Installation of solar panels onto garage/outhouse roof

Appeal Decision Site visit made on 14 May 2019 by Sarah Colebourne MA, MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 21st May 2019 Appeal Ref: APP/K0235/D/19/3221854 Anglestones, High Street, Pavenham, Bedfordshire, MK43 7NJ • 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 Patrick Perusko against the decision of Bedford Borough Council. • The application Ref 18/02298/FUL, dated 30 August 2018, was refused by notice dated 12 November 2018. • The development proposed is the installation of solar panels onto garage/outhouse roof. Replacement of oil heating system with air source heating system. Decision 1. The appeal is allowed and planning permission is granted for the installation of solar panels onto garage/outhouse roof and the replacement of oil heating system with air source heating system at Anglestones, High Street, Pavenham, Bedfordshire, MK43 7NJ in accordance with the terms of the application, Ref 18/02298/FUL, dated 30 August 2018, subject to the following conditions:- 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: V02, V03. Reasons 2. In considering proposals for planning permission, the duty imposed by section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special regard must be had to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The Council’s development plan policies BE21 of the Bedford Borough Local Plan 2002 and CP23 of the Core Strategy and Rural Issues Plan 2008 seek to protect heritage assets in accordance with the statutory duty and the objectives of the National Planning Policy Framework (the Framework). However, the policies precede the Framework which requires that any harm is weighed against the public benefits of the proposal. The main issue in this case is therefore the effect of the proposed development on the setting of the grade II listed building, Anglestones, and whether or not the public benefits of the proposal outweigh any harm. 3. Anglestones is a C17th house and former barn of coursed limestone rubble which was altered and extended early in the C20th. The main house has a thatched roof and the former barn has a clay tile roof. Its significance derives Appeal Decision APP/K0235/D/19/3221854 2 from its architectural composition, its historical record, the use of materials and its setting in the village which provide physical evidence of the development of the village. 4. The Council’s officer’s report considers it unlikely that the proposed air source heat pump will have any negative impact on the listed building owing to its discreet location to the rear of the former barn and reduced impact compared to the existing oil tank and on the basis of my site inspection I would agree. 5. The proposed solar panels would be sited on an outbuilding in the rear garden which is a modern addition dating from the mid C20th. Only the front gable end of the building can be seen from the street but it forms a courtyard style arrangement with the main part of the listed building and the former barn opposite and as such forms part of the setting. Although the building is modern, it has a low profile and sympathetic materials, including a clay tiled roof, which help it blend successfully within the setting of the house. 6. The panels would be sited on the roofslope facing the rear garden and the former barn at 90o to the main part of the listed building and would not be seen in public views. The Council has referred in particular to the harm caused by the irregular pattern of the panels but the proposed elevation plan clearly shows a regular pattern of two rows of eight panels each and this is confirmed by the appellant. Whilst the panels would sit slightly proud of the roof slope, I saw that the roof of the former barn has also been altered with conservation style rooflights which also sit proud of the roof slope. Nonetheless, the covering of a large area of tiles with panels would cause some harm to the appearance of the building and given its proximity to and visibility within the setting of the building at the rear, this would cause some harm and would be contrary to the Council’s policies. Although the harm would be less than substantial, I must give it great weight. 7. It is clear from the figures provided by the appellant regarding the energy consumption of the dwelling, trips generated by oil fuel tankers, lack of alternative fuel sources in the village and the energy generated by the proposal that it would have significant public as well as private benefits in terms of enhanced sustainability of renewable energy. This matter carries significant weight in the context of this case and although it is finely balanced, given the increasing importance of renewable energy the public benefits which would result from the proposed development outweigh the less than substantial harm that would be caused. 8. In addition to the standard commencement condition, a condition is necessary requiring that the development is carried out in accordance with the approved plans, in order to provide certainty. 9. I conclude then that although the proposed development would not accord with Council’s development plan policies, the adverse impacts of the proposal would not significantly and clearly outweigh the benefits when assessed against the policies in the Framework as a whole and the appeal should be allowed. Sarah Colebourne Inspector