Councillors have granted permission for an area of scrubland in Lichfield to be retained as part of residential gardens.
Fencing has already been built around the former verge on St Catherines Road by the owners of properties on Giles Road.
But concerns had been raised over the potential impact on biodiversity, with the loss of a blackberry bush.
Lichfield District Council’s own planning policies say all developments should offer a biodiversity net gain.
Cllr Dave Robertson, Curborough ward representative told a meeting of the local authority’s planning committee:
“It has been a difficult application because works were undertaken before planning permission was sought.
“A Google Streetview photo shows it was a maintained verge that is a habitat. A small one, but there is a blackberry bush and other plant life growing underneath.
“The requirement for net gain of biodiversity is one we should all be very keen to maintain – it is one of the strongest weapons we have to tackle climate emergency.
“That policy states that all development must achieve net gain of biodiversity – it is very clear. It is down to applicants to show it does achieve that. There is nothing in this to show net biodiversity has been increased.
“The choice is to respect and defend that policy and maintain it, or effectively set a message that says if you just do it then you need not follow the net biodiversity gain because the policy has been ignored.”
Cllr Dave Robertson, Lichfield District Council
But Richard Sunter, an officer at the Lichfield District Council, told the meeting that such measures should be proportionate.
“The policy is what is says, but in reality there comes a point of when does that really apply?
“We end up with applications that are so minor that to ask for a biodiversity uplift is utterly disproportionate.”
Richard Sunter, Lichfield District Council
The meeting was told that the applicants of the two properties had now purchased the land from the successor to the company which originally built the estate.
Cllr Rob Birch, member for Boney Hay and Central ward, questioned whether any historical conditions had been placed on such areas given they were never just included in the gardens in the first place.
Mr Sunter replied:
“Unfortunately, the passage of time means we would not be able to find out what the intention would have been.
“Local authorities are now tighter on this sort of situation where little bits of land need to be tidied up – this case was a product of its time.”
Richard Sunter, Lichfield District Council
Councillors voted 9-1 in favour of approving the planning application, with the condition that bird boxes be erected by the homeowners in order to help mitigate the potential loss of biodiversity.
