- Decision
- allowed, 23 September 2026
- Decided by
- Planning Inspector: Toby Gethin
- Authority
- Forest of Dean (South West)
- Appeal reference
- 6008171
- Application reference
- P0048/23/FUL
- Procedure
- written representations
- Development
- s73A variation of conditions 2 (plans) and 6 (biodiversity mitigation) on built 3-dwelling scheme; off-site reptile mitigation land secured by unilateral undertaking
- Homes
- 3
- Site context
- settlement edge
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- N2, DP3
- Development plan policies
- Forest of Dean Core Strategy CSP1, Allocations Plan AP4, AP7, Forest Edge South NP 2022-2041 Policies 2, 5, 7
- Main issues
- character and appearance; biodiversity
Summary
Three houses at Parkend were built with gardens covering an approved on-site reptile buffer, and with a close-boarded fence. A retrospective s73A application to vary the plans and biodiversity conditions was refused, and the appeal was allowed. The inspector accepted larger off-site reptile mitigation land, secured by a unilateral undertaking, as giving a better overall outcome than the approved on-site buffer (DL ¶16-18).
What made the difference
The appeal was judged "under the current context and approach to biodiversity mitigation", which accepts off-site provision (DL ¶16). The UU was enforceable even though the off-site landowners were not party to it (DL ¶19-21).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| N2 | pass | loss of approved on-site reptile buffer offset by larger off-site mitigation land under a LEMP, secured by UU; net gain over the approved scheme (DL 14-22) | |
| DP3 | pass | close-boarded boundary fence with new hedge not incongruous on settlement edge (DL 11-13); consistent with Framework chapter 14 |
Key facts
- As built, gardens took over a 380 sqm reptile buffer shown on the approved plans (DL 14-15)
- Landowners of the off-site land were not party to the UU; an option agreement and a purchase-notice obligation were held enforceable (DL 19-21)
- Appeal "determined under the current context" allowing off-site biodiversity measures (DL 16)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.