Appeal Case Study - Bowhill

Share Appeal Case Study - Bowhill on Facebook Share Appeal Case Study - Bowhill on Twitter Share Appeal Case Study - Bowhill on Linkedin Email Appeal Case Study - Bowhill link

Breach of planning conditions controlling development close to Ancient Woodland

Planning permission was granted under WD/2017/0096/O and WD/2019/0520/RM for a pair of bungalows relating to land situated at the northern end of the grounds of Bowhill which is to the north-west of The Drive in Hellingly.

Bowhill contains a large building, previously used as offices and converted into dwellings. On the other side of The Drive is a large residential estate, developed on the grounds that previously formed part of Hellingly Hospital. A subsequent application for amendments to the approved houses was granted under WD/2020/1176/FA

Although permission was granted for development, one of the key issues was the adjacent block of ancient woodland. The permission included a ‘buffer’ for the ancient woodland where no development was to take place with restrictive conditions protecting the buffer.

When the development was being constructed, the Council received complaints that the development was not in accordance with the approval.

To the north and northeast of the Bungalow development, lies an area of Ancient and Semi-Natural Woodland, also considered a priority deciduous habitat for which a buffer zone was established as part of the permission to build.

Following a site visit, it was apparent that elements of the scheme had not been built in accordance with the approved plans for the site, namely the front garden/lawn area and side and rear patio areas, with the property now having a driveway and retaining wall that wraps around the front and left side (from the south-western (front) to north-western (left) elevations.

The driveway and retaining wall were not part of the original approved scheme, and appear to fall, at least partly, outside of the indicated site and curtilage, as well as within the ancient woodland buffer zone.

The rear patio area is also in excess of that submitted and approved under the scheme and goes beyond the demarcated domestic curtilage and encroaches into the buffer zone.

It is also apparent that various structures had been erected abutting and partly within the Ancient Woodland.

It is further considered that the erection of structures, stationing of residential paraphernalia and use of the land for residential purposes within the buffer zone, is unjustified, as it is occurring beyond the approved domestic curtilage for the development.

Is this really a problem?

Buffer zones can protect ancient woodland and individual ancient and veteran trees and provide valuable habitat for woodland wildlife, such as feeding bats and birds. The size and type of buffer zone should vary depending on the:

  • Scale and type of development and its effect on ancient woodland, ancient and veteran trees
  • Character of the surrounding area

For ancient woodlands, the proposal should have a buffer zone of at least 15 metres from the boundary of the woodland to avoid root damage (known as the root protection area). Where assessment shows other impacts are likely to extend beyond this distance, the proposal is likely to need a larger buffer zone

Government advice is clear. A buffer zone should consist of semi-natural habitats such as:

  • woodland
  • a mix of scrub, grassland, heathland and wetland

A buffer zone should not include creation of garden areas. Access can only be allowed to buffer zones if the habitat is not harmed by trampling.

Standing advice from Natural England and Forestry Commission can be accessed here.

In the subject case, the original, approval included a garden to the front and side, away from the Ancient Woodland. The departures from that approval placed pressures on the buffer zone for use as a garden area. Discussions with the property owner spanned a period of four months. Despite lengthy discussions, this did not result in an acceptance to amend the scheme and to comply with the original permission.

We served an Enforcement Notice seeking to:

  1. Cease any and all residential use of the 15m Ancient Woodland Buffer Zone
  2. Remove all structures, unauthorised development and associated paraphernalia from within the 15m Buffer Zone. (See Appendix 4 and attached SGN-8 guidance note for best practice and guidance)
  3. Build the scheme in compliance with the approved details associated with WD/2020/1176/FA including removal of all hard surfacing and all development not in accordance with the approved plans (see Appendix 7 for identified non-compliance and steps required)
  4. Remove from the Land all materials, rubble, rubbish, debris, tools and equipment arising from compliance with the above requirements

The Notice was challenged and an appeal was lodged. Following the appeal the enforcement notice was varied and upheld.

Lesson Learnt

Developing without planning permission or ignoring conditions on a permission can result in enforcement action. As a starting point we would always seek to avoid formal action, but it is important that you ensure you are complying with regulations.

An enforcement notice usually demands that you either demolish the new structure or revert it to its previous state. Non-compliance with the notice can result in legal action and hefty fines, sometimes reaching up to £50,000.

It’s important to note that building regulations apply even if your project is a permitted development. These rules ensure your project is safe and meets energy-efficiency standards.

If you’re planning to appeal an enforcement notice, you can do so if you own, rent, or lawfully occupy the property or land it applies to. You can also comment on an appeal, and there’s no fee for appealing unless you also apply for planning permission. Your appeal must be received before the date the enforcement notice takes effect, which should be shown on the notice and should be at least 28 days from when the enforcement notice was served on you.

What’s the big issues with Ancient Woodland?

Ancient woodland is a valuable natural asset that is important for wildlife as an irreplaceable habitat. It is a unique and complex community of plants, fungi, insects, and other microorganisms that have developed over hundreds of years. Ancient woodland is home to more threatened species than any other terrestrial habitat in the UK . It also retains important archaeological features, often from past industry and management.

Development can be permitted close to Ancient Woodland where buffers are secured and safeguarded.

Breach of planning conditions controlling development close to Ancient Woodland

Planning permission was granted under WD/2017/0096/O and WD/2019/0520/RM for a pair of bungalows relating to land situated at the northern end of the grounds of Bowhill which is to the north-west of The Drive in Hellingly.

Bowhill contains a large building, previously used as offices and converted into dwellings. On the other side of The Drive is a large residential estate, developed on the grounds that previously formed part of Hellingly Hospital. A subsequent application for amendments to the approved houses was granted under WD/2020/1176/FA

Although permission was granted for development, one of the key issues was the adjacent block of ancient woodland. The permission included a ‘buffer’ for the ancient woodland where no development was to take place with restrictive conditions protecting the buffer.

When the development was being constructed, the Council received complaints that the development was not in accordance with the approval.

To the north and northeast of the Bungalow development, lies an area of Ancient and Semi-Natural Woodland, also considered a priority deciduous habitat for which a buffer zone was established as part of the permission to build.

Following a site visit, it was apparent that elements of the scheme had not been built in accordance with the approved plans for the site, namely the front garden/lawn area and side and rear patio areas, with the property now having a driveway and retaining wall that wraps around the front and left side (from the south-western (front) to north-western (left) elevations.

The driveway and retaining wall were not part of the original approved scheme, and appear to fall, at least partly, outside of the indicated site and curtilage, as well as within the ancient woodland buffer zone.

The rear patio area is also in excess of that submitted and approved under the scheme and goes beyond the demarcated domestic curtilage and encroaches into the buffer zone.

It is also apparent that various structures had been erected abutting and partly within the Ancient Woodland.

It is further considered that the erection of structures, stationing of residential paraphernalia and use of the land for residential purposes within the buffer zone, is unjustified, as it is occurring beyond the approved domestic curtilage for the development.

Is this really a problem?

Buffer zones can protect ancient woodland and individual ancient and veteran trees and provide valuable habitat for woodland wildlife, such as feeding bats and birds. The size and type of buffer zone should vary depending on the:

  • Scale and type of development and its effect on ancient woodland, ancient and veteran trees
  • Character of the surrounding area

For ancient woodlands, the proposal should have a buffer zone of at least 15 metres from the boundary of the woodland to avoid root damage (known as the root protection area). Where assessment shows other impacts are likely to extend beyond this distance, the proposal is likely to need a larger buffer zone

Government advice is clear. A buffer zone should consist of semi-natural habitats such as:

  • woodland
  • a mix of scrub, grassland, heathland and wetland

A buffer zone should not include creation of garden areas. Access can only be allowed to buffer zones if the habitat is not harmed by trampling.

Standing advice from Natural England and Forestry Commission can be accessed here.

In the subject case, the original, approval included a garden to the front and side, away from the Ancient Woodland. The departures from that approval placed pressures on the buffer zone for use as a garden area. Discussions with the property owner spanned a period of four months. Despite lengthy discussions, this did not result in an acceptance to amend the scheme and to comply with the original permission.

We served an Enforcement Notice seeking to:

  1. Cease any and all residential use of the 15m Ancient Woodland Buffer Zone
  2. Remove all structures, unauthorised development and associated paraphernalia from within the 15m Buffer Zone. (See Appendix 4 and attached SGN-8 guidance note for best practice and guidance)
  3. Build the scheme in compliance with the approved details associated with WD/2020/1176/FA including removal of all hard surfacing and all development not in accordance with the approved plans (see Appendix 7 for identified non-compliance and steps required)
  4. Remove from the Land all materials, rubble, rubbish, debris, tools and equipment arising from compliance with the above requirements

The Notice was challenged and an appeal was lodged. Following the appeal the enforcement notice was varied and upheld.

Lesson Learnt

Developing without planning permission or ignoring conditions on a permission can result in enforcement action. As a starting point we would always seek to avoid formal action, but it is important that you ensure you are complying with regulations.

An enforcement notice usually demands that you either demolish the new structure or revert it to its previous state. Non-compliance with the notice can result in legal action and hefty fines, sometimes reaching up to £50,000.

It’s important to note that building regulations apply even if your project is a permitted development. These rules ensure your project is safe and meets energy-efficiency standards.

If you’re planning to appeal an enforcement notice, you can do so if you own, rent, or lawfully occupy the property or land it applies to. You can also comment on an appeal, and there’s no fee for appealing unless you also apply for planning permission. Your appeal must be received before the date the enforcement notice takes effect, which should be shown on the notice and should be at least 28 days from when the enforcement notice was served on you.

What’s the big issues with Ancient Woodland?

Ancient woodland is a valuable natural asset that is important for wildlife as an irreplaceable habitat. It is a unique and complex community of plants, fungi, insects, and other microorganisms that have developed over hundreds of years. Ancient woodland is home to more threatened species than any other terrestrial habitat in the UK . It also retains important archaeological features, often from past industry and management.

Development can be permitted close to Ancient Woodland where buffers are secured and safeguarded.

Page last updated: 19 Nov 2024, 03:20 PM