Extension of new two storey extension to main house
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Heritage & Conservation
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 October 2018
by R J Maile BSc FRICS
an Inspector appointed by the Secretary of State
Decision date: 2 November 2018
Appeal Ref: APP/C1435/D/18/3209253
Ruggles Farm, Bicycle Arms Road, High Cross, Rotherfield, East Sussex,
TN6 3QE.
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 Julian Leefe-Griffiths against the decision of Wealden District
Council.
The application ref: WD/2018/0849/F, dated 16 April 2018, was refused by notice dated
14 June 2018.
The development proposed is “Extension of new two storey extension to main house.”
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this case are:
a) The effect of the proposed extension upon the character and appearance of
the host building and that of the surrounding area.
b) The impact of the development upon the setting of the neighbouring Grade
II listed building (Old Thatch).
Reasons
a) Effect upon character and appearance.
3. Ruggles Farm comprises a large detached property of traditional construction,
being one of three dwellings that are approached by means of a private drive
off Bicycle Arms Road. The three houses are located within open countryside
forming part of the High Weald Area of Outstanding Natural Beauty (‘AONB’).
There is a public right of way to the rear of the dwelling.
4. I note that planning permission was granted on 5 August 2013 for a similarly
sited two storey extension that included full-height glazing at ground and first
floor levels (ref: WD/2013/0997/F). However, that planning permission has
lapsed, as confirmed in the Officer’s Report.
5. National policy at Chapter 12 of the Framework1 seeks to ensure that develop-
ments are visually attractive and sympathetic to local character and history,
1 The National Planning Policy Framework (July 2018).
Appeal Decision APP/C1435/D/18/3209253
2
including the surrounding built environment and landscape setting (paragraph
127). Chapter 15 requires planning policies and decisions to contribute to and
enhance the natural and local environment through, amongst other matters,
protecting and enhancing valued landscapes. Paragraph 172, which refers to
development within AONBs, requires that great weight should be given to
conserving and enhancing the landscape and scenic beauty of such areas.
6. Given the form and materials of the two storey extension paragraph 127 c) of
the Framework is of particular relevance. It states that planning policies and
decisions should ensure that developments are sympathetic to local character
and history, while not preventing or discouraging appropriate innovation or
change. Paragraph 131 also requires great weight to be given to outstanding
or innovative designs which promote high levels of sustainability, or help raise
the standard of design more generally in an area, so long as they fit in with
the overall form and layout of their surroundings.
7. “Saved” Policy EN6 of the Local Plan2 requires development within the High
Weald AONB to conserve or enhance the natural beauty and character of the
landscape. “Saved” Policy EN27 states that the scale, form, site coverage
and design of the development and the use of materials should respect the
character of adjoining development and, where appropriate, promote local
distinctiveness. The design, materials and landscaping should be of an
appropriate high standard. Similarly, proposals for alterations to existing
dwellings should normally be of an appropriate size and character relative to
the original dwelling (“saved” Policy DC19).
8. In line with national policy at Chapter 2 of the Framework, Policy WCS14 of
the adopted Core Strategy3 sets out the presumption in favour of sustainable
development. It confirms that planning applications which accord with the
policies in the Local Plan will be approved without delay, unless material
considerations indicate otherwise.
9. The original building has been the subject of earlier extensions that have been
designed to reflect the property, which once formed part of Holme Park.
Likewise, the recent planning permission dated 5 August 2013 involved a
design solution that respected the form and materials of the original, whilst
benefiting from the southerly aspect of the southwest elevation.
10. The current scheme adopts an innovative approach in terms of its design and
choice of materials, neither of which would directly respond to the character
and appearance of the host building.
11. The proposed extension would be screened in public views from the designated
landscape by a 3m high wall to the rear of the property. I have also noted the
arguments advanced on behalf of the appellant that Government policy in the
Framework supports innovation in terms of design issues. Nevertheless, it is
equally clear from the wording of paragraph 131 that development proposals
should fit in with the overall form and layout of their surroundings.
12. Whilst such an innovative approach may be acceptable in certain circumstances
I conclude that the proposed extension, by reason of its contemporary design
2 The Wealden Local Plan (adopted December 1998).
3 The Wealden District (Incorporating Part of the South Downs National Park) Core Strategy Local Plan (adopted
February 2013).
Appeal Decision APP/C1435/D/18/3209253
3
and use of non-matching materials, would fail to respect or fit in with the form
of the host dwelling.
13. I have been referred in the grounds of appeal to a development at The Walled
Garden, Argos Hill, Rotherfield, where modern designs were approved by the
Council. However, that proposal related to individual, new build houses rather
than an extension to a traditional building, as is the case here.
14. Accordingly, I find upon the first main issue that development as proposed
would harm to the character and appearance of the host building, contrary to
national policy at paragraph 127 of the Framework and “saved” Policies EN27
and DC19 of the Local Plan. That harm would significantly and demonstrably
outweigh the benefits of permitting such an innovative extension.
b) Impact upon setting of listed building.
15. The property abuts Old Thatch, which is a Grade II listed building. I have been
provided with a copy of the listing of the property, which formerly comprised
two cottages from the 16th Century or earlier. Alterations made during the 19th
Century have been undertaken in Flemish bond brickwork to reflect the form of
the original.
16. Given that Old Thatch immediately abuts the appeal site to the north, I have
considered the proposal by reference to the statutory duty imposed upon me
by virtue of section 66(1) of the Planning (Listed Buildings and Conservation
Areas) Act 1990. This requires me to have special regard to the desirability of
preserving the listed building or its setting.
17. Similarly, national policy at Chapter 16 of the Framework states that any harm
to, or loss of, the significance of a designated heritage asset, including from
development within its setting, should require clear and convincing justification
(paragraph 194).
18. The proposed two storey extension would not be visible from Old Thatch given
its siting within the extreme southwest corner of Ruggles Farm. Moreover, the
form and ridge height of the principal dwelling would provide a screen between
the proposed extension and the listed curtilage. I also noted the existence of a
substantial brick wall some 3m in height to the southwest boundary of Old
Thatch, which provides further visual separation from the scheme before me.
19. I have therefore found in relation to the second main issue that development
as proposed would not adversely impact upon the setting of the adjacent listed
building, as required by section 66(1) of the 1990 Act and by national policy at
Chapter 16 of the Framework.
Conclusion
20. Notwithstanding my finding upon the second main issue, my concerns as to the
harmful effect of the extension upon the character and appearance of the host
building are paramount.
21. For the reasons given above, I conclude that the appeal should fail.
R. J. Maile
INSPECTOR
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