Proposed demolition of existing attached single storey building and part catslide roof and erection of one and a half storey side extension with front dormer
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Character & Appearance
Heritage & Conservation
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 3 October 2017
by R J Jackson BA MPhil DMS MRTPI MCMI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 26 October 2017
Appeal Ref: APP/X0360/D/17/3181958
Charfield Cottage, Charvil Lane, Sonning RG4 6Th
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by Mr M Melton against the decision of Wokingham Borough
Council.
The application Ref 170895, dated 23 March 2017, was refused by notice dated 22 May
2017.
The development proposed is proposed demolition of existing attached single storey
building and part catslide roof and erection of one and a half storey side extension with
front dormer.
Decision
1. The appeal is dismissed.
Procedural matter
2. The application was refused for three reasons. One related to the effect on
protected species, bats. With the grounds of appeal the appellant submitted a
letter from an environmental consultancy who had undertaken an inspection of
the property. This showed at the time of the survey that a single long-eared
bat was recorded, seen to emerge and re-enter. It was therefore concluded
that the property is a day roost used by individual brown long-eared bats and
possibly a single bat and not an important roost (such as a maternity roost).
3. The report concluded that proportional mitigation measures can be
incorporated into the development to ensure that favourable conservation
status can be maintained and this achieved by the imposition of a condition.
4. The Council was given the opportunity to respond to this additional information
and indicated, subject to the imposition of a condition, “there is no longer a
valid reason for refusal on ecology grounds”. Consequently, I will not take this
issue further.
Main Issues
5. In light of the above, the main issues are:
the effect on the character and appearance of the building and area; and
whether the proposal makes appropriate provision in respect of the
adjoining Scheduled Ancient Monument (SAM).
Appeal Decision APP/X0360/D/17/3181958
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Reasons
Character and appearance
6. The appeal property is located at the western end of a small enclave of
dwellings on the south side of Charvil Lane. The properties are well separated
set among a number of mature trees giving the immediate area a sylvan feel.
To the west and south are open fields which allow medium distance views of
the property from the south and southwest from the A4 and the footway/
cycleway that runs alongside.
7. The dwelling is set back from Charvil Lane at a slightly higher level than the
highway. It is a detached two storey dwelling, with a large catslide roof
extending down on the eastern side so that this element is only single storey.
There is a detached double garage in front of this single storey element.
8. The proposal is to demolish the single storey side element and construct what
is described as a one and a half storey element. However this is a misnomer in
that while the front elevation has its eaves between ground and first floors and
there is a dormer window in the roof plane, the rear elevation is a full two
storeys. The ridge of the dwelling is only slightly set down from the ridge of
the existing roof; the documentation indicates this set down would be 0.15 m.
There would also be a chimney which would rise above the ridge and be higher
than an existing chimney on the west elevation.
9. The Council has referred to its Borough Design Guide Supplementary Planning
Document June 2012 (the SPD). It is indicated that the SPD was adopted
following public consultation with a number of key objectives including to
promote good design and to respect and be sympathetic to the character of the
area in which the development is situated. As these principles are in
accordance with paragraphs 17 and 58 of the National Planning Policy
Framework (the Framework), which seek high quality design responding to
local character and history, I am able to give the SPD significant weight.
10. The SPD in its section on alterations and extensions to existing dwellings
indicates that “alterations or extensions should be clearly subservient to the
form and scale or [sic of?] the original building in most situations, although
there may be exceptions where it is more appropriate to design a seamless
continuation” and “the roof form of the extension should take its form from the
main building. In certain circumstances contrast may be desirable, as for
instance where there is an opportunity for green roofs, solar panels or solar
water heating.”
11. The main wing of the property runs from front to back with the large catslide
roof to one side giving the current building an asymmetric appearance. This is
partially hidden from Charvil Lane by the garage and the hedgerow along this
front boundary. While the rear elevation would even up the rear elevation of
the property, on the front there would be a number of different elements that
would not resolve satisfactorily. In particular there is an existing one and a
half storey asymmetric gable element and the junction of this with the new roof
pitch would be extremely awkward. The eaves for the new element would not
tie into any existing feature and would add to the confusion of different eaves
lines.
Appeal Decision APP/X0360/D/17/3181958
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12. In addition the proposed ridge is not set down by a significant amount from the
existing one, with the proposed chimney acting in counterpoint so that the roof
appears taller than it actually is. This means that it would appear bulky and
would not be subservient to the existing dwelling and thus would be contrary to
the guidance in the SPD, represent poor design and be harmful to the
appearance of the existing property and thus the character and appearance of
the immediate area around the dwelling. No special or specific circumstance
has been put forward as to why a contrast may be desirable other than the
design of the building is currently asymmetric. Of itself this is not sufficient to
outweigh the harms set out above.
13. When viewed from the south and southwest the proposal would only be able to
be seen from over the fields for a short distance along the A4 as the existing
main wing of the house would obscure the extension from one side and the
mature trees from the other. This means that the effect of the proposal would
not be harmful to the character and appearance of the wider area.
14. However, the design of the proposal would be harmful to the character and
appearance of the existing property. As such it would be contrary to Policies
CP1, CP3 and CP11 of the Wokingham Borough Local Development Framework
Adopted Core Strategy Development Plan Document January 2010 (the CS).
These policies require development to maintain or enhance the high quality of
the environment, to be of an appropriate built form, and not to result in an
inappropriate increase in the scale of the original building. It would also be
contrary to the SPD as set out above. Finally, it would be contrary to
paragraphs 17, 58 and 64 of the Framework as set above and which indicates
that permission should be refused for development of poor design.
Archaeology
15. The Council indicates that the site is located next to a substantial area of
cropmarks which are a Scheduled Ancient Monument (SAM 176) and this has
not been disputed by the appellant. All SAMs are designated heritage assets
under the terms of the Framework. I have not been provided with any further
details of the SAM or its extent and thus must work on a precautionary basis.
This is because SAMs are by definition of national importance and paragraph
132 of the Framework states that great weight should be given to the
conservation of such monuments. This paragraph goes on to state that
significance can be harmed or lost through alteration or destruction of the
heritage asset or development within its setting. The significance of the SAM
can be defined by its age, survival and condition but I have no information as
to what this may be.
16. The Council report states that no development should be allowed until an
archaeological work programme has been implemented in accordance with a
written scheme for investigation. Consequently, the appellant indicates that
this matter could be resolved through the use of an appropriately worded
planning condition.
17. Advice on the use of conditions is given in paragraph 206 of the Framework
and the relevant section of the national Planning Practice Guidance. Among the
tests for condition is that any condition should be precise and be reasonable, in
the sense that it should not put a disproportionate burden on an applicant1.
1 Key Questions table referred to in Reference ID: 21a-004-20140306
Appeal Decision APP/X0360/D/17/3181958
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The difficulty is that without information as to the extent and nature of the SAM
beyond the generalised description of “cropmarks”, I cannot be sure that such
a condition would meet these tests. For example, I do not know what works, if
any, may be required to the SAM and thus whether they would be
proportionate to the proposal, or precisely what may be involved.
18. Without this information I cannot be sure what effect the development may
have on the designated heritage asset, and thus the degree of harm, if any. I
am therefore am unable to weigh the benefits of the proposal in line with the
advice in paragraphs 132, 133 and 134 of the Framework.
19. As such it is not possible to determine that the proposal would not be harmful
to archaeology. As such it would be contrary to Policies TB24 and TB25 of the
Wokingham Borough Development Plan Adopted Managing Development
Delivery Local Plan (February 2014) which indicate that it should be
demonstrated that the proposals would at least conserve, and where possible
enhance the important character and special historic interest of the monument
and that the presumption that appropriate measures will be taken to protect
remains in situ. It would also be contrary to the Framework as set out above.
Conclusion
20. For the reasons given above I conclude that the appeal should be dismissed.
R J Jackson
INSPECTOR
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