Side and rear extension to form family annex
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Heritage & Conservation
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 November 2024
by Martin H Seddon BSc MPhil DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 December 2024
Appeal Ref: APP/H1840/D/24/3348660
The Willows, Sherrifs Lench, Evesham WR11 4SN
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as
amended) against a refusal to grant planning permission.
• The appeal is made by Mrs L Buxton against the decision of Wychavon District Council.
• The application Ref is W/24/00284/HP.
• The development proposed is a side and rear extension to form family annex.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are the effect of the proposal on the character and appearance
of the building and surrounding area, and on the setting of the listed building of
The Cottage.
Reasons
Character and appearance
3. The appeal building is a cottage which possibly dates from the seventeenth or
eighteenth century. It is considered to be a non-designated heritage asset by
the Council because of its age and architectural significance. It has a large
garden and is located in a rural area at the approach to the small settlement of
Sherrifs Lench. The neighbouring dwelling of “The Cottage” is a timber framed
thatched cottage and grade II listed building, dating from the seventeenth
century. The buildings are prominent as a separate group in the street scene.
4. The Willows is a cottage with evidence of timber framing and has a linear form,
with later additions. It has five bedrooms and an integral garage. The front
elevation is characterised by small dormer windows with pitched roofs. The rear
elevation is set into the hillside at ground floor level, and the lower part forms
a retaining wall for the sloping garden.
5. The appeal dwelling was granted permission for a single storey side extension
in 2004. The proposed side extension would be integral with the proposed rear
extension and would be partly screened by flanking vegetation. t would appear
out of character with the front elevation of the building and its small regularly
sized front dormer windows. That is because it would have a large gabled
frontage with a ridge height matching that of the building. The extension would
Appeal Decision APP/H1840/D/24/3348660
2
not appear subservient to the building when viewed from the highway because
of the lack of a set-down from the roof ridgeline, contrary to advice in the
South Worcestershire Design Guide Supplementary Planning Document.
6. The pitched roofs to the building and its additions give the cottage a distinctive
and coherent architectural style. The rear elevation would be dominated by the
proposed modern extension with its flat roof and unrelated design. The form,
bulk and design of the rear extension would appear unacceptably discordant
and out of character with that of the building as a whole.
7. I find that the proposed extensions would be harmful to the character and
appearance of the building as a non-designated heritage asset. The proposed
development would conflict with South Worcestershire Development Plan
policies SWDP 6, SWPD 21 and SWDP 24 which together seek to ensure the
conservation and design quality of heritage assets.
Setting of the listed building
8. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 requires that in considering whether to grant planning permission for
development which affects a listed building or its setting, special regard should
be had to any features of special architectural or historic interest which it
possesses. At Annex 2 the National Planning Policy Framework (The
Framework) defines the setting of a heritage asset as the surroundings in
which it is experienced.
9. The special architectural and historic interest of The Cottage derives from its
age, timber framed bays and partly hipped thatched roof. The front elevation of
the proposed side extension would be partly seen in conjunction with the front
elevation of the Cottage when viewed from the highway. The size and form of
the proposed side extension at the Willows would harm the general relationship
of the two buildings in terms of their historic form and appearance. However, I
consider that the harm to the listed building of The Cottage as a designated
heritage asset would be limited and less than substantial.
10. Paragraph 208 of the Framework indicates that where a development proposal
will lead to less than substantial harm to the significance of a designated
heritage asset, this harm should be weighed against the public benefits of the
proposal including, where appropriate, securing its optimum viable use.
However, the benefits from the proposed side and rear extension would
primarily constitute private benefits rather than public benefits and would not
outweigh the harm to the setting of The Cottage as a designated heritage
asset. The proposed development would conflict with South Worcestershire
Development Plan policies SWDP 6, SWPD 21 and SWDP 24 which, amongst
other things, seek to conserve and enhance the setting of heritage assets.
Other Matters
11. The appellant has indicated that the proposals would include measures to
install a sustainable water harvesting system and the prevention of water
ingress to the rear of the building. The building would also be insulated to
modern standards. However, drainage improvements at the rear of the
building, water conservation, and insulation could be achieved by other means
and without dependence on the proposed extensions.
Appeal Decision APP/H1840/D/24/3348660
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12. I acknowledge the appellant’s desire to provide accommodation to enable a
family group to live together and provide an elderly member with support.
However, these considerations are insufficient reason to outweigh my findings
that the proposal would have a significant harmful effect on the character and
appearance of the building and less than substantial harm to the setting of The
Cottage. The proposed development would conflict with the design and heritage
objectives in the Framework and with the development plan as a whole.
Conclusion
13. For the reasons given above the appeal should be dismissed.
Martin H Seddon
INSPECTOR
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