Re submission (sic) of HPK/2022/0498 – Raise roof level to provide accommodation at first floor, single storey rear extension, new porch and alterations to windows and doors
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Heritage & Conservation
Trees & Landscape
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 June 2024
by Andrew Dale BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 04 July 2024
Appeal Ref. APP/H1033/D/24/3340073
Torino, St Marys Road, New Mills, High Peak SK22 3BW
• 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 Wayne Travers against the decision of High Peak Borough
Council.
• The application ref. is HPK/2023/0514.
• The development proposed is “Re submission (sic) of HPK/2022/0498 – Raise roof level
to provide accommodation at first floor, single storey rear extension, new porch and
alterations to windows and doors”.
Decision
1. The appeal is allowed and planning permission is granted for raise roof level to
provide accommodation at first floor, single storey rear extension, new porch
and alterations to windows and doors at Torino, St Marys Road, New Mills,
High Peak SK22 3BW in accordance with the terms of the application ref.
HPK/2023/0514, subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans numbered (titled): 100 (Location and Site
Plans); 101 (Existing Plans); and 200 Rev. C (Proposed Plans)
3) The stone, render and concrete roof tiles to be used in the construction of
the external surfaces of the development hereby permitted shall match the
stone, render and concrete roof tiles used in the existing building.
Preliminary matters
2. The descriptions of the proposal on the application form and the decision
notice, as set out in the banner heading above, refer to the resubmission of
application ref. HPK/2022/0498. I have taken this planning history into
account, but its inclusion in the description of the proposal is superfluous and
potentially misleading. I have omitted such a reference from the Decision.
3. Submitted with the appellant’s statement is revised drawing no. 200 Rev. C.
This shows the omission from the proposal of 2 front (west-facing) gabled
dormers and 2 large contemporary glazing panels at first floor level in the
southern side elevation and their replacement with 4 roof lights and a pair of
Appeal Decision APP/H1033/D/24/3340073
2
conventional 2-light windows respectively. I am satisfied that the revisions do
not represent a substantial difference or fundamental change to the application
or to the description of development. The minor changes shown could have
quite conceivably been sought by means of a planning condition. The
application did not result in any public comments being received and it is
difficult to envisage how the changes might prejudice the interests of anyone
who may have expected to have had an opportunity to comment on those
proposals. Having given the Council an opportunity to comment on the revised
drawing, I have therefore exercised my judgement to take it into account.
Main issue
4. The main issue is the effect of the proposed development upon the character
and appearance of the street scene and the setting of the New Mills
Conservation Area (NMCA).
Reasons
5. I have not seen any development plan policies or local guidance aimed at
resisting in principle proposals which would involve the loss of a bungalow for
any reason or an upward extension to a bungalow by adding a whole new
storey below a replacement roof as put forward here. I have taken into account
the guidance in the High Peak design guide and Residential Design
Supplementary Planning Documents. The Council refers to the guidance for
extensions to be subordinate to the main form of the dwelling and suggests
that the original character of the host property would be lost. However, the
guidance also says that in some circumstances it may be acceptable to consider
extensions which do not emulate the style of the original building and that it is
important that an extension results in a dwelling that is well designed in itself.
6. In this street scene, the appeal bungalow’s closest visual relationship is with
the row of 2-storey houses to the north that follow the sharp fall in St Marys
Road from north to south. Noting the taller built form and the advanced
building line of those neighbouring houses and the exceptionally fine roadside
trees to the south of Torino, the bungalow appears rather unassuming and
does not stand out in the street scene. It would be a stretch of the imagination
to suggest that this situation would be radically changed by the proposed
raising of the roof ridge by just 1.25 m. The upwards extension would not be of
such a scale or in such a position as to have an adverse visual impact on the
street scene.
7. Given a roof style based on steeply pitched roofs, with much of the first floor
accommodation in the roof space, I consider that, importantly, the resulting
dwelling would be well designed in itself and would be a fitting addition to this
street scene, integrating well with it. It would an appropriate dwelling type that
would be something of a hybrid between the design of the adjacent 2-storey
houses and the existing single-storey bungalow which has no particular
architectural merit of its own and is something of an anomaly along this part of
the road. Dormers are not a characteristic feature of the buildings in New Mills.
The use of 6 small and carefully positioned roof lights in the front roof slope, as
shown on the revised plan, would not, in my view, be objectionable given the
rather secluded location and particular character of this property.
Appeal Decision APP/H1033/D/24/3340073
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8. I consider therefore that the proposed upwards extension would not result in an
incongruous form of development that would be prominent in the street scene
for any reason.
9. It is common ground between the main parties that the appeal site is within
the setting of the NMCA which is a designated heritage asset of some
significance. In particular, beyond the southern side boundary of the appeal
site, there is The Annunciation Roman Catholic Church and its associated
churchyard which lie within the NMCA. The church, said to date from circa
1846, along with High Lee Hall, which is largely hidden from view on the
opposite side of the road, contribute to the significance of the NMCA in its
architectural and historic senses. The trees between them along both sides of
the road play an important part in the landscape setting of both buildings and
provide a strong sense of enclosure along St Marys Road.
10. Although not definitive in itself, I note that the NMCA Character Appraisal does
not identify a Significant View or even a Glimpse View in the vicinity of the
church at Map 7 Sub-Area 5. The setting of the church, which is set back from
the road on the inside of a bend, can perhaps be best described as tantalising
in the sense that on both approaches along St Marys Road the full extent of the
church and its narrow spire is obscured to varying degrees by a combination of
buildings and/or mature trees. From the south, the church is only revealed in
full once beyond 30 St Marys Road. From the north, the first full view occurs in
a very short gap between the structure of Torino and the overhanging branches
of mature roadside trees. The appeal scheme would not interfere with that gap.
That it may marginally reduce the already restricted and glimpsed views of the
spire when approaching from higher ground to the north would not be
significant given the characteristic setting of the church I have described.
11. The resulting dwelling would still provide for a gradual transition of built form
between the row of 2-storey residential properties and the open churchyard.
When viewing from various parts of the churchyard, its southern flank elevation
would not appear unduly dominant and would be seen against the backdrop of
the 2-storey dwellings ascending the hillside to the north.
12. The desire for extensive areas of glazing in the southern side elevation so as to
take advantage of solar gain and views should be balanced against the need to
protect the open and humble setting of the churchyard. By removing the 2
large and rather extravagant irregular-shaped windows from the first floor of
this elevation, I consider that a suitable balance is struck. This elevation would
not appear overly assertive. The use of render for the side and rear walls would
be acceptable as it is already used on Torino and on a number of other
dwellings in the row to the north.
13. The scheme would ensure that whether passing along St Marys Road or
standing in the churchyard, the NMCA would remain readily understandable.
Consequently, the proposed development would not undermine the legibility of
this part of the settlement and would not erode the historic and architectural
significance of the NMCA. I consider therefore that the resulting dwelling would
make a neutral contribution to the setting of this designated heritage asset and
would not affect the ability to appreciate its significance.
Appeal Decision APP/H1033/D/24/3340073
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14. I find on the main issue that the proposed development would not harm the
character and appearance of the street scene or the setting of the NMCA. In
these respects, the proposal would accord with Policies S 1, EQ 6 and EQ 7 of
the High Peak Local Plan 2016. Taken together and amongst other things,
these policies seek to secure high-quality design and ensure that heritage
assets, including their settings, are conserved in a manner appropriate to their
significance. The scheme would respect the key design themes in the National
Planning Policy Framework insofar as they relate to achieving well-designed
and beautiful places and conserving and enhancing the historic environment.
15. The appeal site lies outside the NMCA, yet the Council’s Delegated Decision
Report refers to section 72 of the Planning (Listed Buildings and Conservation
Areas) Act 1990. The consideration of a conservation area’s setting is not
covered by section 72. The exercise of duties regarding that section is with
respect to any buildings or other land in a conservation area.
16. The Council has suggested 3 conditions in the event of the appeal being
allowed. I have considered these. In addition to a condition setting a time limit
for the commencement of development, a condition requiring that the
development is carried out in accordance with the relevant approved drawings
(now including drawing no. 200 Rev. C, instead of 200 Rev. B) is necessary as
this provides certainty. I have imposed a condition requiring matching
materials to ensure that the development would safeguard the character and
appearance of the area.
17. For the reasons given above and having regard to all other matters raised, I
conclude that this appeal should be allowed.
Andrew Dale
INSPECTOR
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