Case 3358403

1 Stone Grove, Steeton With Eastburn, BD20 6TQ

City of Bradford Metropolitan District Council — appeal dismissed

Outcome
Dismissed
Decision date
16 June 2025
Authority
City of Bradford Metropolitan District Council
Inspector
Ellis D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Ella Mawby
LPA reference
24/01899/FUL
ONS LPA code
E08000032
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 January 2025

Summary AI

The appeal for a new dwelling in Steeton With Eastburn, West Yorkshire, was dismissed due to conflicts with the development plan and failure to achieve biodiversity net gain. The proposal would see a new dwelling constructed in place of an existing attached garage and part of a paved area in the rear garden, but lacked sufficient site-specific biodiversity information or analysis to secure on- or off-site biodiversity gain.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — Appeal Decision Site visit made on 10 March 2025 by D Ellis MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 16 June 2025 Appeal Ref: APP/W4705/W/25/3358403 1 Stone Grove, Steeton With Eastburn, West Yorkshire BD20 6TQ • 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 Ella Mawby against the decision of City of Bradford Metropolitan District Council. • The application Ref is 24/01899/FUL. • The development proposed is 3-bedroom dwelling within curtilage of existing dwelling. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the proposal on: • ecology and biodiversity; and • the character and appearance of the area. Reasons Ecology and biodiversity 3. The general biodiversity gain condition has a separate statutory basis as a planning condition under Paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 (as amended). The condition is deemed to apply to every planning permission granted for the development of land in England, unless exemptions apply.

Page 1 · Chunk 1 Appeal Decision

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — Appeal Decision Since 2 April 2024, minor development including the construction of a single dwelling is no longer exempt from this condition. The planning application form is dated 15 May 2024, and thus a planning approval would be subject to the general biodiversity gain condition. 4. I note that, in their appeal statement, the appellant intended to amend the application to classify the proposed dwelling as a self-build or custom-build dwelling. This amendment does not appear to have been before the Council during the original application and, furthermore, the appeal process should not be used to evolve a scheme. Notwithstanding this, I have no mechanism before me, such as a planning obligation under Section 106 of the Act, to secure the proposed dwelling as self-build or custom-build. As such I am unable to conclude that the proposal would meet the self-build exemption to the general biodiversity gain condition. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/25/3358403 5. The proposal would see a new dwelling constructed in place of an existing attached garage and part of a paved area in the rear garden. The submitted drawings show that an area of landscaping would be provided to the front of the property, although some landscaping already exists in this area so it is unclear how much new planting would be added. A section of the boundary hedge and part of the rear garden area would be removed to make way for the relocated car parking arrangement for the existing dwelling. Adjacent to the new dwelling, the proposed elevations only show the extended stone wall, and not the existing hedge, to provide space for a walkway to the side of the house. 6. No site-specific biodiversity information or analysis has been submitted, nor has any mechanism been provided to secure on- or off-site biodiversity gain. As a result of this, together with the removal of the hedge, the modest size of the site and the limited available space for further landscaping, I am not convinced that the proposal could achieve at least a 10% biodiversity net gain.

Page 2 · Chunk 3 Appeal Decision

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — Appeal Decision For the same reasons, I am also uncertain that this could be achieved by the general biodiversity gain condition, which would require a biodiversity gain plan to be submitted to and approved by the Council, should the appeal be allowed. 7. Accordingly, I conclude that the proposal would fail to contribute positively towards the overall enhancement of the District’s biodiversity resource. It therefore conflicts with Policy EN2 of the Local Plan for the Bradford District Core Strategy Development Plan Document (2017) (DPD). Character and appearance 8. The side elevation of the proposed dwelling, although modest in depth, would be partly angled to follow the line of Pot Lane. Due to the set-back of the existing and proposed dwellings, the chamfered gable would only be briefly visible to people travelling eastwards along Skipton Road. The elevation would be set a short distance away from the boundary wall and the dwelling would have a reasonable amount of space to the front and rear. The proposed rear dormer would be set away from the edges of the roof, and down from the main ridge, and as such it would read as a subordinate addition to the dwelling. The dwelling would be finished in render to match the existing dwelling.

Page 2 · Chunk 4 Appeal Decision

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — Appeal Decision Overall, the proposed dwelling would not appear overly cramped in its plot and, although the angled side elevation is an uncommon feature in the area, it would not significantly detract from the character of the area. 9. The proposal therefore accords with DPD Policies HO9, DS1 and DS3 which all require, amongst other things, that development should achieve good design which is appropriate in terms of its layout, scale and materials. The proposal also accords with DPD Policy SC9, which was referred to in the officer’s report but was not included in the reason for refusal. This policy requires development proposals to make high quality places with understanding to the place and its wider context. Other Matters 10. The proposal is for the new dwelling to be a Starter Home. However, there is no mechanism before me, such as a planning obligation under Section 106 of the Act, to secure the proposed dwelling as a Starter Home. I therefore attach limited weight to the benefits of a Starter Home, which would not outweigh the harm identified above. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/25/3358403 11. The appeal site is in land, which is termed ‘Zone C’, which is up to 7km from the boundary of the South Pennine Moors Special Protection Area and Special Area of Conservation. The fact that the site is within a defined buffer zone, and that the appellant has paid a financial contribution directly to the Council in line with DPD Policy SC8, suggests that there would be a likely significant effect on the European site and an Appropriate Assessment may be needed. However, as I am dismissing the appeal on other grounds, I do not need to consider this matter further. Conclusion 12. The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. The appeal is therefore dismissed.

Page 3 · Chunk 6 D Ellis

1 Stone Grove, Steeton With Eastburn, BD20 6TQ — City of Bradford Metropolitan District Council — D Ellis INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Ecology and biodiversity
Against appellant
¶3

The proposal lacked sufficient site-specific biodiversity information or analysis to secure on- or off-site biodiversity gain, and the removal of a hedge and limited available space for further landscaping made it unlikely to achieve at least a 10% biodiversity net gain.

Ecology and biodiversity
Against appellant
¶6

The general biodiversity gain condition would require a biodiversity gain plan to be submitted to and approved by the Council, which was not provided, and it was uncertain that this could be achieved by the condition.

Character and appearance
For appellant
¶8

The proposed dwelling would not appear overly cramped in its plot, and although the angled side elevation was an uncommon feature in the area, it would not significantly detract from the character of the area.

Character and appearance
For appellant
¶9

The proposal accorded with DPD Policies HO9, DS1 and DS3, which require good design that is appropriate in terms of its layout, scale and materials.

Policies relied on

Reference Weight
Policy EN2 of the Local Plan for the Bradford District Core Strategy Development Plan Document (2017) (DPD)
Determinative
DPD Policies HO9, DS1 and DS3
Substantial
DPD Policy SC9
Moderate
DPD Policy SC8
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 16 June 2025 under the Open Government Licence.