Proposed orangery extension
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Heritage & Conservation
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 September 2018
by D Guiver LLB (Hons) Solicitor
an Inspector appointed by the Secretary of State
Decision date: 10 October 2018
Appeal Ref: APP/N4720/D/18/3204870
6 Wells Mount, Guiseley, Leeds, West Yorkshire LS20 9AR
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 Miss L Rothera against the decision of Leeds City Council.
The application Ref 18/01304/FU, dated 17 February 2018, was refused by notice dated
20 April 2018.
The development is described as proposed orangery extension.
Decision
1. The appeal is dismissed.
Preliminary Issues
2. Since the date of the Council’s decision, the National Planning Policy
Framework 2018 (the Framework) has been published and has effect. Where
Policies are consistent, I am satisfied that neither party would be prejudiced by
my determining this decision in accordance with those Polices without seeking
further comments.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the host building and the Guiseley Conservation Area.
Reasons
4. The appeal site forms part of the Guiseley Conservation Area (the Conservation
Area). I am mindful of my statutory duty, arising under section 72(1) of the
Planning (Listed Buildings and Conservation Areas) Act 1990, to pay special
attention to the desirability of preserving or enhancing the character or
appearance of that area.
5. The appeal site comprises a back-to-back cottage located in a short block of six
or so dwellings, with the houses at either end being similar in size and design
to the appeal site. The block is one of four or so similar buildings constructed
of stone and erected perpendicular to Wells Road. While a number of buildings
in the area have small porches, the houses in the same elevation as the appeal
site reflect the prevailing appearance and are largely unadorned with small
front gardens as the principal amenity space. There is an additional area of
garden to the side of the appeal site. The appeal site has an approximately
1.8-metre high timber fence on two sides, though there are gaps between the
Appeal Decision APP/N4720/D/18/3204870
2
timbers that provide a restricted view of the front of the property. A third
boundary is delineated by a relatively low wall and sparse vegetation forming
the border with the garden to No. 4 Wells Mount.
6. The proposal is for the construction of a single-storey extension to the front of
the property enclosing the existing entrance. The structure would be built
largely of stone to match the host dwelling but would have a large window to
the front elevation and doors at either end. The extension would stretch across
roughly three quarters of the front elevation at ground-floor level and would
have a hipped, dual pitched glass roof. The extension would provide additional
living space at the appeal site.
7. However, the relatively small scale of the host dwelling would result in the
additional structure having a disproportionate impact on the appearance of the
host building and would be an incongruous addition to the area. The proposal
would cause unacceptable harm to the symmetry of the building which is an
important feature in the Conservation Area.
8. For the reasons set out above I conclude that the proposed development would
have a negative impact on the Conservation Area that would lead to less than
substantial harm. In accordance with paragraph 134 of the National Planning
Policy Framework (the Framework), I must weigh the harm against the public
benefits of the proposed development.
9. The appellant seeks additional space which would result in an improvement in
the living conditions of occupiers of the host building. Such an improvement is
an extremely modest benefit that would be insufficient to overcome the
harmful effect the proposal would have on the character and appearance of the
Conservation Area. The adverse impact would significantly and demonstrably
outweigh any benefits that might accrue from the provision of an additional
housing unit.
10. Therefore, insofar as they are relevant, the proposed development would be
contrary to Policies P10 and P11 of the Leeds Core Strategy 2014 and saved
Policies GP5 and BD6 of the Leeds Unitary Development Plan Review 2006 (the
UDP), which together seek to ensure that developments respect and enhance
existing buildings and the character and appearance of the area in which they
are situated. The proposal would also not accord with Policy N19 of the UDP
which seeks to ensure that developments preserve the character or appearance
of conservation areas.
Conclusion
11. Therefore, for the reasons given, and taking account of all other material
considerations, I conclude that the appeal should be dismissed.
D Guiver
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