200,000. Building Plot Adjacent The Willows Old Stowmarket Road Woolpit Bury St. Edmunds Suffolk. IP30 9QS

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1 This individual building plot offers the opportunity for the owner to build their dream home. The plot is set in the large established gardens of the neighbouring property and is particularly well screened. Outline planning permission exists to build a 1½ storey dwelling. The exact plot size has yet to be determined as the owner is able to provide some flexibility, however as a minimum the plot would measure 50 metres in depth by 14 metres wide. Building Plot Adjacent The Willows Old Stowmarket Road Woolpit Bury St. Edmunds Suffolk. IP30 9QS Guide Asking Price: 200,000

2 Building Plot Adjacent to The Willows, Old Stowmarket Road, Woolpit. Suffolk IP30 9QS If you have been hunting for the right plot on which to build your dream home, then this beautifully situated individual plot could be just what you have been searching for. Set in the established gardens of The Willows the plot is very well screened from the road and neighbouring properties. There site is planted with a huge variety of mature shrubs and trees with the whole area being something of a haven for wildlife.the plot has outline planning consent for the erection of a bungalow or 1½ storey dwelling. The exact plot size has yet to be finalised The following points should be noted The Outline Planning Consent expires in May The purchaser will be required to erect a boundary fence before beginning development. No windows should look directly into the neighbouring property known as The Willows. The plot will have its own separate vehicular access. We understand that there is a gas pipe and mains sewer in Old Stowmarket Road for connection. The Vendor has requested that the plot is developed no later than 18 months from the purchase date. Extra land is available by negotiation. There will be a restrictive covenant put in place to limit development of the plot to one dwelling. If you would like to know more about this opportunity please contact either Andrew Mortimer or Ian Gausden at Mortimer & Gausden on VIEWING STRICTLY BY APPOINTMENT Please Note: These details have been carefully prepared in accordance with the Sellers instructions, however their accuracy is not guaranteed. Measurements are approximate and where floor plans have been included, they serve purely as a guide to general layout and should not be used for any other purpose. The photographs displayed are also for promotional purposes only, and do not indicate the availability to purchase any of the fixtures and fitting. We have not tested any services or appliances, and potential purchasers should make their own enquiries to ensure that they are of a satisfactory working standard. Important: No person in the employment of Mortimer & Gausden Limited has any authority or ability to make or give warranty or representation whatsoever in relation to this property. If you are in any doubt as to the correctness of any of the content contained in either these details, our advertising or web site, please contact our offices immediately.

3 Appeal Decision Site visit made on 16 April 2013 by C A Newmarch BA(Hons) MRICS MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 15 May 2013 Appeal Ref: APP/W3520/A/13/ The Willows, Old Stowmarket Road, Woolpit, Bury St Edmunds IP30 9QS The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The appeal is made by Mrs Wistow against the decision of Mid-Suffolk District Council. The application Ref 2407/12, dated 27 July 2012, was refused by notice dated 29 October The development proposed is the erection of a detached dwelling and the construction of a vehicular access (resubmission). Decision 1. The appeal is allowed and outline planning permission is granted for the erection of a detached dwelling and the construction of a vehicular access at The Willows, Old Stowmarket Road, Woolpit, Bury St Edmunds IP30 9QS in accordance with the terms of the application, Ref 2407/12, dated 27 July 2012, and the plans submitted with it, subject to the conditions in the attached schedule. Procedural matters 2. The application was made in outline. It includes the means of access, with all other matters being reserved for determination at a later date. The scheme is a re-submission following the withdrawal of an earlier application, Ref 1795/12. The position of the access in this amended scheme has been changed to enable 2 silver birch trees to be retained. 3. The appellant has completed a unilateral undertaking in favour of the Council, which is discussed further below. Main Issue 4. The main issue is the effect on the character and appearance of the countryside. Reasons 5. The site comprises garden land within the curtilage of The Willows, and does not constitute previously developed land. There is no dispute that the site is beyond the village settlement boundary and within the countryside. Policy CS2 of the Mid Suffolk Core Strategy (CS), 2008, provides that, in the countryside, development will be restricted to identified uses including development to support the rural economy, affordable housing, community needs and to provide renewable energy. The proposed dwelling would not be for any of the identified purposes. CS policy CS2 generally accords with the National Planning

4 Policy Framework (Framework) which provides that housing should be located where it will enhance or maintain the vitality of rural communities and avoid isolated new homes in the countryside. 6. The site is at the western end of a ribbon of predominantly residential properties along the northern frontage of Old Stowmarket Road. The site is well screened by an abundance of mature trees and shrubs along the western and front boundaries of the host property. The appellant s arboricultural report identifies the group of trees along the western boundary as a bolted hedgerow comprising multi-stem field maple, hawthorn, plum, apple and 2 maturing oak trees. These, together with a maturing Blue Atlas cedar at the front of the site, are all classified as B category trees, with an anticipated life of at least 20 years. None of these would be removed to provide the proposed access, and their retention could be required by a condition. 7. The access would necessitate the removal of 3 trees: a cherry, a Lombardy poplar and a Norway maple, all of which are classified as Category C specimens. I saw these trees at the time of my visit, and accept that while they contribute to the overall density of the mature vegetated area at the front of the site, they make a limited contribution to the character and appearance of the area. They are not protected specimens, and could be removed at any time. Similarly, the removal of part of the laurel hedge along the front boundary could be carried out without permission, and the resulting limited harm would not be material. The development would also be screened to the rear of the site by the abundance of mature planting within the remaining garden of the host property. While much would depend on matters to be determined at a later stage, there is no evidence that the proposal would be visually harmful to the prevailing appearance of the countryside. 8. Although there is open, agricultural land opposite the site, this part of Old Stowmarket Road became a cul de sac following the construction of the A45 trunk road to the east, and includes significant employment uses as well more than 20 other dwellings. Woolpit Nurseries adjoins the western boundary of the site, and there is a substantial haulage and container depot close to junction 47 of the A14 trunk road, close to the north of the site. The dwelling would further consolidate the ribbon of development within the countryside along Old Stowmarket Road, but it would not be an isolated dwelling, and would not materially alter the character of this well-established area, or the surrounding countryside. 9. The proposal would not, therefore, have a seriously harmful effect on the character and appearance of the countryside. As such, it would not conflict with CS policy CS5, which protects the character and environment of the countryside, and which generally accords with the Framework. 10. The Council is concerned that the dwelling would set a precedent for development in other locations outside settlement boundaries throughout the district. However, this is a generalised rather than specific fear, since each proposal has to be considered on its merits. 11. Woolpit is identified as Key Service Centre in CS policy CS1. CS policy CS1 generally accords with the requirement in the Framework for Council s to set out the strategic priorities for its area. Shops, other facilities and bus stops are within easy walking distance of the site. I am satisfied that the site is within a sustainable location, and the development would not conflict with economic, 2

5 social and environmental roles of sustainable development set out in the Framework. Other matters 12. The signed and dated unilateral undertaking provides for the payment of a social infrastructure contribution, together with compliance and legal fees. The Council s adopted Social Infrastructure including Open Space, Sport and Recreation Supplementary Planning Document (SPD), 2007, provides an evidence base justifying contributions towards the improvement of existing facilities in line with housing growth. Having regard to the submitted executive summary of the needs assessment, I am satisfied that the contributions towards village halls, swimming pools, sports halls and outdoor pitches would be necessary to make the development acceptable, and that they accord with Community Infrastructure Levy Regulation It is accepted practice for an appellant to pay the Council s reasonable legal costs, but it is not clear that monitoring the development would exceed its general statutory duty of ensuring compliance with planning controls. The compliance fees are not, therefore, justified. Consequently, the unilateral undertaking is an important material consideration, which I have taken into account in reaching my decision, except insofar as it relates to the compliance fees. 14. The appellant queries the concentration of the housing land supply within the Stowmarket area, but there is no evidence before me that there is less than the 6.6 years supply of housing sites. Its relevant housing land supply policies have not been demonstrated to be out of date within the context of Paragraph 49 of the Framework. 15. The appellant refers to an appeal decision, Ref APP/K2420/A/12/ , at Congerstone in support of the proposal. However, as the absence of a five year housing land supply was a material consideration of some weight in that case, it is not comparable to this appeal, and has not been a determinative matter. 16. There is some dispute between the parties concerning the relevance of an expired planning permission, Ref 2458/06, for residential development at Southlands in Old Stowmarket Road. However, this decision pre-dates the CS, and has not been material to my consideration of the appeal. Conditions 17. I have considered the conditions suggested by the Council, and the appellant s comments. In addition to the usual time limiting and reserved matters conditions, a condition is necessary to control the detailed design and implementation of the access in the interests of highway safety and convenience. Conditions to control the retention of the trees identified as such on the Tree Survey and Constraints Plan, together with the hard and soft landscaping of the site, are necessary in the interests of visual amenity. 3

6 Conclusions 18. Notwithstanding my findings in relation to the effect on the character and appearance of the countryside, the proposed development would conflict with the control over new housing in the countryside in CS policy CS2. Development which conflicts with the development plan should be refused unless material considerations indicate otherwise. However, in the particular circumstances of this case, I find that absence of demonstrable harm and the presumption in favour of sustainable development together outweigh the conflict with the development plan. 19. I have considered all other matters raised, but they do not alter the balance of my decision. C A Newmarch INSPECTOR Schedule of conditions: 1) Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved. 4) Development shall not begin until details of the junction between the access drive and the highway have been submitted and approved in writing by the local planning authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details. The access shall be retained as such thereafter. 5) In this condition retained tree means an existing tree which is to be retained in accordance with the arboricultural report, Ref LSDP and approved plan Ref C and Tree Survey & Constraints Plan Ref LSDP Rev A, dated 30 July 2012; and paragraphs (i) and (ii) below shall have effect until the expiration of 5 years from the date of the occupation of the building for its permitted use. i) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work). ii) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority. 4

7 iii) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made. 6) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; hard surfacing materials; minor artefacts and structures (eg. play equipment, refuse or other storage units, lighting etc). 7) Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme. 8) All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority. 5