Case 3360989

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY

North East Lincolnshire Council — appeal allowed

Outcome
Allowed
Decision date
7 August 2025
Authority
North East Lincolnshire Council
Inspector
Woodwards O
Procedure
Hearing
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Cyden Homes
LPA reference
DM/0761/23/FUL
ONS LPA code
E06000012
Jurisdiction
Transferred
Link status
Not Linked
Start date
20 March 2025

Summary AI

The appeal for 249 dwellings with associated infrastructure at Land off Louth Road, New Waltham, North East Lincolnshire DN36 4RY was allowed. The inspector considered the effects on highway safety and air quality and concluded that the proposal would have an acceptable effect on both. The proposal complies with the Development Plan and there are no material considerations that indicate a decision should be made otherwise.

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

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Page 1 · Chunk 0 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Hearing held on 3 June 2025 Site visits made on 3 and 4 June 2025 by O S Woodwards MRTPI an Inspector appointed by the Secretary of State Decision date: 7 August 2025 Appeal Ref: APP/B2002/W/25/3360989 Land off Louth Road, New Waltham, North East Lincolnshire DN36 4RY • 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 Cyden Homes Ltd against the decision of North East Lincolnshire Council. • The application Ref is DM/0761/23/FUL. • The development proposed is to erect 249 dwellings with associated garages, open space, landscaping, drainage, emergency access and associated infrastructure with new access from Louth Road Decision 1. The appeal is allowed, and planning permission is granted to erect 249 dwellings with associated garages, open space, landscaping, drainage, emergency access and associated infrastructure with new access from Louth Road at Land off Louth Road, New Waltham, North East Lincolnshire DN36 4RY in accordance with the terms of the application Ref DM/0761/23/FUL, dated 3 August 2023, and subject to the conditions in the attached schedule. Application for Costs 2.

Page 1 · Chunk 1 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision An application for costs was made by Cyden Homes Ltd against North East Lincolnshire Council. This application is the subject of a separate Decision. Preliminary Matters 3. A s106 Planning Obligation, dated 4 June 2025, (the s106) secures: • 50 affordable housing dwellings, with the mix to be agreed in the future with the Council; • a contribution to increase the capacity of primary schools within a two mile radius of the appeal site; and, • a contribution towards the Council’s costs related to the preparation and completion of the s106. 4. The affordable housing is to respond to Policy 18 of the Local Plan 2013 to 2032, adopted 2018 (the LP). The contribution towards primary schools is related to the number of proposed dwellings and is in response to the increased demand that would be placed on such schools from the children of the future occupants. As set out in Planning Practice Guidance1, Council’s can charge monitoring fees as long as the fee is proportionate, reasonable and reflects the actual costs of monitoring. The sum of £1,400 as secured in the s106 meets these tests. I am therefore 1 Paragraph: 037 Reference ID: 23b-037-20190901 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Appeal Decision APP/B2002/W/25/3360989 satisfied that the provisions of the s106 meet the tests set out in Regulation 122 of the CIL Regulations 2010 (as amended) and at Paragraph 58 of the National Planning Policy Framework (the Framework), and I have taken them into account. Main Issues 5. The main issues for the appeal are the effect of the proposed development on: • highway safety and the efficient operation of the highway network; and, • air quality. Reasons Highway safety and the efficient operation of the highway network 6. The appeal site is on the eastern side of the A16, directly to the south of New Waltham. It is proposed to provide vehicular access from a four-arm signalised junction with the A16 and the Barratt Homes access on the western side of the road. No concerns have been raised regarding traffic or safety going southwards from the site. However, heading northwards the A16 provides access to Grimsby and concerns have been raised regarding the effect of the proposal on traffic congestion and highway safety in that direction.

Page 2 · Chunk 3 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Specifically, the Toll Bar roundabout which lies close by to the appeal site, the proposed junction providing access to the appeal site, and the A16 itself and an alternative route via Scartho Road. Methodology 7. The Supplementary Transport Assessment, dated January 2024 (the sTA) predicts that the proposal would generate 130 two-way trips in the AM peak and 127 two- way trips in the PM peak2. The sTA then assesses this proposed traffic against the predicted 2029 traffic flows, which includes committed developments. The Highway Authority (the HA) raise no concerns with the sTA in technical terms. No contrary technical evidence has been submitted to challenge the sTA, either in terms of traffic generation by the proposal or regarding baseline or predicted conditions on the surrounding road network. I therefore use the sTA as the basis for my assessment. 8. The appeal site is allocated for up to 300 homes3 in the LP and, although the Council could not confirm this at the Hearing, it is therefore likely that any modelling undertaken as part of the LP adoption process would have allowed for development on the site for more homes, and therefore vehicular movements, than is now proposed.

Page 2 · Chunk 4 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision In addition, there are various developments in the pipeline relatively near to the appeal site, eg opposite the A16 on the Barrat Homes site and a further development at Holton le Clay, which would affect traffic along the A16 and other local routes. The sTA accounts for committed developments to the satisfaction of the HA and also myself. Toll Bar roundabout 9. All bar five trips in the AM peak and four trips in the PM peak would be northwards, ie would use the Toll Bar roundabout4. A specific junction capacity assessment for the roundabout was undertaken. It is found to operate within capacity from all arms 2 Paragraph 2.2.6, sTA 3 See Policy 13 Site allocation HOU104 New Waltham, the LP 4 Table 3, sTA https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Appeal Decision APP/B2002/W/25/3360989 in the AM peak, both as existing and as at 2029 including the proposed development traffic. It is also found to operate within capacity on three arms in the PM peak in both existing and proposed scenarios. However, the northern arm is found to be at full capacity in 2029 even without the proposed development (99.9%) and would be over-capacity with the proposed development (107.2%)5. This is likely to relate partly to a Toucan crossing just north of the north arm providing access to a school. 10. Although the proposal would increase use of the roundabout and result in over- capacity of the north arm, this is in the context of a junction that would be at capacity even without the proposed development. There are already queues when existing the roundabout on this arm, mostly due to the Toucan crossing. Whilst this causes some congestion on the roundabout itself, the evidence is that this does not cause unacceptable blocking of the roundabout or the use of the other arms. It is also likely only for short periods where the peak traffic and school pick-up and drop- off coincide.

Page 3 · Chunk 6 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision I do not, therefore, view the change from 100% to 107% to represent a severe impact on traffic congestion at the roundabout. The Toucan crossing ensures that highway safety would also be maintained, including for children accessing the school. Site access junction 11. The proposed site access junction is assessed in the sTA. It is found that the introduction of another arm to this junction would increase queuing on the A16. However, this would only be to a small extent. The junction would continue to operate within capacity in the 2029 scenario with the proposed development traffic6. The proposal would not, therefore, have a severe impact on the operation of the local highway network at this junction. Traffic routes 12. There are two reasonable routes northwards from the appeal site to Grimsby, one via the A16 and one via Scartho Road. The sTA has assessed both routes, including key junctions such as the Low Farm roundabout on the A16 and the Scartho Fork and Nuns Corner roundabouts on Scartho Road. It finds that all would operate within capacity in 2029 including traffic from the proposed development7.

Page 3 · Chunk 7 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision This is with the exception of the southbound arm of the A16 at the Low Farm roundabout, which would be at 89.8% capacity, above the target threshold of 85%. However, this is still lower than full capacity and the proposal would only contribute 3.3% of this traffic. 13. I acknowledge that both routes are busy, particularly at peak times. It is possible that driver behaviour would respond to this, and some would seek other alternative routes. However, this is difficult to predict and in any event the contribution of the proposed development to the existing and predicted traffic congestion would be relatively minor. It would likely not, therefore, by itself result in a severe impact on traffic congestion or highway safety along the A16, Scartho Road or other alternative routes. 5 Table 4, sTA 6 Table 10, sTA 7 Tables 6, 7 and 8, sTA https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Appeal Decision APP/B2002/W/25/3360989 Overall 14. The majority of junctions and roundabouts would remain within capacity in future scenarios, including cumulative development. The northern arm of the Toll Bar roundabout would be at full capacity in any event. The southbound arm of the A16 at Low Farm roundabout would still be within overall capacity. Although there would be some worsening of traffic congestion, the effect of the proposal would be relatively minor. There is no substantiated evidence of any material harm to highway safety. 15. Overall, therefore, the proposed development would have an acceptable effect on highway safety and the efficient operation of the highway network. It therefore complies with Policy 5 of the LP, which requires suitable access and traffic generation. Policy 36 of the LP seeks to reduce congestion, but in the context of promoting sustainable transport choices. It is common ground, and I agree, that the appeal site is accessibly located, within walking distance of the services and facilities of New Waltham. This in combination with the limited effect on traffic congestion, ensures that the proposal complies with this policy.

Page 4 · Chunk 9 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision The proposal also complies with Paragraph 116 of the Framework, which states that development should only be refused on highways grounds if there would be an unacceptable impact on highway safety or the impacts on the road network would be severe. Air quality 16. The Government has set Air Quality Objectives, with target rates for NO , PM and 2 10 PM pollution levels. These are set out at Schedule 2 to The Air Quality Standards 2.5 Regulations 2010, reflecting the objectives set out at Table 2 in The Air Quality Strategy for England, Scotland, Wales and Northern Ireland Volume 1, July 2007. These are for: NO levels of 200 µg.m-3 not to be exceeded more than 18 times a 2 year and an 40 µg.m-3 annual mean; PM levels of 50 µg.m-3 not to be exceeded 10 more than 35 times a year 24 hr mean and an 40 µg.m-3 annual mean; and, PM 2.5 levels of 20 µg.m-3 as an annual mean. 17. The appellant has submitted an Air Quality Assessment, dated January 2024 (the AQA). This establishes the baseline air quality for the appeal site and on the surrounding transport network, including Toll Bar roundabout.

Page 4 · Chunk 10 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision It also assesses the proposed development, including at construction stage, with regard to the effect of the proposal and associated traffic generation on air quality at the appeal site, on the surrounding road network, and at key receptors, such as the school. No substantiated alternative empirical evidence has been submitted with regard to air quality. The Council do not challenge the results of the AQA. I therefore use this as the basis for my assessment. 18. There are two nearby monitoring locations with regard to NO , namely NEL6 and 2 NEL28 both near to the Toll Bar roundabout. The existing NO is at 15.1 and 2 19.8 µg.m-3 annual mean respectively, well below the objective of 40µg.m-3. The AQA also confirms that there have been no recorded incidences exceeding the NO hourly objective of 200 µg/m3 in 2020, 2021 or 2022. All changes from the 2 proposal are found to be negligible, including receptors at the school, and around the roundabout. There would no changes in annual mean NO concentrations of 2 more than 1% predicted at any modelled receptor8. 8 See Table 8.4, AQA https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 11 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Appeal Decision APP/B2002/W/25/3360989 19. With regard to PM , the existing levels in 2024 at the appeal site are found to be 10 13.60 to 14.51 µg.m-3 annual mean, well below the objective of 40 µg.m-3. The effect of the proposed development is found to be negligible for all receptors, at less than 1%, including for the school9. The maximum PM concentration at any 10 receptor is predicted to be 16.97 µg/m3. In relation to PM , the maximum 2.5 concentration at any receptor is predicted to be 10.43 µg/m3 annual mean. The effect of the proposal is found to be negligible for all receptors, at less than 1%10. 20. I acknowledge that there are no sensitivity tests. However, the existing pollution levels are comfortably below the air quality objectives set out by Government. The effect of the proposal, including its construction and traffic generation, would be very limited, at less than 1%. Even if this were to rise in specific locations, for example at the Toucan crossing for the school because this coincides with some of the greatest increases in traffic and queues, there is more than sufficient headroom before it would become a concern for health, including for school children and other sensitive receptors.

Page 5 · Chunk 12 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Children walking to school would also only be very transient receptors, as they crossed the road. 21. There is a future target for PM , as set out in The Environmental Targets (Fine 2.5 Particulate Matter) (England) Regulations 2023, for 10 µg/m3 to be achieved by 2040. The existing PM levels are slightly above this, at 10.43 µg/m3. However, 2.5 this is only marginally above the future target and, in any event, the proposal would only have a negligible effect on the levels, at less than 1%. In addition, there is no current guidance from the Government on how to approach this revised target. Therefore, and particularly because the proposal would only have a negligible effect on existing PM pollution levels, this is acceptable. 2.5 22. During construction, there would potentially be some effects including from dust, particularly in relation to PM pollution. However, this would be within expected 10 levels for construction and could be controlled by condition(s) with regard to dust suppression measures and construction traffic routes. 23.

Page 5 · Chunk 13 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Future occupants would be encouraged to walk and cycle, including along the parts of the road network that would be most affected by the increase in traffic that would be generated by the proposal. However, the AQA has accounted for this, and has found only negligible increases in air pollution and that the resultant levels would be well within air quality objectives. This would therefore be acceptable. 24. Overall, therefore, the proposal would have an acceptable effect on air quality, and would comply with Policy 5 of the LP, which requires proposals to be suitable with regard to air quality. Other Matters 25. The proposal includes a row of dwellings to the north east part of the site that would be relatively near to existing homes on Pretyman Crescent. However, there are relatively large gardens both on the existing and proposed homes. In places, bungalows are proposed and/or there are no rear facing windows at first floor level. The ground levels could be controlled by condition. The combination of these factors mean that there would be no unacceptable overlooking between the existing and proposed homes in this location. 9 See Table 8.5, AQA 10 See Table 8.6, AQA https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 14 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Appeal Decision APP/B2002/W/25/3360989 26. The appeal site lies approximately 5 km from The Humber Estuary Special Protection Area, Special Area of Conservation, Ramsar and Site of Special Scientific Interest sites. A Habitats Regulation Assessment, dated July 2024 (the HRA) has been submitted. This finds that no qualifying species were recorded on the appeal site, it is not considered to have potential to support breeding by designated species, and that the appeal site is not functionally linked-land. The HRA therefore concludes that likely significant effects on the sites, either alone or in combination with other plans and projects, can be screened out. Natural England concurs with this view and I have no reason to disagree. There is therefore no credible evidence that there would be likely significant effects on the sites and the proposal is acceptable in this respect. 27. Several letters of objection have been submitted, including from Martin Vickers MP and Holton le Clay Parish Council.

Page 6 · Chunk 15 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision In addition to those matters covered above, these raise concerns regarding: the impact on local infrastructure in particular GPs, open space, education, sewerage; harm to biodiversity; flooding and drainage; and the need for additional housing. 28. In these regards, the s106 secures suitable mitigation for the effect on education, the proposal includes the creation of adequate amounts of on-site open space, and no substantiated evidence has been provided that there would be an unacceptable effect on local GP surgeries. The proposal also includes sustainable drainage measures such as swales and a drainage pond, which could be secured by condition(s), and which would ensure greenfield run-off rates of surface water. Foul water has been considered and would be discharged to the sewerage system by a pumping station. No objection in this regard is held by the Council and the details of the drainage and foul water systems could be controlled by condition(s). 29. With regard to biodiversity, the application was submitted prior to the requirement for a 10% Biodiversity Net Gain (BNG) biting.

Page 6 · Chunk 16 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision However, ‘a’ BNG is still required as set out at Paragraph 187 of the Framework, and this could be secured by a condition requiring an Ecological Mitigation and Improvement Plan. The appeal site largely comprises agricultural land with relatively limited existing biodiversity. However, there are areas of ecology value, particularly ditches which provide habitat for water voles. A ‘Water vole survey and mitigation’ letter, dated 15 March 2024, found several active burrows. This habitat could be suitably protected and mitigated for both construction and operation stages by condition. In addition, a Great Crested Newt Survey, dated 2024, although it did not record any great crested newts on the site, did find evidence of some nearby. A method statement should therefore be adhered to, which could be secured by condition. Subject to the control by condition, the proposal would, therefore, have an acceptable effect on biodiversity and ecology. Planning Balance 30. The proposal would provide 249 homes, including affordable homes, which would contribute to both local and national housing needs.

Page 6 · Chunk 17 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision These are significant benefits of the proposal, and further weight is added to them because the appeal site is allocated in the LP for up to 300 housing units. It is also accessible, being located directly adjacent to the New Waltham, a Local Service Centre where a good range of services and amenities are provided, as defined by the LP. Furthermore, and adding further weight to the proposed provision of housing, it is common ground that the Council cannot demonstrate a five year supply of housing land, and that https://www.gov.uk/planning-inspectorate 6

Page 6 · Chunk 18 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision These are significant benefits of the proposal, and further weight is added to them because the appeal site is allocated in the LP for up to 300 housing units. It is also accessible, being located directly adjacent to the New Waltham, a Local Service Centre where a good range of services and amenities are provided, as defined by the LP. Furthermore, and adding further weight to the proposed provision of housing, it is common ground that the Council cannot demonstrate a five year supply of housing land, and that https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 19 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Appeal Decision APP/B2002/W/25/3360989 this instead stands at 4.1 years. I therefore place substantial weight on the proposed provision of market and affordable housing. 31. In addition, the construction of the proposal would provide jobs, albeit temporary, and there would be expenditure by future residents on local goods and services. A BNG gain could be secured by condition. Open space and children’s play space would be provided, which would be useable not only by the future residents but also by existing local residents. These factors all weigh in favour of the proposal and collectively represent benefits of moderate weight. 32. As set out above, the proposal would have a negligible effect on air quality. The effect of the proposal on local infrastructure would be mitigated by the s106. Technical matters regarding surface water drainage, foul drainage, biodiversity, and ecology would all be suitably mitigated and controlled. These factors therefore weigh neutrally in the planning balance. 33. There would be some harm to traffic congestion as set out above. However, this would be limited and would remain suitable for the proposal and area, complying with LP policy.

Page 7 · Chunk 20 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Therefore, whilst this weighs against the proposal, it is only to a limited degree and does not represent a conflict with the LP or Development Plan. 34. Overall, therefore, the proposal would comply with the Development Plan, when read as a whole. There are no material considerations that indicate a decision should be made otherwise. The appeal should therefore be allowed. Conditions 35. The main parties agreed a schedule of conditions, as set out in the Statement of Common Ground. This schedule was discussed at the Hearing. On the basis of the discussion and in the light of government guidance on the use of conditions in planning permissions, I have considered and amended the conditions.

Page 7 · Chunk 21 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Therefore, whilst this weighs against the proposal, it is only to a limited degree and does not represent a conflict with the LP or Development Plan. 34. Overall, therefore, the proposal would comply with the Development Plan, when read as a whole. There are no material considerations that indicate a decision should be made otherwise. The appeal should therefore be allowed. Conditions 35. The main parties agreed a schedule of conditions, as set out in the Statement of Common Ground. This schedule was discussed at the Hearing. On the basis of the discussion and in the light of government guidance on the use of conditions in planning permissions, I have considered and amended the conditions.

Page 7 · Chunk 22 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision Specifically: • In addition to the standard time limit condition, a condition specifying the relevant drawings provides certainty; • Conditions relating to external materials, the General Permitted Development Order 2015 (the GPDO), landscaping, garden levels and on-site highways are necessary to protect and enhance the character and appearance of the area; • Conditions relating to the GPDO, Construction Method Statement (CMS) and garden levels are necessary to protect the living conditions of neighbouring occupiers; • The condition relating to the Noise Mitigation Strategy is necessary to ensure suitable standard of accommodation is provided for the future occupiers of the proposed development; • Conditions relating to the Travel Plan, CMS, the footpath link to the railway path, the footpath connection from the site to Maple Grove, on-site highways and vehicular site access are necessary to protect highway safety and manage the effect of the proposal on the free-flow of traffic; and, • Conditions relating to unexpected contamination, CMS, landscaping, surface and foul water drainage, Ecological Mitigation and Improvement Plan, children's play equipment, the footpath link to the railway path, the footpath connection

Page 7 · Chunk 23 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision from the site to Maple Grove, on-site highways, archaeology, vehicular site access and water use are necessary in the interests of ensuring a satisfactory standard of development and to ensure compliance with these technical considerations. https://www.gov.uk/planning-inspectorate 7

Page 7 · Chunk 24 Appeal Decision

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/B2002/W/25/3360989 36. The CMS, landscaping, surface and foul water drainage, Ecological Mitigation and Improvement Plan, children's play equipment, the footpath link to the railway path, the footpath connection from the site to Maple Grove, garden levels, on-site highways and archaeology conditions are necessarily worded as pre- commencement conditions, as a later trigger for their submission and/or implementation would limit their effectiveness or the scope of measure which could be used. 37. The tailpieces for the travel plan and materials conditions are necessary to afford a certain degree of flexibility to account for the possibility that, for example, certain materials might be difficult to source at the time of construction. They are also acceptable because they would not allow significant changes to the development because control would be retained by the Council when discharging the conditions and because of the reference to the underlying travel plan and materials specification drawing provide clear direction on the nature of what is expected from any future submissions. Conclusion 38. For the reasons above, the appeal is allowed.

Page 8 · Chunk 25 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards INSPECTOR https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 26 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/B2002/W/25/3360989 ANNEX A: APPEARANCES FOR THE APPELLANT: Jim Lomas MRTPI – Director, DLP Planning Tony Cabey MIHT, MIHE – Director, Local Transport Projects (LTP) Jack Hurnshall MIHE – LTP Catina Hawkins CEmv MIAQM– Partner, Smith Brown LP Andrew Burley – Director, Cyden Homes Steven Ibbotsom DIPArch, RIBA – Architect, Cyden Homes FOR THE LOCAL PLANNING AUTHORITY: Richard Limmer – Major Projects Planning Martin Dixon MRTPI – Head of Development Cllr Paul Briton – Planning Committee Member Cllr Ian Lindley – Planning Committee Member Lara Huttle – Senior Highway Control Officer INTERESTED PARTIES: Ann Johnson – Local resident Margaret Evans - Local resident Michelle Kingswood - Local resident Elen Reynolds - Local resident Rob Waltham - representing the Martin Vickers MP https://www.gov.uk/planning-inspectorate 9

Page 10 · Chunk 27 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards Appeal Decision APP/B2002/W/25/3360989 ANNEX B: CONDITIONS SCHEDULE 1) The development hereby permitted shall begin not later than three years from the date of this decision. For observation 2) The development hereby permitted shall be carried out in accordance with drawing Refs 175-A3 027 Rev A; 175-A1 002 Rev H; 010 Rev C; 015 Rev C; 101 Rev A; 102 Rev A; 103 Rev A; 104 Rev A; 105; 106; 107 Rev A; 108; 109 Rev B; 110; 111 Rev B; 112; 113 Rev A; 114; 115 Rev B; 116 Rev A; 117 Rev A; 118 Rev B; 119; 120; 121; 122; 123 Rev A; 124 Rev A; 125; 126; 127; 128; 129; 130; 131; 132; 133 Rev A; 134; 135; 136. 3) The external surfaces of the development hereby permitted shall be constructed in the materials shown on plan Ref 175-A1-005-Rev D, unless otherwise approved in writing by the Local Planning Authority. 4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), no development permitted by virtue of Classes B and C of Part 1 of Schedule 2 to the Order shall be undertaken on Plots 229 to 249 and Plot 108.

Page 10 · Chunk 28 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 5) The submitted Residential Travel Plan, dated August 2023 shall be implemented in accordance with the terms and recommendations set out within it, unless otherwise approved in writing by the Local Planning Authority. 6) Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended until a Risk Assessment has been carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found, the development shall not resume or continue until Remediation and Verification Schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Pre-commencement 7) No development, including any works of demolition, shall commence until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.

Page 10 · Chunk 29 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards The Statement shall include: i) details of the parking of vehicles of site operatives and visitors; ii) details of the storage of plant and materials used in constructing the development; iii) details of the wheel washing facilities and other works required to mitigate the impact of construction upon the public highway; iv) details of dust and noise suppression methods to be employed during the construction period; v) details of the routing of construction traffic; vi) details of public engagement both prior to and during construction works; and, https://www.gov.uk/planning-inspectorate 10

Page 10 · Chunk 30 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards The Statement shall include: i) details of the parking of vehicles of site operatives and visitors; ii) details of the storage of plant and materials used in constructing the development; iii) details of the wheel washing facilities and other works required to mitigate the impact of construction upon the public highway; iv) details of dust and noise suppression methods to be employed during the construction period; v) details of the routing of construction traffic; vi) details of public engagement both prior to and during construction works; and, https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 31 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards Appeal Decision APP/B2002/W/25/3360989 vii) delivery, demolition and construction working hours, including confirmation that no construction work shall be carried out on or before 08:00 or after 18:00 Mondays to Fridays inclusive, before 08:00 or after 13:00 on Saturdays and at any time on Sundays or Bank Holidays. The approved Construction Method Statement shall be adhered to throughout the construction period for the development. 8) No development shall commence until a scheme of landscaping based on drawing Ref 175-A1-004-Rev C has been submitted to and approved in writing by the Local Planning Authority. The Scheme shall include: i) details of all existing trees and hedgerows on the land, identifying those to be removed or felled and those to be retained and set out measures for their protection throughout the course of development; ii) the details of the number, species, sizes, spacing and planting positions of all trees and shrubs to be planted; iii) details of Street Trees to be planted including species, sizing, position, planting infrastructure and maintenance; iv) a detailed phasing plan for the implementation of the Scheme; and, v) a detailed site wide Landscape and Open Space Management Plan.

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards The development shall then be built out in accordance with the approved Scheme, with the landscaping implemented in accordance with the approved implementation and phasing plan and the site then managed in full accordance with the approved Landscape and Open Space Management Plan. 9) No development shall commence until a final scheme for the provision of surface and foul water drainage and its implementation and management, based on the submitted Flood Risk Assessment and Drainage Strategy, has been submitted to and approved in writing by the Local Planning Authority. The development shall then be built out in full accordance with the approved scheme and retained thereafter. 10) No development shall commence until a detailed Ecological Mitigation and Improvement Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall be based on the Preliminary Ecological Appraisal dated April 2022 and the letters from HS Ecology dated 22 May 2023, 25 October 2023 and 15 March 2024. The Plan shall include full details of the implementation of all aspects of the Ecological Mitigation and Improvement Plans. The approved Plan shall then be implemented in full accordance with the approved details.

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 11) No development shall commence until full details of the Children's Play Equipment and a Management Plan for its future maintenance, repair and replacement have been submitted to and approved in writing by the Local Planning Authority. The approved details shall then be fully installed prior to the 50th dwelling on the site being occupied and then managed and maintained in accordance with the approved details. 12) No development shall commence until a detailed scheme for the construction, timing of delivery, maintenance and management of the footpath link to the railway path and the clearance and improvement of the railway path, from Station Road, New Waltham to the site has been https://www.gov.uk/planning-inspectorate 11

Page 11 · Chunk 34 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 11) No development shall commence until full details of the Children's Play Equipment and a Management Plan for its future maintenance, repair and replacement have been submitted to and approved in writing by the Local Planning Authority. The approved details shall then be fully installed prior to the 50th dwelling on the site being occupied and then managed and maintained in accordance with the approved details. 12) No development shall commence until a detailed scheme for the construction, timing of delivery, maintenance and management of the footpath link to the railway path and the clearance and improvement of the railway path, from Station Road, New Waltham to the site has been https://www.gov.uk/planning-inspectorate 11

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards Appeal Decision APP/B2002/W/25/3360989 submitted to and approved in writing by the Local Planning Authority. The approved scheme of work shall then be completed in accordance with the details within it including the timing of delivery. 13) No development shall commence until the full layout, construction details and timing of the delivery of the footpath connection from the site to Maple Grove adjacent to the A16, as annotated on drawing Ref 175-A1-002-Rev H, has been submitted to and approved in writing by the Local Planning Authority. The footpath shall then be constructed in accordance with the approved details. 14) No development shall commence until full details of the garden levels of Plots 229 to 249 and Plot 108, including levels above ordnance datum and their relationship to existing ground levels, have been submitted to and approved in writing by the Local Planning Authority. The development shall then be built out and retained in accordance with the approved details.

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 15) No development shall commence until details of the following, including where appropriate drawings to a scale of at least 1/500, have been submitted to and approved in writing by the Local Planning Authority: i) the proposed layout of the carriageways and footways on the development; ii) the wearing course materials proposed for the carriageways and footways; iii) cross sections; iv) the highway drainage system; v) the proposed locations of street lighting columns, all services and ducts for services, within the carriageways and footways; vi) management arrangements for any carriageways, footways and/or landscaped areas not to be adopted by the local authority; vii) any proposed construction access; and, viii) a Stage 1 and 2 Road Safety Audit undertaken by a fully qualified independent Road Safety Auditor. The development shall thereafter proceed in strict accordance with the approved details. No dwelling shall be occupied until its access and parking areas are constructed and made available for use.

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 16) No development shall commence until: i) a Written Scheme of Investigation or Specification for Works for a programme of historic building recording has been submitted to and approved in writing by the Local Planning Authority; and, ii) a programme of historic building recording in accordance with the approved Written Scheme of Investigation or Specification for Works has been implemented. Prior to first occupation of the development, the findings resulting from the programme of historic building recording shall be published within a suitable media, and the resulting archive from the programme of historic building recording shall be deposited with an appropriate organisation. https://www.gov.uk/planning-inspectorate 12

Page 12 · Chunk 38 O S Woodwards

Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 16) No development shall commence until: i) a Written Scheme of Investigation or Specification for Works for a programme of historic building recording has been submitted to and approved in writing by the Local Planning Authority; and, ii) a programme of historic building recording in accordance with the approved Written Scheme of Investigation or Specification for Works has been implemented. Prior to first occupation of the development, the findings resulting from the programme of historic building recording shall be published within a suitable media, and the resulting archive from the programme of historic building recording shall be deposited with an appropriate organisation. https://www.gov.uk/planning-inspectorate 12

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards Appeal Decision APP/B2002/W/25/3360989 Specific triggers 17) Prior to construction commencing on Plots 1, 2, 3, 11, 12, 13, 29, 30, 31 and 32, a detailed Noise Mitigation Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall include details to mitigate noise from traffic to both external gardens and internal habitable rooms as discussed within the submitted Noise Report and where identified a ventilation scheme to prevent overheating. The properties shall then be built out in accordance with the approved Strategy with all measures implemented prior to occupation of the dwelling to which they relate and thereafter maintained to the same specification. 18) The main vehicular site access shall be fully constructed and operational prior to works commencing on the construction of any dwelling on the site. The site emergency access shall be fully constructed and be available to use prior to the occupation of the 151st dwelling on the site and shall thereafter be retained.

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Land off Louth Road, New Waltham, North East Lincolnshire, North East Lincolnshire, DN36 4RY — North East Lincolnshire Council — O S Woodwards 19) No dwelling shall be occupied until a scheme for water re-use to achieve an efficiency standard of 110 litres per person per day has been submitted to and approved in writing by the Local Planning Authority. Once approved, the dwellings shall be occupied in strict accordance with the agreed details. ============ END OF SCHEDULE ============ https://www.gov.uk/planning-inspectorate 13

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

Main issues and findings

Highway safety
Against appellant
¶14

The proposal would have a negligible effect on traffic congestion and no unacceptable impact on highway safety.

Other
For appellant
¶17

The proposal would have a negligible effect on air quality and would comply with Policy 5 of the LP, which requires proposals to be suitable with regard to air quality.

Policies relied on

Reference Weight
LP 5
Substantial
LP 36
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 13 pages, issued by the Planning Inspectorate on 7 August 2025 under the Open Government Licence.