1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Site visit made on 9 December 2025 by MG Garrard LLB (Hons), PGDip.LP, Solicitor an Inspector appointed by the Secretary of State Decision date: 20 January 2026 Appeal Ref: APP/E3335/W/25/3373355 1 Apple Meadow View, Leigh on Mendip, Radstock BA3 5GP • 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 Mr D Rowe against the decision of Somerset Council. • The application Ref 2025/1375/FUL dated 10 July 2025 was refused by notice dated 15 September 2025 • The development proposed is conversion of existing garage. Decision 1. The appeal is dismissed Preliminary Matters 2. Since the Council’s decision notice was issued, the Council has adopted the Mendip District Local Plan Part II: Limited Update (September 2025). The Council has confirmed that there are no policies in that part of the development plan relevant to the proposal. Main Issues 3.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision The main issues in this appeal are: • whether the proposed development is required to make provision for Biodiversity Net Gain (BNG) having regard to the BNG exemptions; • the effect of the proposed development on the character and appearance of the area; and • the effect of the proposed development on the living conditions of the occupants of nearby residential properties with particular regard to noise and disturbance. Reasons Biodiversity Net Gain (BNG) 4. Under the Environment Act 2021 and Schedule 7A of the Town and Country Planning Act 1990 (as amended), mandatory BNG applies to the development of small residential sites where applications have been made on or after 2 April 2024. Small residential sites are defined as residential development where the number of dwellings is between 1 and 9 on a site of an area 1 hectare or less, or if the number of dwellings is unknown, the site area is less than 0.5 hectares. https://www.gov.uk/planning-inspectorate

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/25/3373355 5. Unless an exemption applies, planning permission is deemed to have been granted subject to the condition that the biodiversity objective of delivering at least a 10% increase in biodiversity value is met. That value is measured against the pre-development biodiversity value of the site. Therefore, unless an exemption applies applications for planning consent are required to provide minimum baseline information about the site’s biodiversity. 6. The Town and Country Planning Act 1990 sets out exemptions for development granted via a development order, urgent Crown development, or development of such other description as the Secretary of State may specify. The Biodiversity Net Gain Requirements (Exemptions) Regulations 2024 set out various exemptions. The only potentially relevant exemptions here are the self-build and custom build and the de minimis exemptions. The former can only be applied if the decision- maker has certainty that the proposed development represents a self-build or custom build proposal and no indication has been given in this regard.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision The latter applies to development that does not impact an onsite priority habitat and impacts less than 25m2 of onsite habitat that has a biodiversity value greater than zero. 7. If an exemption is claimed, a planning application must provide a statement setting out why an exemption applies. No such statement has been provided. The appellant claims an exemption because the proposal is a conversion of an existing garage building and the whole site comprises the garage and existing hardstanding. 8. The Planning Practice Guidance1 (PPG) states that if activities to implement or in connection with a planning permission are carried out after 25 August 2023 that lower the biodiversity value of the onsite habitat, the pre-development biodiversity value of the onsite habitat is taken to be the biodiversity value immediately before the carrying out of the activities. 9. The site now comprises the existing garage and associated hard surfacing. However, the garage and associated works were constructed following a planning permission 2024/13/75/HSE which was granted on 23 September 2024. This post- dates 25 August 2023.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision The Council has indicated that the site may have formed meadowland prior to its development and that a condition was imposed as part of the 2024 permission to require provision of landscaping. 10. Based on the limited information provided, I am not satisfied that the claimed exemption as described above applies. Although the PPG states that it is generally inappropriate to refuse an application on the grounds that the biodiversity gain objective will not be met, it is necessary to consider if the BNG condition is capable of being successfully discharged. As the proposed development would not be exempt, the BNG condition would apply. Therefore, insufficient information has been provided, and I cannot be satisfied that the BNG requirement would be fulfilled. 11. In conclusion, the proposed development would be required to and would fail to make provision for BNG having regard to the BNG exemptions. It would therefore breach the requirements of Policy DP5 of the Mendip District Local Plan Part 1: Strategy and Policies (adopted 2015) (MDLPP1) and the National Planning Policy Framework (the Framework) in so far as they seek to enhance biodiversity.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision As a 1 Paragraph 74-036-20240214: How is habitat degradation dealt with when calculating the pre-development biodiversity value of onsite habitat? https://www.gov.uk/planning-inspectorate 2

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision As a 1 Paragraph 74-036-20240214: How is habitat degradation dealt with when calculating the pre-development biodiversity value of onsite habitat? https://www.gov.uk/planning-inspectorate 2

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/25/3373355 result, it would also fail to meet the requirements of the Environment Act 2021 and the Town and Country Planning Act 1990. I give this policy conflict and failure to comply with a statutory requirement substantial weight. Character and Appearance 12. Approaching the site, the area is characterised by linear historic buildings along the main street and the post war development of Park Hayes with a mixture of semi-detached houses, terraced houses, flats and bungalows. Apple Meadow View is a more recently built row of detached and semi-detached houses with front and rear gardens and off-street parking. 13. The access to the site runs alongside 1 Apple Meadow View and beyond the site to 3 recently built bungalows set around a brick paved courtyard area with lawns and parking areas to the front of each. The site of the existing garage and associated land adjoins the rear boundaries of properties on Apple Meadow View and the access road to the bungalows. 14. The site has a driveway area in front of double gates that is sufficient for at least one car to pull off the access road. Within the gated area is space for at least 2 cars to park.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Space to the side of the garage leads to the proposed amenity space to the rear. The site is enclosed by close boarded fencing and a mixed species hedgerow along part of the boundary with Apple Meadow View. The boundary of the proposed garden land with the rest of the appellant’s land was not marked or enclosed at the time of my site visit. There is a change of levels with the site lying lower than Apple Meadow View and the bungalows beyond are lower still. 15. The changes proposed to accommodate the residential use would include the addition of windows and doors to the garage building and the change of land to garden. The garage is enclosed behind close boarded fencing and gates within a plot that would allow for the provision of private amenity space and off-road parking. In the context of this area of the village with its diverse mix of ages, types and sizes of housing, the proposed development would not materially adversely affect the character or appearance of the area. 16. I conclude that the proposed development would not harm the character and appearance of the area.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Accordingly, there would be no conflict with Policies CP1 and DP7 of the Mendip District Local Plan Part 1: Strategy and Policies (adopted 2014) (MDLPP1) and section 12 of the National Planning Policy Framework, which seek high quality design and development appropriate to the local context. Living Conditions 17. The proposal is for a single storey dwelling with 1 bedroom, a study and a living space. It would have off-road parking for at least 2 cars and private amenity space. This would not amount to a cramped form of development within the site. 18. The site is already used as a large double garage associated with 1 Apple Meadow View which could generate significant activity levels. Use of the garage as a dwelling could lead to more comings and goings than at present and greater use of the land proposed as private amenity space. There is a dispute between the parties about the gross internal area of the proposed dwelling. It would be under 50m2 but still over 46m2 whichever figure is used. As such it would be a small dwelling and that could lead to more intensive use of the proposed garden area. https://www.gov.uk/planning-inspectorate 3

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/25/3373355 Although the appellant states the proposal is intended as a 1-person dwelling, I accept it could be used as 2-person dwelling and this could add to the intensity of use. 19. The proposed dwelling would be single storey at a lower level beyond the rear gardens of the dwellings on Apple Meadow View and is well contained by the close boarded fencing and existing hedge. The side of the garage facing the rear boundaries of the properties on Apple Meadow View is not proposed to have any doors and windows so activity on that side of the garage would be limited. Nor have any significant issues of overlooking or privacy been raised. 20. The front of the bungalows would be separated from the proposed dwelling by the side access to the proposed amenity area within the site, the planted raised bed on the other side of the site boundary fence, the access drive, the bungalows’ shared courtyard and individual front gardens. The close boarded fencing encloses and screens the site from the bungalows so activity on the site would be contained and would not be visible to occupiers of the bungalows. Therefore, the proposed dwelling would be well separated and screened from the bungalows. 21.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision In addition, any increase in the intensity of the use of the garage and proposed garden area would be limited due to the small scale of the development. Taking account of these matters and the pattern and layout of development around the site, the living conditions of the occupiers of nearby dwellings would not be adversely affected. 22. From my observations on site, I accept the appellant’s contention that it would be possible to enter and leave the site in a forward gear, although turning within the site could lead to additional noise and disturbance and I have taken this into account in considering the effect on the living conditions of occupiers of nearby dwellings. 23. In conclusion, the proposed development would not harm the living conditions of occupants of nearby residential properties with particular regard to noise and disturbance. As such, it would not conflict with Policies CP1 and DP7 of the Mendip Local Plan Part 1 (adopted 2014) and the Framework which protect the amenity of users of neighbouring buildings and seek provision of a satisfactory environment for current and future occupiers. Other Matters 24.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision The appellant has referred to a lack of engagement by the council during consideration of the application, but this is not relevant to my determination of the issues in this appeal. 25. I note the appellant’s comments about the siting of the proposed air-source heat pump, solar panels and foul drainage but as a result of my final conclusion on this appeal, it is not necessary to consider those matters further. Planning Balance 26. The Appellant and the Council agree that the Council cannot currently demonstrate a five-year supply of deliverable housing sites. Consequently, the provisions of paragraph 11d of the Framework apply. Therefore, planning permission should be granted unless any adverse impacts would significantly and https://www.gov.uk/planning-inspectorate 4

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/25/3373355 demonstrably outweigh the benefits when assessed against the Framework as a whole. 27. The proposal would make a small contribution towards housing supply with some social and economic benefits during works to convert the building and once it is occupied. I give these benefits moderate weight. 28. The effects on character and appearance and living conditions are not such that the proposal is in breach of the relevant policies of the development plan. These matters are therefore neutral in the planning balance. However, due to my findings regarding BNG, the proposal would be in breach of those legal requirements, the development plan and the Framework. This has significant weight. 29. Accordingly, the adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the Framework taken as a whole. For this reason, planning permission should be refused. Conclusion 30. For the reasons given above the appeal should be dismissed.

1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP — Somerset Council — MG Garrard INSPECTOR https://www.gov.uk/planning-inspectorate 5