For a two-storey extension with the double garage attached to provide utility area, dining room & 2 no. bedrooms
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Heritage & Conservation
Character & Appearance
Ecology & Biodiversity
Inspector’s Reasoning
Appeal Decision
Site visit made on 14 March 2022
by Gareth W Thomas BSc(Hons) MSc(Dist) DMS MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22ND March 2022
Appeal Ref: APP/L3245/D/22/3290596
Meadow Bank Farm, Bryn-Y-Cochin, Criftins, Ellesmere SY12 9LW
• 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 Donovan against the decision of Shropshire Council.
• The application Ref 21/00071/FUL, dated 5 January 2021, was refused by notice dated
21 October 2021.
• The development proposed is for a two-storey extension with the double garage
attached to provide utility area, dining room & 2 no. bedrooms.
Decision
1. The appeal is allowed and planning permission is granted for the erection of a
two-storey extension to provide utility area, dining room & 2 no. bedrooms at
Meadow Bank Farm, Ellesmere SY12 9LW in accordance with the terms of the
application, Ref 21/00071/FUL, dated 5 January 2021, subject to the following
condition:
The development hereby permitted shall be carried out in accordance with the
following approved plans: 2002.02; 2002.03 Rev B; Revised Location Plan;
only.
Preliminary Matters
2. A number of plan revisions accompanied the appeal documentation. The officer
report states that the double garage was removed from the planning
application before it was determined. When carrying out my site visit, it
appears that the remaining element comprising the two-storey extension has
been carried out in advance of any consent. I have considered the appeal on
the basis of the proposal for a two-storey extension only.
Main Issues
3. The main issues in this appeal are firstly, the effects of the extension on the
character and appearance of the host property, a locally designated heritage
asset and wider area; and secondly, whether the appeal scheme should be the
subject of an ecological appraisal and if so, the effects of the proposed
development on wildlife interests.
Reasons
Character and appearance
4. The appeal property lies in a fairly exposed hillside location within the
countryside; although it is prominent in the immediate local scene, the
Appeal Decision APP/L3245/D/22/3290596
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topographical undulations and woodland coverage surrounding the hamlet of
Criftins means that the property is not highly visible from the public domain.
5. The Council confirms that the appeal site is included within the Shropshire GIS
Mapping as potentially having historic merit as a non-designated heritage
asset, which carries with it a requirement for a Heritage Impact Assessment to
be carried out that identifies the significance of the building in historic and
architectural terms, including its setting and whether any development would
result in harm to that significance. I note that the appellant maintains that as
the two-storey extension is attached to the 1994 extension, it would not
involve any diminution of its significance. From what I saw, the extension as
built lies within a paddock and away from the historic farm grouping.
6. The significance of this non-designated heritage asset lies in the simple form of
this once farm worker’s cottage and its setting comprising a modest complex of
traditional red brick buildings set close to one another to the rear of the
cottage. In my view, it is the arrangement of this complex of buildings that
has the greatest importance; the extended cottage and the alterations that
have previously been carried out results in the cottage itself having limited
heritage significance.
7. I do not accept the contention that the appeal development is either
disproportionate or amounts to the overdevelopment of the property or site.
Neither do I accept that the extension is out of context and character in
relation to the existing dwelling. Although the extension as built is somewhat
bulky, its ‘L’ shape arrangement helps to contain the visual effect of what is
now an enlarged building, when seen either from afar or from the nearest point
along the public highway. Moreover, its height and use of appropriate
materials to the local area results in an acceptable appearance that promotes
and reinforces local distinctiveness.
8. In my judgement, I would conclude that the significance of the non-designated
heritage asset derived primarily from its history as a cluster of modest
traditional agricultural buildings grouped around the farmstead has not been
harmed by the appeal extension. The design and use of materials appropriate
to the locality has resulted in the introduction of an interesting building which
has effectively replaced an unprepossessing one, which in turn has enhanced
the character and appearance of the area.
9. As such it satisfies Policies CS5, CS6 and CS17 of the Shropshire Core Strategy
(SCS) and Policies MD2, MD7a of the Shropshire Council Site Allocations and
Management of Development Plan (SAMDev), SPD Type and Affordability of
Housing, which collectively and amongst a plethora of matters seek to ensure
that heritage assets of the County are protected through avoidance of loss of
heritage significance whilst ensuring that new development is appropriate in
scale and design having regard to local character.
Nature conservation
10. The Council argues that the householder development application should have
been accompanied by an ecological appraisal although does not specify why or
how such a modest proposal would be likely to have a potentially significant
adverse effect directly, indirectly or cumulatively on any of the environments
identified in Policy MD12 of SAMDev. There is no substantiated evidence that
the development as built would affect, let alone harm, the nature conservation
Appeal Decision APP/L3245/D/22/3290596
3
interest of any designated area or local habitat, nor do I consider that it has.
Conditions could have been attached that nature conservation interests are
protected and enhanced. However, the Council instead has suggested the
submission of a full ecological appraisal, which is wholly disproportionate in my
view.
11. Accordingly, the appeal proposal satisfies rather than conflicts with the relevant
development plan policies, specifically Policy CS17 of the SCS and policy MD12
of the SAMDev as well as the National Planning Policy Framework. These
policies, inter alia seek to prevent development from having significant
unacceptable effects on wildlife habitats whilst encouraging its conservation
and enhancement.
Conditions
12. A condition is attached specifying approved plans in the interests of providing
certainty. I do not consider the need for either a heritage assessment or an
ecological appraisal as suggested by the Council given the above.
Conclusion
13. For the reasons stated, I conclude that this appeal be allowed.
Gareth W Thomas
INSPECTOR
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