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/16/3159325
Merrivale Cottage, 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 61235, dated 16 May 2015, was refused by notice dated
27 July 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 dismissed.
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. Although I have used the address given in the application form, Merrivale
Cottage was signed on the door to the property as ‘Merridale’. In the light of
this ambiguity I have simply referred to the ‘host property’ in this decision,
being that to which the relevant plans and documentation supporting
application Ref 61235 relate.
4. This appeal relates to similar development as proposed via appeal Ref
APP/X1118/D/16/3159340. 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.
5. 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.
6. The Council do not cite within their decision notice or elsewhere that the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/16/3159325
2
Main Issue
7. 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
8. The host property is a modest semi-detached property which the Council
explains, and the appellant appears not to dispute, dates originally from the
nineteenth century. This accounts for the accentuated brick arches around
certain doors and windows, some of which appeared to me to be historic in
origin, and for the presence of decorative brick corbels under the eaves of the
property. These features reflect the detailing present on other properties
nearby, and contribute to the historic character and appearance of the property
and the Conservation Area.
9. However the architectural integrity of the property has been compromised by
the rendering of its walls with a modern textured finish which is not of an
historic vernacular, this texture resulting from what the Council describes as
‘crude trowel marks’. In several places this render is blown or cracked. Whilst
wooden and of traditional style, neither the windows nor doors of the property
are original features, but rather latter additions.
10. There is no information before me related to the planning considerations, if
any, that applied to latter modifications to the property. However th ere 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. Although the host property and its adjoining neighbour open directly onto the
carriageway Meridian Place, the building line of properties nearby is
inconsistent. Some are set-back significantly from the carriageway such as Nos
9, 10 and 11, and there are incremental differe nces 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 street, there are few public vantage
points other than along Mer idian Place itself from which the property is readily
apparent. Consequently the property is not prominent within the Conservation
Area, and on account of its qualified historic integrity contributes only to a
limited extent to the historic character and appearance thereof.
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).
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
Appeal Decision APP/X1118/D/16/3159325
3
appropriately in terms of design with the characteristics of its surroundings.
Whilst of some vintage saved policy DVS1 is broadly consistent with t he
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.
16. The proposal is for the installation of external wall insulation and render which
would be of fine-grain texture and neutral colour.1 Unlike in respect of appeal
Ref APP/X1118/D/16/3159340 it does not appear that it is proposed to remove
the existing render from the property, meaning that the insulation would
project approximately 100 millimetres beyond that of existing elevations. The
appearance of the proposal is illustrated on photomontages supporting the
application,2 and associated technical details are contained within the
documentation before me.3
17. Such insulation would efface some of the historic detailing of the property, with
the photomontages referenced above showing that the decorative corbels
would be lost. It also seems to me that, although the photomontages show
brick arches as preserved, that this would be unfeasible with a 100 millimetre
depth of external wall insulation, or indeed with a lesser depth insulation, given
that such features are flush with, or only slightly proud of, the current plane of
the property’s walls.4
18. Although the external wall insulation may not cover these decorative features
directly it would nevertheless result in their appearing sunken within the form
of the walls which would appear awkward, unconventional and out-of-keeping
with an historic vernacular. I understand that the proposal would also involve
likely involve the installation of new uPVC window sills and eaves coverings.
19. Whilst there is an inconsistent building line to properties nearby, it is relevant
to note that the front elevation of the host property is hard up against Meridian
Place. External wall insulation here but not to the neighbouring property would
consequently be very noticeable, whereas elsewhere may be acceptable, and
would serve to disrupt the symmetry of the property and its adjoining
neighbour, notwithstanding the presence of downpipes and an electrical cable
which fall between the two.
20. For the above reasons the proposal would be detrimental to the historic
appearance of the host property in itself, the symmetry between it and its
neighbour, and in turn result in harm to the character and appearance of the
Conservation Area. However on account of the moderate contribution made by
the host dwelling to the Conservation Area by virtue of its present state and
surrounding context, this harm is less than substantial and essentially confined
to the immediate area around the host property.
1 As illustrated on an information sheet supporting the application prepared by E-On Energy Solutions.
2 Prepared by Wetherby Building Systems Limited (referenced OL-16-0357-A, OL-16-0357-B, OL-16-0357-C, OL-
16-0357-D, and OL-16-0357-E).
3 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.
4 The appellant appears not to specifically dispute the reference to a 100 millimetre insulation depth given within
the Council’s officer report.
Appeal Decision APP/X1118/D/16/3159325
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21. The National Planning Policy Framework (the ‘Framework’) 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. I turn to these benefits now.
22. The overlaying of existing render with that of a fine-grain texture would in
some respects be beneficial to the appearance of the property, as this is more
consistent with a simpler traditional style of render than is currently present
and would rectify defects with the existing render that detract from its
appearance. However this would be at the expense of the historic integrity of
the host property for the reasons given above, and there is no indication in the
information before me that these defects in character and soundness of the
existing render are reliant on the proposal before me as opposed to other
approaches. As such this benefit carries very little weight.
23. I also acknowledge that the proposal would clearly be of benefit to the
occupants of the property in providing a more energy efficient property and
indeed by rectifying structural defects with existing render. However these are
chiefly personal benefits whereas the harm would be public, and there is no
indication before me that the inherent continued domestic use of the property
would be compromised by the absence of such development. As such I
similarly accord this benefit only very little weight.
24. Although the proposal would result in limited less than substantial harm to the
Conservation Area, this is not outweighed by the benefits of the proposal which
can only be accorded very little weight. For these reasons I therefore conclude
that the proposal would fail to preserve or enhance the character appearance of
the Conservation Area and that it would conflict with the relevant provisions of
saved policies DVS1 and ENV16 of the Local Plan and with relevant elements of
the Framework.
Other Matters
25. 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. The railway
cottages, a photograph of which has been provided by the appellant, are not
within the vicinity of the appeal site. There is furthermore limited information
before me in respect of the planning considerations that applied in respect of
those cases, and in any event each proposal must be considered on its
particular merits.
26. The appellant contends that the external wall insulation proposed, being
backed by grant funding, would inevitably result in visible change to properties.
However not all properties are similarly sensitive to change as the host
property in this case, and the presence of such funding does not obviate the
need to secure necessary consents including planning permission.
27. I appreciate that several properties nearby have been variously altered and
amended in the course of time. However the presence of modern alterations
nearby does not justify development that would be detrimental in the present,
and indeed serves to accord some importance to preserving that historic
Appeal Decision APP/X1118/D/16/3159325
5
integrity which remains. I also appreciate that the Town Council have not
objected to the proposal, however this does not alter the conflict that I have
identified with the development plan and the Framework above or diminish the
harm that would arise.
28. I permitted external wall insulation at No 10 Meridian Place via appeal Ref
APP/X1118/D/16/3159340. Despite being on opposite sides of the carriageway
it is worthwhile explaining here there are clear differences in these c ases,
notably in relation to the historic in tegrity of the relevant properties and the
visual prominence of the development proposed. As such neither that appeal,
nor any other matter, is of sufficient significance to outweigh my findin g in
respect of the main issue in this case.
Conclusion
29. For the above reasons, and taking all other matters raised into account, I
conclude that the proposal conflicts with the development plan taken as a
whole and the approach in the Framework, and therefore dismiss the appeal.
Thomas Bristow
INSPECTOR
£
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/16/3159325
Merrivale Cottage, 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. 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 unreasonably in this respect, and indeed I
arrived at the same conclusion in determining the appeal.
6. Furthermore the appellant avers that the external wall insulation proposed, the
development to which the appeal relates, would have benefitted from grant
1 Reference ID: 16-030-20140306.
Costs Decision APP/X1118/D/16/3159325
2
funding amounting to £7000 it if had been installed before 30 September 2016.
As such the appellant seeks recompense for this amount.
7. However there is nothing with the associated Notice of approval of application
for pioneer places grant,2 to indicate that 30 September 2016 marks the end of
funding availability for the development proposed, but rather this indicates that
if works are likely to go on beyond this date to ‘tell the Council, as soon as
possible, if you think you will need to ask for an extension’.
8. There is furthermore correspondence from the Council dated 12 February 2016
before me which sets out that if works are not completed by this date that the
Council ‘may have to reconsider our approval of your grant’, not that the grant
will automatically be withdrawn.
9. 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.
10. 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 Ref PP/201500003 approved on 12 February 2016.
3 Guidance Reference ID: 16-033-20140306.
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