any unacceptable impacts on protected and priority species / habitats. 42. I acknowledge that the construction works and activity associated with the scale of development proposed, would inevitably result in some level of inconvenience, noise and disturbance. However, to an extent this could be managed by requiring a Construction Environmental Method Statement. 43.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision For the purposes of determining this appeal, the lane forms part of the appeal site which the appellant confirms is in their ownership. Irrespective, matters relating to land ownership and access rights would be civil matter between the relevant parties. 44. Whilst I have noted concerns about the proposal affecting property values, it is a well-founded principle that the planning system does not exist to protect private interests such as value of land or property. Concerns about lack of community consultation on the planning application are largely for the Council. 45. Individually or cumulatively, the above matters are not sufficiently forceful to justify dismissal of this appeal. Other considerations 46. The Council cannot demonstrate a five-year supply of deliverable housing sites which on the most recent information before me stands at about 4.2 years. Therefore, paragraph 11d) ii) of the Framework applies.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision This states that where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination. 47. Although the proposed affordable housing does not specifically address the shortfall for one bedroom dwellings within Headley, this does meet the policy requirement for affordable housing for the wider area. 48. The proposal would deliver 14 new homes. In light of the Council’s current housing land supply position, these would provide considerable and important help to ameliorate the current shortfall of homes.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision This would be a significant benefit of the proposal having regard to the Framework for supporting the Government’s objective of significantly boosting the supply of homes, including the provision of affordable homes for the wider borough, which is a key policy of the Framework. https://www.gov.uk/planning-inspectorate 6
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision This would be a significant benefit of the proposal having regard to the Framework for supporting the Government’s objective of significantly boosting the supply of homes, including the provision of affordable homes for the wider borough, which is a key policy of the Framework. https://www.gov.uk/planning-inspectorate 6
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 49. Whilst the obligations in the UU are necessary to make the development acceptable in planning terms, most of these would also benefit the wider area. 50. To the south of the appeal site is Headley, which is a settlement containing a post office, shop, church and other commercial uses. The lane is not heavily trafficked and this is linked to Headley via a footpath along the A339. Therefore, residents would have access to this settlement and its services by means other than cars. There is also a bus stop along the A399, which would allow residents access to further services and facilities in other settlements. As such, new housing at the appeal site has a degree of accessibility and to an extent this supports a key policy of the Framework for directing development to sustainable locations. 51. For the reasons already given, and consistent with another key policy of the Framework, the development itself would secure a well-designed place. 52. The proposed scheme includes tree, shrub and hedgerow planting.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision The appellant also advises that the proposed area to the north-west could be designed to create a mosaic of habitats incorporating standing water as part of a site wide sustainable urban drainage solution. Together, these elements of the scheme are likely to enhance the ecological baseline of the appeal site. This would support aims of the Framework for providing opportunities for biodiversity enhancements and green connectivity. 53. The construction of this development and the infrastructure associated with this, would generate economic activity. The new residents would also support existing shops, services and facilities in the area. As such, there would be some economic benefits arising from the proposal. 54. Cumulatively, the above and in particular the provision of new housing (including affordable housing) would deliver considerable social, economic and environmental benefits in support of the proposal. Given the overall scale of the proposed scheme (14 dwellings) I attach substantial weight to these. Conditions 55. In imposing conditions, I have had regard to the Framework and the Planning Practice Guidance.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision In addition to the standard timescale condition for the implementation of the planning permission, I have included a condition specifying the approved plans and drawings as this provides certainty. 56. A condition requiring a Surface Water Drainage Scheme and the long-term maintenance of this are necessary to safeguard against any on and off-site flood risk. A condition requiring details of foul water management for the development is necessary to ensure its satisfactory functioning and to safeguard against pollution. 57. For the reasons already stated and concerns raised by third parties, it is reasonable and necessary to require a Construction Environmental Management Plan. Also, a condition to ensure that any imported material to the development site is free of contamination is necessary in the interests of health and safety. 58. To ensure that the development supports habitat creation/restoration, I have specified a condition requiring a scheme for this. In addition, conditions requiring that the development is undertaken in line with the Great Crested Newt Presence/Absence Survey (Pond 4) and the Preliminary Ecological Appraisal are necessary to safeguard protected species and enhance biodiversity.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate 7
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/H1705/W/24/3354402 59. Conditions requiring the details of the internal road(s), new footpaths and future management and maintenance of these are necessary in the interests of the satisfactory functioning of the development and highway safety. Similarly, a condition requiring vehicle parking and cycle storage for each dwelling is also necessary for the satisfactory functioning of the development and highway safety. 60. To ensure that the existing retained trees are protected, a Tree Protection Plan and Method Statement are required. 61. A condition requiring the details of external lighting scheme for the development is necessary to safeguard the character and appearance of the area and to protect nocturnal animals sensitive to external lighting (principally bats). 62. Conditions requiring details of proposed landscaping, screen walls/fences/ external materials including paving and final ground levels and finished floor levels are necessary to safeguard the character and appearance of the area. 63. A condition requiring details for refuse and recycling storage and collection facilities is necessary for the satisfactory functioning of the development. 64.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision A condition requiring that a minimum of 15% of the properties shall be built to accessible and adaptable standards is necessary to promote adaptable homes. 65. To promote sustainable forms of development a condition requiring the provision of water efficiency measures is reasonable. 66. A condition requiring the maintenance of the landscaping is not necessary as this would be addressed through the requirement of a Landscape Management Plan as part of the submitted UU. 67. The appellant advises that land contamination investigations were undertaken for the adjacent Meadow Way development, which is PDL but there was no evidence of contamination. In light of this and given that the appeal site is a green field, I am not persuaded that conditions requiring investigations in respect of land contamination and verification of remediation measures are reasonable or necessary. 68. For the reasons already given on highways matters and the Technical Notes submitted and in particular because all the relevant land does not form part of the appeal site, a condition requiring the provision and maintenance of sightlines at the junction of the A339 with the Lane is not reasonable or necessary. 69.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Conditions 3-8 (inclusive) which prevent any development approved from commencing until they have been complied with are considered fundamental to the development hereby approved. It is necessary for these to take the form of ‘pre-commencement’ conditions to have their intended effect. 70. While some information in respect of the proposed conditions has been provided, this is in relation to the original scheme for 15 dwellings. Therefore, and in the interests of clarity it is necessary that this reflects the approved scheme for 14 dwellings. Where necessary and in the interests of clarity, flexibility and precision, I have altered the conditions to better reflect the relevant guidance. https://www.gov.uk/planning-inspectorate 8
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Conditions 3-8 (inclusive) which prevent any development approved from commencing until they have been complied with are considered fundamental to the development hereby approved. It is necessary for these to take the form of ‘pre-commencement’ conditions to have their intended effect. 70. While some information in respect of the proposed conditions has been provided, this is in relation to the original scheme for 15 dwellings. Therefore, and in the interests of clarity it is necessary that this reflects the approved scheme for 14 dwellings. Where necessary and in the interests of clarity, flexibility and precision, I have altered the conditions to better reflect the relevant guidance. https://www.gov.uk/planning-inspectorate 8
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/24/3354402 Planning balance and conclusion 71. The proposal is not in a suitable location for housing with regard to the Council’s spatial strategy for safeguarding the countryside. However, given the appeal site’s context, I have found that development here would result in a moderate level of harm to the character and appearance of the area, to which I attach moderate weight. 72. On the other hand, the proposal makes adequate provision for affordable housing and other infrastructure to make the development acceptable in planning terms. Also, cumulatively, the proposal would provide considerable benefits which are consistent with the Framework and these are afforded substantial weight. 73. As a result, when assessed against the policies in the Framework, the adverse impacts associated with the proposal, would not significantly and demonstrably outweigh the benefits arising from this. Consequently, the presumption in favour of sustainable development applies and this indicates that planning permission should not be refused, and the appeal is allowed.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal INSPECTOR https://www.gov.uk/planning-inspectorate 9
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal INSPECTOR https://www.gov.uk/planning-inspectorate 9
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal Appeal Decision APP/H1705/W/24/3354402 Schedule of Conditions 1) The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission. 2) Unless otherwise required by the other conditions in this permission, the development hereby permitted shall be carried out in accordance with the following approved plans and drawings: Location Plan – drawing no. MLP/01; Site Plan – drawing no. 1940/424 Rev B; Block Plan – drawing no. 1940/425 Rev B; Site Section – drawing no. 1940/426 Rev A; Units 1 – 4 (Affordable Housing) Drawing no.1940/420 Rev A; Units 5 – 9 (Market Housing) Drawing no.1940/421; Units 10 – 11 (Market Housing Drawing no.1940/422 Rev A; Unit 12 (Market Housing) Drawing no.1940/428; Units 13 and 14 (Affordable Housing) Drawing no.1940/423 Rev A; and Car Port Details – drawing no.1940/427 Rev A. 3) The development hereby permitted shall not commence, until a Surface Water Drainage Scheme (including a timetable for implementation) for the site, based on the principles within the Surface Water Drainage Strategy and Flood Risk Assessment November 23, has been submitted to and approved in writing by the Local Planning Authority.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal The submitted scheme shall include: a) A technical summary highlighting any changes to the design from that within the approved Flood Risk Assessment. b) Detailed drainage plans to include type, layout and dimensions of drainage features including references to link to the drainage calculations. This must also include key surface feature levels and additional details in relation to the permeable paving. c) Details of the proposed pond including sections and level information. d) Updated detailed drainage calculations (if changes are made to the plans) to demonstrate existing runoff rates are not exceeded and there is sufficient attenuation for storm events up to and including 1:100+climate change. e) Exceedance plans demonstrating the flow paths and areas of ponding in the event of blockages or storms exceeding design criteria. This must include level information across the site. f) Details for the long term maintenance arrangements for the surface water drainage system. Thereafter, the development shall be undertaken in accordance with the approved Surface Water Drainage Scheme.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal 4) The development hereby permitted shall not commence (including site preparation and any groundworks) until a site-specific Construction Environmental Management Plan has been submitted to and approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 10
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal 4) The development hereby permitted shall not commence (including site preparation and any groundworks) until a site-specific Construction Environmental Management Plan has been submitted to and approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 10
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal Appeal Decision APP/H1705/W/24/3354402 Thereafter, the development shall be undertaken in accordance with the approved Construction Environmental Management Plan. 5) The development hereby permitted shall not commence, until details of a habitat creation/restoration scheme (including a timetable for implementation) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out and maintained in accordance with the approved habitat creation/restoration scheme and timetable. 6) The development hereby permitted shall not commence, until details of the method of construction of the internal shared surface road(s) (including details of rumble strips or ramps) and new footpaths have been submitted to and approved in writing by the Local Planning Authority. The details shall include the gradients, visibility sightlines, construction build up, materials and surface finishes and surface water drainage details that prevent surface water run-off from the site entering the public highway and any access land drainage alterations.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal The route to be used as part of the refuse collection route shall be capable of withstanding regular access by Refuse Collection Vehicle with a gross vehicle weight of 26 tonnes. The approved scheme for internal shared surface road(s) and new footpaths shall be implemented before the first occupation of any dwelling and shall thereafter be permanently retained as such. No structure, erection or planting exceeding 1.0m in height shall thereafter be placed within the visibility splays shown on the approved plans. 7) The development hereby permitted shall not commence, until a plan prepared to a scale of not less than 1:500, based on a measured survey, showing details of existing and intended final ground levels and finished floor levels in relation to a nearby datum point has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved levels details. 8) Notwithstanding the details provided, the development hereby permitted shall not commence, until a Tree Protection Plan and Method Statement for works affecting trees has been submitted to and approved in writing by the Local Planning Authority.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal Thereafter, the development shall be carried out in accordance with the approved Tree Protection Plan and Method Statement. 9) No development above slab level shall commence, until a scheme of soft landscaping which specifies species, planting sizes, spacing and numbers of https://www.gov.uk/planning-inspectorate 11
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal Thereafter, the development shall be carried out in accordance with the approved Tree Protection Plan and Method Statement. 9) No development above slab level shall commence, until a scheme of soft landscaping which specifies species, planting sizes, spacing and numbers of https://www.gov.uk/planning-inspectorate 11
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal Appeal Decision APP/H1705/W/24/3354402 trees/shrubs to be planted and a timetable for implementation has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the soft landscaping scheme shall be implemented in accordance with the approved details and timetable. 10) No development above slab level shall commence, until a foul water management scheme for the development hereby permitted (including a timetable for implementation) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved foul water management scheme shall be implemented in accordance with the approved details and timetable. 11) Notwithstanding the submitted information, no development above slab level shall take place at the development site until a plan indicating the positions, design and materials of screen walls/fences to be erected, has been submitted to and approved in writing by the Local Planning Authority. The approved screen walls/fences shall be erected before the dwellings hereby approved are first occupied and shall subsequently be maintained.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal 12) No development above slab level shall commence, until the details of the types, textures and colours of all external materials to be used together with samples have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 13) No development above slab level shall commence, until details of the refuse and recycling storage and collection areas (including a timescale for implementation) have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the refuse and recycling storage and collection areas shall be completed and provided in accordance with the approved details and timetable and retained only for such purposes for the users of the development.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal 14) No development above slab level shall take place at the development site, until a ‘Water Efficiency Scheme’ (including a timetable for implementation and verification post implementation) to ensure that every dwelling hereby permitted is constructed to meet the optional requirement under Part G of the Building Regulations 2010 for the maximum potential consumption of wholesome water of 110 litres per person, per day, shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter, the Water Efficiency Scheme shall be provided in accordance with the approved details and timetable and maintained thereafter. 15) No development above slab level shall commence at the development site, until an ‘Access Scheme’ (including a timetable for implementation) to ensure that a minimum of 15% of the dwellings hereby permitted are built in accordance with requirement M4(2) (Accessible and adaptable dwellings) of the Building Regulations 2010 Approved Document M, Volume 1 2015. The development https://www.gov.uk/planning-inspectorate 12
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal Appeal Decision APP/H1705/W/24/3354402 shall be undertaken in accordance with the approved Access Scheme and timetable and thereafter retained. 16) No dwelling hereby permitted shall be first occupied until details of the arrangements for future management and maintenance of the proposed highway infrastructure within the development have been submitted to and approved in writing by the Local Planning Authority. The highway infrastructure shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and maintenance company has been established, details of which shall have first been submitted to and approved in writing by the Local Planning Authority. 17) No dwelling hereby permitted shall be first occupied, until certificates demonstrating that any imported material to the development site is free from unacceptable levels of contamination have been submitted to and agreed in writing with the Local Planning Authority.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal 18) No dwelling hereby permitted shall be first occupied, until the details for the parking of vehicles and cycle storage for that dwelling have been submitted to and approved in writing by the Local Planning Authority and provided in accordance with the approved details. Thereafter, the vehicle parking and cycle storage shall be retained for such purposes in perpetuity. 19) No dwelling hereby permitted shall be first occupied until an external lighting scheme (including a timetable for implementation) has been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall include full lighting specifications and address the cumulative effects of all external lighting sources upon nocturnal animals sensitive to external lighting (principally bats). The external lighting shall be installed in accordance with the approved scheme and timetable and shall thereafter be operated and maintained. 20) The development hereby permitted shall be undertaken in accordance with recommendations and procedures contained within Chapter 4.2 Recommendations of the GCN Presence/Absence Survey (Pond 4) by John Wenman Ecological Consultancy dated 6/2023.
Land north of The Chalet , Newbury Road, Headley , RG19 8JY — Basingstoke and Deane Borough Council — M Aqbal 21) The development hereby permitted shall be undertaken in accordance with recommendations and procedures contained within Chapter 9 Recommendations of the Preliminary Ecological Appraisal by John Wenman Ecological Consultancy dated 12/2021. https://www.gov.uk/planning-inspectorate 13
Main issues and findings
Living conditions Against appellant ¶4-5
The appeal site is not in a suitable location for housing with regard to the Council's spatial strategy in the development plan, and would introduce new development in a countryside location.
Character and appearance Against appellant ¶14-23
The proposed scheme would form a new cul-de-sac, extending development further into the countryside, and would have an erosive effect on the landscape character of the appeal site. The proposal would harm the character and appearance of the area and is contrary to the aims of BDLP Policies EM1, EM10 and L1 and NE1 and HD3 of the NP.
Affordable housing For appellant ¶28-31
The proposal makes adequate provision for affordable housing and other infrastructure to make the development acceptable in planning terms, directly related to the development, and reasonable in scale and kind.
Highway safety For appellant ¶37-41
The proposal would not have an adverse impact on highway safety, and the obligations in the submitted Unilateral Undertaking are necessary to make the development acceptable in planning terms.
Ecology and biodiversity For appellant ¶41-43
The proposal would not result in any unacceptable impacts on protected and priority species/habitats, and the obligations in the submitted Unilateral Undertaking are necessary to make the development acceptable in planning terms.
Policies relied on
| Reference | Weight |
|---|---|
| BDLP Policies SS1 and SS6, and Policy HD1 of the NP |
Moderate |
| BDLP Policy CN1 and BDLP Policies CN6 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 13 pages, issued by the Planning Inspectorate on 15 August 2025 under the Open Government Licence.