Single storey rear extension
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Heritage & Conservation
Character & Appearance
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Inspector’s Reasoning
Appeal Decision
Site visit made on 8 February 2022
by Mr A Spencer-Peet BSc(Hons) PGDip.LP Solicitor (Non Practising)
an Inspector appointed by the Secretary of State
Decision date: 01 March 2022
Appeal Ref: APP/K1128/D/21/3282106
2 Erme Bridge Cottages, Totnes Road to School Road, Ermington PL21 9NN
• 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 Tony Hopwood against the decision of South Hams District
Council.
• The application Ref 0887/21/HHO, dated 9 March 2021, was refused by notice
dated 9 June 2021.
• The development proposed is a single storey rear extension.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue in this appeal is whether the proposed development would
preserve or enhance the character or appearance of the Ermington
Conservation Area (the Conservation Area).
Reasons
3. The appeal building is a two storey dwelling which is the middle cottage within
a terrace of three houses. The appeal site is located within the Conservation
Area, and I would concur with the findings of the Inspector in a recent appeal1
concerning this site, that this part of the Conservation Area plays an important
role in connecting the historic core of Ermington to its surrounding countryside
setting. The Conservation Area appraisal identifies the appeal dwelling, and its
neighbours forming the abovementioned terrace, as having a positive impact.
4. Whilst noting the extensions to the side of both end houses of the terrace, the
southern elevations of the cottages are of traditional design and consistent in
terms of the architectural features such as the prominent stone lintels
positioned over simple window openings. In my view, the formal appearance
and general consistency of the southern elevations of the terraced dwellings,
makes a positive contribution to the character and appearance of the
Conservation Area.
5. Whilst it is acknowledged that the southern elevation of the cottage is not
highly visible from within the surrounding area, the appeal scheme would be
visible from garden amenity spaces at the neighbouring properties, and which
are located within the Conservation Area.
1 Appeal Reference: APP/K1128/D/18/3215977
Appeal Decision APP/K1128/D/21/3282106
2
6. In accordance with the statutory duty set out in Section 72(1) of the Planning
(Listed Buildings and Conservation Areas) Act 1990, I have paid special
attention to the desirability of preserving or enhancing the character or
appearance of the Conservation Area in reaching this decision. Moreover,
paragraph 199 of the National Planning Policy Framework (July 2021) (the
Framework) states that when considering the impact of development on the
significance of a designated heritage asset, great weight should be given to the
asset’s conservation. Any harm to Designated Heritage Assets should require
clear and convincing justification in line with paragraph 200 of the Framework.
7. The scheme would comprise a single storey extension on the southern
elevation of the appeal dwelling. The extension would occupy almost the full
width of this elevation at the dwelling, and would be constructed in a variety of
materials to include a zinc roof finish, vertical timber cladding and steel framed
rooflights. The proposal would incorporate a slate roof finish to part of the
extension which would somewhat replicate the appearance of the porch
structure that exists on the southern elevation of the dwelling.
8. I acknowledge that great thought has been put into the design of the appeal
proposal. However, by reason of the complicated roof design to include flat and
sloping elements, and the use of materials that would be in stark contrast with
those used on the existing cottages, the proposed extension would dominate
the southern elevation, detracting from the simple traditional and uniform
appearance of the terrace of cottages which, individually and as a group,
contribute positively to the character and appearance of the Conservation Area.
Whilst I note that the design is intended to allow for architectural features such
as the abovementioned stone lintels to remain visible, the complicated design
and use of contrasting materials would draw the eye away from those features,
diminishing the positive contribution that those features make to the character
and appearance of the host dwelling and to the Conservation Area.
9. For these reasons, I find that the appeal scheme neither preserves nor
enhances the character or appearance of the Conservation Area. The affected
elevation of the host dwelling is not highly prominent in views from within the
wider surrounding area and the effects of the appeal scheme are relatively
localised. Within the terms of the Framework the harm arising may fairly be
described as less than substantial, and in my view relatively limited due to the
prominence of the southern elevation of the appeal dwelling in views from
within the wider surrounding Conservation Area.
10. Nevertheless, the proposal would fail to preserve the character or appearance
of the Conservation Area and less than substantial harm does not equate to
less than a substantial objection. Moreover, as noted above, the Framework
makes clear that any harm to the significance of a designated heritage asset
should require clear and convincing justification. Accordingly, and in line with
the provisions of paragraph 202 of the Framework, this harm should be
weighed against the public benefits of the scheme.
11. Whilst I sympathise with the Appellant’s wish to provide additional living space
at the appeal property and thereby provide optimum use for the Appellant and
his family, that benefit is essentially personal in nature. Nonetheless, I have
also considered that the proposed extension would provide some limited
economic benefits by providing employment opportunities during construction.
However, in my view, the benefits of the scheme as put to me by the Appellant
Appeal Decision APP/K1128/D/21/3282106
3
would not outweigh the identified harm that would be caused to the
Conservation Area, to which I attach great weight.
12. In relation to this main issue, for the reasons given above, I conclude that the
appeal proposal would be harmful to the character and appearance of the
Conservation Area. The appeal proposal would conflict with Policies DEV20 and
DEV21 of the Plymouth and South West Devon Joint Local Plan (March 2019)
which, together and amongst other matters, seek to ensure new development
contributes positively to townscape, and conserves and, where appropriate,
enhances the historic environment. Furthermore, the appeal scheme would fail
to accord with those paragraphs of the Framework which concern the
conservation and enhancement of the historic environment.
13. I acknowledge the Appellant’s submissions with regards to a certificate of
lawfulness for the siting of a caravan at the appeal site. Whilst the siting of
such a structure would also be likely to have an adverse impact on the
character and appearance of the Conservation Area, consistent with the
Inspector’s finding in relation to a second recent appeal2 at the site, such a
movable structure that was not attached to the host building would not have
the same degree of permanence and would not have the same lasting effect on
the dwelling which makes a positive contribution to the character and
appearance of the Conservation Area. I also acknowledge the time and money
which the Appellant has invested in the proposal to this point. However, while I
sympathise with those circumstances, they are not sufficient to outweigh the
harm which I have identified.
Conclusion
14. For the reasons given above I conclude that the appeal should be dismissed.
Mr A Spencer-Peet
INSPECTOR
2 Appeal Reference: APP/K1128/D/21/3271219
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