# Land adjacent to Parkend Club, Castlemain, Parkend (s73A variation, 3 dwellings)

- **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
- **Tags:** tier-2, retrospective, off-site-biodiversity, unilateral-undertaking

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008171
- https://appeal-planning-decision.service.gov.uk/published-document/05955ffe-924c-4cfc-bcac-5671348a0a51

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008171.html

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