Proposed rear and front dormer extensions
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Heritage & Conservation
Extensions
Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 December 2017
by Darren Hendley BA(Hons) MA MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 9th January 2018
Appeal Ref: APP/W4223/D/17/3184239
84 Stockport Road, Lydgate OL4 4JL
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 Mark Bagnall against the decision of Oldham Metropolitan
Borough Council.
The application Ref HH/340339/17, dated 7 June 2017, was refused by notice dated
4 August 2017.
The development is proposed rear and front dormer extensions.
Decision
1. The appeal is allowed and planning permission is granted for proposed rear and
front dormer extensions at 84 Stockport Road, Lydgate OL4 4JL in accordance
with the terms of the application, Ref HH/340339/17, dated 7 June 2017,
subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: Site Location Plan dated 07/06/2017
13:56:38, Existing Plans/Elevations - C8959 dated 07/06/2017 14:18:36
and Proposed Plans/Elevations - C8959 dated 07/06/2017 14:19:13.
3) The materials to be used in the construction of the external surfaces of
the walls of the development hereby permitted shall match the tiles used
on the existing external surfaces of the roof slopes.
Procedural Matters
2. The description of development in the heading above has been taken from the
planning application form. However, in Part E of the appeal form it is stated
that the description of development has not changed but, nevertheless, a
different wording has been entered. Neither of the main parties has provided
written confirmation that a revised description of development has been
agreed. Accordingly, I have used the one given on the original application.
3. The Council confirmed during the course of the appeal that the site does not lie
within the Lydgate Conservation Area. The site does, though, lie directly
adjacent to the boundary and I have considered the appeal on this basis.
Appeal Decision APP/W4223/D/17/3184239
2
Main Issues
4. The main issues are the effect of the proposed dormers on the setting of the
Conservation Area, and whether they would preserve the setting of the grade II
listed building at 93 and 95 Stockport Road.
Reasons
Setting of the Conservation Area
5. The appeal property comprises a 3 storey dwelling, with the third level formed
in the roof space utilising white UPVC clad dormer windows that are found on
both the front and rear roof slopes. The roof slopes themselves are
constructed of tiles, with a considerably darker external finish. The property is
set back, with its levels also substantially less than the road, so it appears that
it is one storey less in height. It is found at the end of a short terrace of three
properties which are of similar form and are noticeably more recent in
appearance compared to most other properties in their vicinity. A low stone
wall is maintained to their frontages. To the south is a further terrace of a
more traditional design that is set closer to the road.
6. The property is also well set in from its side boundary to the north of the site
with a side road, which forms the Conservation Area boundary. From my site
visit, I observed the significance of the Conservation Area is derived principally
from traditional stone buildings of varying size that are often positioned close
to their site frontages, or alternatively present prominent stone boundary walls.
This built form of the village is also inter-dispersed with open land, which
allows elevated views through to the countryside beyond.
7. The proposed dormers would use tiles on their walls to match the existing roof,
and so although they would cover more of the roof planes and extend closer to
the eaves levels, their appearance would be appreciably more in keeping with
the existing property than the materials of the existing dormers. They would
maintain a gap between their flat roofs and the main ridgeline on the roof, and
so they would remain distinctive from the overall height of the property. With
the proposed materials and their proportions, they would also not unduly
detract from the appearance of the terrace.
8. The first building in the Conservation Area on the same side of the road as the
appeal property is set forward on its plot. This would have the effect of
screening the proposed dormers, so they would not come clearly into view on
Stockport Road from the north until the Conservation Area boundary is nearly
reached. With regard to views back into the Conservation Area, this would be
similarly limited, because the property is set back compared to the terrace to
the south. As the property is set in from its side boundary, the views from the
side road would also not be prominent. As such, I find the proposed dormers,
with their siting on a property which is unobtrusive in its location, together with
the use of tiles to match the existing roof, would not be conspicuous in views
from, or into, the Conservation Area.
9. The properties which are contained within the Conservation Area are also
markedly different in form to the appeal property. Where there is a degree of
similarity, this concerns the stone form of the front boundary wall, although
this would be unaffected. The view from the Conservation Area into the
Appeal Decision APP/W4223/D/17/3184239
3
countryside over open areas of land would also be unaffected. The proposed
dormers would not harm the significance of the Conservation Area.
10. I conclude the proposed dormers would have an acceptable effect on the
setting of the Conservation Area. Therefore, they would comply with Policy 20
and, in this regard with, Policy 24 of the Oldham Local Development
Framework Development Plan Document – Joint Core Strategy and
Development Management Policies (2011) (DPD) which require development to
preserve the setting of a conservation area, including views in or out, and for
development to reflect local character. In respect of paragraphs 132 to 134 of
the National Planning Policy Framework, as I do not find that harm would occur
to the significance of a designated heritage asset, there is not a requirement to
weigh this against the public benefits.
Setting of the Listed Building
11. Nos 93 and 95 is a substantial building dating from the early 19th century which
is constructed of stone with a stone slate roof. Its special interest largely
arises from its prominence and this accentuated by its separation from other
buildings in the village by the proximity of the open land around it and the road
in front. The appeal property lies on the opposite side of the road, although it
does not face the listed building itself, but is positioned at an angle to it.
12. The proposed dormers would be distinct and clearly separated from the listed
building. They would not interrupt the size and scale of the building, as they
would appear as a minor alteration on a property of a significantly more
modest scale. The building would remain prominent in view and this would be
undiminished by the proposed dormers, due to their siting and form.
13. Consequently, I find that the proposed dormers would preserve the setting of
the listed building and accord with the statutory duty under Section 66 (1) of
the Planning (Listed Buildings and Conservation Areas) Act 1990. Similarly,
they would also comply, in this regard, with Policy 24 of the DPD as they would
serve to preserve or enhance the building’s special interest and its setting.
Other Matters
14. The site also lies in the Green Belt. The Council considered that the proposed
dormers would not result in a disproportionate addition over and above the size
of the original building, and, therefore, would not constitute inappropriate
development. I see no reasons to disagree, given that they represent a
relatively modest extension and alteration.
Conditions
15. In addition to the standard time limit condition (1), I have imposed conditions
in the interest of certainty (2) and to safeguard the character and appearance
of the building and the area through the use of matching materials to the
existing roof (3).
Conclusion
16. For the reasons set out above, I conclude the appeal should be allowed.
Darren Hendley
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.