Installation of external wall insulation to all elevations of the property in a neutral colour (white/ cream/ grey)
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Heritage & Conservation
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 7 November 2016
by Thomas Bristow BA MSc MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 01 December 2016
Appeal Ref: APP/X1118/D/16/3159340
10 Meridian Place, Ilfracombe EX34 9HH
The appeal is made under section 78 of the Town and Country Planning Act 1990 as
amended against a refusal to grant planning permission.
The appeal is made by Mr David Wood against the decision of North Devon District
Council.
The application Ref 61302, dated 1 June 2016, was refused by notice dated
12 August 2016.
The development proposed is described in the application form as the ‘installation of
external wall insulation to all elevations of the property in a neutral colour (white/
cream/ grey)’.
Decision
1. The appeal is allowed and planning permission is granted for the installation of
external wall insulation to all elevations of the property in a neutral colour
(white/ cream/ grey) at 10 Meridian Place, Ilfracombe EX34 9HH in accordance
with the terms of the application Ref 61302, dated 1 June 2016, subject to the
schedule of conditions in this decision.
Application for Costs
2. An application for costs was made by Mr David Wood against North Devon
District Council, which is the subject of a separate decision.
Procedural Matters
3. This appeal relates to similar development as proposed via appeal Ref
APP/X1118/D/16/3159325. These appeals are made by the same appellant,
the relevant properties are on opposite sides of the carriageway Meridian Place,
and both were refused permission for similar reasons.
4. Notwithstanding these commonalities, however, these appeals are separate
proposals and I have determined them with reference to their individual merits.
A judgement as to whether each proposal is acceptable is not reliant upon the
other.
5. The Council do not cite within their decision notice or elsewhere that the
proposal would conflict with policies within the emerging North Devon and
Torridge Local Plan. I have approached the appeal on this basis.
Appeal Decision APP/X1118/D/16/3159340
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Main Issue
6. The main issue is whether or not the proposal would preserve or enhance the
character or appearance of the Ilfracombe Conservation Area (the
‘Conservation Area’).
Reasons
7. No 10 is a modest terraced property of essentially traditional form which the
Council explains, and the appellant appears not to dispute, dates originally
from the nineteenth century. Although historic in origin, however, the property
does not readily appear as such in character.
8. The original walls of the property have been rendered with a modern textured
finish which is not of an historic vernacular, this texture resulting from what the
Council succinctly describes as ‘crude trowel marks’. Various cracks and visible
signs of water ingress are present.
9. The property hosts a wooden door and wooden windows, sills, and fascia
boards of traditional design. However these features do not appear to be
original but rather later additions, and were in a poor state of repair at the time
of my site visit. There is little architectural detailing to the property, potentially
obscured by render or more likely absent originally on account of the
understated original design of the property.
10. There is no information before me related to the planning considerations, if
any, that applied to latter modifications to the property. However there is no
indication that such works were undertaken without relevant consents, that
they represent anything other than ad-hoc incremental alterations to the
property over the course of time, or that they amount to deliberate neglect.
11. The building line of properties along Meridian Place is inconsistent. Some are
set-back from the carriageway, such as No 10 itself and Nos 9, 10 and 11 .
Others, such as Merridale,1 are located such that their front doors open directly
on to the carriageway , and there are incremental differences between the
foremost elevations of others.
12. The property is accessed via a narrow private carriageway which cuts
underneath properties facing the High Street. As a result, and as the property
is nestled within a close-knit residential environment, there are few public
vantage points other than along Meridian Place itself from which the property is
readily apparent. Consequently No 10 is not prominent within the
Conservation Area, and on account of its limited historic integrity contributes
neutrally to the character or appearance thereof at present.
13. Properties along Meridian Terrace share a common historic origin and represent
a more modest vernacular than the prevailing grander scale and fine detailing
of the Victorian properties more commonly found in the surrounding area (such
as those along surrounding Oxford Grove, Springfield Road, and Oxford Park).
1 Also referred to as Merrivale Cottage by the appellant in respect of appeal Ref APP/X1118/D/16/3159325.
Appeal Decision APP/X1118/D/16/3159340
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14. Saved policy DVS1 ‘Design’ of the North Devon Local Plan adopted originally in
2006 (the ‘Local Plan’) sets out that development will be permitted where it
complies with relevant design principles explained in supporting text. Of
particular relevance to this appeal is that development should integrate
appropriately in terms of design with the characteristics of its surroundings.
Whilst of some vintage saved policy DVS1 is broadly consistent with the
encouragement given within The National Planning Policy Framework (the
'Framework') to requiring good design.
15. Saved policy ENV16 sets out that development within a Conservation Area will
only be permitted where it preserves or enhances the character or appearance
of the area, which reflects the provisions of Section 72(1) of the Planning
(Listed Buildings and Conservation Areas) Act 1990. The National Planning
Policy Framework (the ‘Framework’) similarly sets out that great weight should
be given to the conservation of designated heritage assets, including
Conservation Areas, and that any harm that would result from proposed
development should be balanced against the public benefits that would arise.
16. The proposal is for the installation of external wall insulation and render which
would be of fine-grain texture and neutral colour.2 I understand that, following
discussion regarding removing the existing render to the property,3 that it is
intended that this would project approximately 70mm beyond that of the plane
of the elevations of the property at present. The appearance of the proposal is
illustrated on photomontages supporting the application,4 and associated
technical details are contained within the documentation before me.5 I
understand that it is intended that the proposal would also involve the
installation of new uPVC window sills and eaves coverings.
17. Visually the proposal would result in a more well-kept appearance to the
property by virtue of removing the existing compromised render and its
replacement with render of a fine-grain texture which is more consistent with a
simpler traditional style of render. Whilst timber window sills and fascia boards
would be replaced, I have identified above how these existing features do not
appear to be original and are in a poor state of repair. The installation of sound
alternatives would not notably detract from the character of the property by
virtue of their minimal form, notwithstanding their modern material. Given the
existing appearance of the property, the change resulting from the proposal as
a whole would not in my view materially detract from its appearance or
remaining historic integrity.
18. Clearly the proposal would result in the principle elevation of No 10 protruding
beyond that of adjoining No 9, albeit fractionally so. However the principle
elevation of adjoining No 11 is already slightly proud of the foremost element
of No 10, and as explained above there is little consistency in the building line
of properties along Meridian Place. The drainpipe which falls between Nos 9
and 10 would furthermore reduce the apparence of this difference in forward
projection, particularly as this is limited to 70mm rather than a greater extent,
2 As illustrated on an information sheet supporting the application prepared by E-On Energy Solutions.
3 As explained by the appellant in an email sent to the Council on his behalf dated 8 August 2016.
4 Prepared by Wetherby Building Systems Limited (referenced OL-16-0356_A and OL-16-0356_B).
5 A document entitled Context Statement, prepared by RCA Regeneration, Ref RCA082, dated June 2013, and a
further document prepared by Wetherby Building Systems Limited, Ref: S_15-17, dated 7 April 2015.
Appeal Decision APP/X1118/D/16/3159340
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the properties are set back from the carriageway, and No 10 is inevitably
viewed in conjunction with properties nearby which do not share a consistent
building line.
19. For the above reasons the proposal in my view would have a neutral effect
upon, and thus preserve, the character and appearance of the Conservation
Area. Consequently as demonstrable harm would not arise it is unnecessary to
consider the weight that can be accorded to the public benefits of the proposal.
I therefore find that the proposal complies with the relevant provisions of saved
policies DVS1 and ENV16 of the Local Plan and with relevant statutory
provisions and elements of the Framework.
Other Matters
20. I understand that No 2 Highfield Road has secured permission from the Council
for the installation of external wall insulation, Ref 58780. Although this
property falls relatively close-by, it is located in an area hosting more modern
and varied architecture at the fringe of the Conservation Area. As there is
limited information before me in respect of the planning considerations that
applied in respect of that proposal, and as all development must be considered
with reference to its particular merits, that permission is not directly
comparable to the circumstances in this case.
Conditions
21. It is necessary to require via condition that the development is carried out in
line with the relevant plans and documentation supporting the application for
the avoidance of doubt and in the interests of proper planning. It is further
necessary to specify that the external wall insulation shall not project further
than 70mm beyond the existing walls of the property, in order to avoid adverse
effects to the appearance of the property relative to its surroundings.
Conclusion
22. For the above reasons, and taking all other matters raised into account, I
conclude that the proposal accords with the development plan taken as a whole
and the approach in the Framework, and therefore allow the appeal.
Thomas Bristow
INSPECTOR
Appeal Decision APP/X1118/D/16/3159340
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SCHEDULE OF CONDITIONS
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following documents supporting application Ref 61302:
information sheet prepared by E-On Energy Solutions,
photomontages prepared by Wetherby Building Systems Limited
(referenced OL-16-0356_A and OL-16-0356_B) ,
Context Statement, prepared by RCA Regeneration, Ref RCA082,
dated June 2013,
Wetherby Building Systems Ltd: External Wall Insulation System &
Polymer Cement Renders, Ref: S_15-17, dated 7 April 2015.
3) The development hereby permitted shall extend no further than 70
millimetres beyond the plane of the relevant wall of the property as existing.
£
Costs decision section
Costs Decision
Site visit made on 7 November 2016
by Thomas Bristow BA MSc MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 01 December 2016
Costs application in relation to Appeal Ref: APP/X1118/D/16/3159340
10 Meridian Place, Ilfracombe EX34 9HH
The application is made under the Town and Country Planning Act 1990 as amended,
sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).
The application is made by Mr David Wood for a full award of costs against North Devon
District Council.
The appeal was against the refusal of planning permission for development described in
the application form as the ‘installation of external wall insulation to all elevations of the
property in a neutral colour (white/ cream/ grey)’.
Decision
1. The application for an award of costs is refused.
Reasons
2. Irrespective of the outcome of the appeal, the Planning Practice Guidance (the
‘Guidance’) sets out that costs may only be awarded against a party who has
behaved unreasonably and thereby caused the party applying for costs to incur
unnecessary or wasted expense in the appeal process.1
3. The appellant’s case for an award of costs is essentially that the Council failed
to act consistently in refusing permission for the development to which the
appeal relates whilst allowing similar development at No 2 Highfield Road which
is located nearby, and in so doing resulted in his occurring costs.
4. However, as identified in the appeal, there are material differences between No
2 Highfield Road and No 10 Meridian Place, notably in the nature of the
surrounding built environment. Moreover matters of character and appearance
are reliant upon planning judgement based on the nature of the development
proposed and its surrounding context on a case-by-case basis.
5. Whilst I arrived at a different position from the Council in respect of the merits
of the proposal, the Council clearly explained within their officer report
associated with the application the various site-specific factors that led them to
refuse permission based on the particular merits of the proposal. In this
context it cannot therefore be said that they acted unreasonable in this
respect.
1 Reference ID: 16-030-20140306.
Costs Decision APP/X1118/D/16/3159340
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6. Furthermore the appellant avers that the external wall insulation proposed, the
development to which the appeal relates, would have benefitted from grant
funding amounting to £6149.53 it if had been installed before 30 September
2016. As such the appellant seeks recompense for this amount. However
there is nothing within the associated Energy Plan Quotation and Agreement
relating to the termination of funding for this work, but rather to the duration
of validity of the quote for the works proposed.2
7. Nevertheless, and even if grant funding for the development proposed expired
on 30 September 2016, costs may only be claimed in relation to the appeal
process, and cannot extend to compensation for indirect losses such as those
resulting from delay at application stage.3 As such the costs which the
appellant has identified in this context cannot be claimed for.
8. For the above reasons I am not of the view that unreasonable behaviour
resulting in unnecessary expense has been demonstrated. I therefore conclude
with reference to the approach in the Guidance that an award of costs is not
justified in this instance.
Thomas Bristow
INSPECTOR
2 Energy Plan Quotation and Agreement, prepared by E.On Energy Solutions, reference 6488/51145818, dated 17
November 2015.
3 Guidance Reference ID: 16-033-20140306.
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