Remodelling existing property with Double Storey Side and Front Extension, Single Story Front Extension and Orangery to the rear

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Heritage & Conservation
Residential Amenity
Character & Appearance

Inspector’s Reasoning

Appeal Decision Site visit made on 9 October 2023 by Sarah Colebourne MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 26 October 2023 Appeal Ref: APP/M2840/D/23/3326985 Lindisfarne, Wakerley Road, Harringworth, Northamptonshire, NN17 3AH • 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 S Lindsell against the decision of North Northamptonshire Council. • The application Ref NE/23/00439/FUL, dated 18 April 2023, was refused by notice dated 17 July 2023. • The development proposed is described as ‘Remodelling existing property with Double Storey Side and Front Extension, Single Story Front Extension and Orangery to the rear’. Decision 1. The appeal is dismissed. Reasons 2. The main issues in this appeal are:- • whether the proposed development would preserve or enhance the significance and the character and appearance of the Harringworth Conservation Area; • the effect of the proposed development on the living conditions of the neighbouring occupier/s at Clairville and Brook House, in terms of privacy. Character and appearance 3. As the proposal is in a conservation area, I have had special regard to section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act). The development plan includes policies 2 and 8 of the North Northamptonshire Joint Core Strategy 2011-2031 (2016) (CS). Together those policies seek to ensure that proposals conserve and, where possible, enhance the heritage significance of an asset in a manner commensurate to its significance, complement their surroundings in form, scale, design and materials and respond to the site’s immediate and wider context and local character without stifling innovation. The National Planning Policy Framework (the Framework) has similar objectives as do the emerging policies in the East Northamptonshire Local Plan (Part 2) which does not yet form part of the development plan but carries significant weight due to its advanced stage. Appeal Decision APP/M2840/D/23/3326985 2 4. The appeal site lies on the eastern edge of the Harringworth Conservation Area (CA), within a row of mostly modern dwellings that are separated by fields from the central part of the village. At my visit I noted that this attractive village has a strong rural character with occasional views towards open fields between buildings and many historic cottages and converted farm buildings. Most of those are constructed of limestone walls and stone slate or thatch roofing materials and are of one or two storeys with simple shallow plan forms and pitched roofs predominating. Many, like those on the opposite side of the road, are sited adjacent to and parallel to the footway, whilst others sit on narrow plots with side elevations facing the road. Modern dwellings tend to be set back from the road and generally reflect the vernacular style although I noted at my visit a number of more recent, larger dwellings at the other end of the village on Gretton Road, some of which I will refer to later. Throughout the village, limestone boundary walls form a consistent feature. 5. The appeal site comprises a detached two storey house on a wide plot, set back behind a low stone boundary wall and mature trees in the front garden. It is positioned between Clairville, a modern semi-detached bungalow and Brook House, a modern dwelling built in a traditional style. Clairville and its neighbour have deep projecting gables on their front elevations and their uncompromisingly modern style adds little to the more traditional character and appearance of most of the CA. Opposite the drive is a traditional cottage with attached barn conversion linked to a high stone boundary wall which extends some distance along the road. 6. The appeal dwelling is built in imitation stone with a hipped, tiled roof with a chimney and a catslide roof with a flat roof dormer on the front elevation. There is a separate garage of poor quality construction which has a shallow pitched roof and is sited close to the boundary with Clairville. Although the dwelling does not reflect the more traditional building style of much of the CA, its size and scale is assimilated comfortably within its plot and it has a neutral impact on the CA. 7. The proposed development would represent a remodelling and I have therefore assessed its impact on the surrounding area rather than on the existing dwelling. It would result in a deeper and wider plan form. It would have a hipped roof and would include a two storey projecting gabled and hipped projection at one side of the front elevation, a lower gabled roof at the other side of the front elevation and a two storey gabled projection and a single storey orangery on the rear elevation. There would also be smaller hipped roofs over the projection of the garage on the front elevation and over a small, existing single storey side extension. 8. With regard to siting, whilst the proposal would bring the dwelling closer to the western side boundary, in terms of character and appearance that would be acceptable because the existing garage would be removed and a gap of at least 2.3m would be retained which would be sufficient for the dwelling to not appear unduly cramped. 9. In terms of size and scale, the two storey part of the resulting dwelling would be wider than that of either of its neighbours but as it is orientated away from Clairville and there is a substantial gap between the site and Brook House, this in itself would not have a significant impact and as noted earlier, many of the traditional buildings have a wide, albeit shallow, form. However, its width Appeal Decision APP/M2840/D/23/3326985 3 would be emphasised by the wide, gabled and hipped elements of the roof which would result in an overly complex roof form at odds with the simple roof forms seen elsewhere in this part of the street. 10. Although the dwelling is set back from the street and screened partially by trees in the summer months, it is set on slightly higher ground than the highway and both the front and side elevations would be seen during winter months. I have noted that the two storey part of the western side elevation would be no greater than that of the existing dwelling but the eastern side elevation of two storeys would be particularly bulky given its considerable depth of over 15m, according to the plans. This would be in sharp contrast to the shallow side elevations of many of the historic buildings on the opposite side of the street and close by at no 12 and would introduce a scale of building not seen elsewhere in this part of the CA. 11. I also have concerns regarding the style and detailing of the building which, despite the use of traditional materials, would fail to reflect the simpler, vernacular style seen in many other buildings in the CA that contributes positively to the area. The floor to ceiling windows in the front elevation, the suburban-style garage door and the pillars in front of the front doors are incongruous features that would appear out of place in this context. 12. I have taken into consideration the other remodelled dwellings on the other side of the CA on Gretton Road that the appellant has referred to. Maystone House is a large dwelling with twin gables on its front elevation. Although it is slightly wider than the dwelling proposed here, its side elevations are more modest at less than 10m depth. It has a less complex roof form which together with the steeper gables, traditional detailing of stone window heads, cills and mullions and greater wall to void ratios, results in a more cohesive design that reflects a traditional farmhouse or manor house. 13. Vale House has a somewhat complex roof form and some similarities in design to this proposal. However, it is the last dwelling in the CA and within the setting of the listed Welland Valley Viaduct. It has only one neighbour, a modern bungalow and there is a hedgerow bounding an open field and no dwellings on the opposite side of the road at this point. It therefore has a different, more standalone and open context than the appeal site which lies within a row of dwellings and has a more enclosed setting with a dwelling and wall on the opposite side of the road. 14. Westbrook is a new two storey dwelling with a detached double garage that has replaced a bungalow. It also has more modest side elevations than proposed here and has a simple plan form with a single main pitched roof and cottage-style detailing that has resulted in it blending into its central village context very successfully. Those examples, therefore, have significant differences from the appeal site and this proposal and do not set a precedent for the harm that would be caused in this case. 15. Whilst the harm would be less than substantial, it carries considerable weight and the Framework requires that any harm to the significance of a designated heritage asset should require clear and convincing justification. Where the harm is less than substantial, it should be weighed against the public benefits of the proposal. The appellant says that the existing dwelling is currently extremely inefficient in terms of energy use and in dire need of repair and that the upgrade would result in insulation to current standards. I accept that this Appeal Decision APP/M2840/D/23/3326985 4 would be a benefit albeit mainly for the property itself and that the removal of the garage would enhance the street scene. However, both of those benefits could be achieved through a more appropriate scheme and I am not persuaded that they are sufficient to outweigh the wider harm that would arise to the CA from this proposal. For these reasons, I conclude that the proposal would fail to preserve or enhance the significance and the character and appearance of the CA, contrary to the policies referred to earlier and to the Framework. Living conditions 16. The proposal includes a balcony of some 8m in width and 1m in depth, according to the plans, that would be accessed from two patio doors in the main bedroom in the proposed two storey rear projection. 17. Lindisfarne is separated from Brook House by a track leading to fields. Brook House has a large rear garden with its main patio area adjacent to the rear elevation. It has a conservatory/orangery attached to its rear elevation and sited close to its side boundary which comprises a high hedge closest to the house that is evergreen in part and a close boarded fence and trees further down the garden. The appeal dwelling is sited at an angle within its plot and although there is currently a degree of overlooking towards Brook House from the first floor side windows, its rear elevation faces away from Brook House towards Clairville instead. The introduction of a balcony at first floor level on the rear elevation would create the opportunity for additional overlooking of the middle and end parts of the rear garden to Brook House but that would be at an oblique angle. 18. The Council’s officer’s report implied that a 1.7m balcony screen would mitigate any impacts sufficiently but did not consider whether a condition for that would overcome its objections. Given the orientation, the separation by the track and the distance of at least 16m, the additional overlooking could be mitigated sufficiently by a condition for a 1.7m obscure glazed balcony screen if all other matters were acceptable and the proposal would not cause significant harm in terms of privacy to the occupiers of Brook House. 19. The relationship between Linisfarne and Clairville is a closer one with Clairville sited very close to the side boundary and the appeal dwelling would be some 2.3m from the side boundary at its closest point. Clairville has a long rear garden and it is likely that any sitting out area is positioned away from the side boundary or at the end of the garden. It has a small rear extension and the plans show that dwelling projects some 10m beyond the proposed rear elevation of Lindisfarne. It contains two side windows which face towards the appeal site but from what I saw those do not appear to be the principal windows to habitable rooms. The rear garden of Clairville is already overlooked by the appeal dwelling but the proposed balcony would increase that oevrlooking. However, a condition for a 1.7m high, obscure glazed balcony screen would reduce that to an acceptable degree if the appeal were allowed and as such, the proposed balcony would not lead to a significant increase in overlooking and would not cause a significant loss of privacy to the occupiers of Clairville. 20. I conclude then that the proposed development would not result in significant harm to the living conditions of the neighbouring occupiers and would accord with policies 1 and 8 of the CS which together contain a presumption in favour Appeal Decision APP/M2840/D/23/3326985 5 of sustainable development and seek to ensure that developments protect the amenity of neighbouring occupiers. Conclusion 21. Notwithstanding my findings regarding Living Conditions, my findings in regard to Character and Appearance are significant and overriding and for the reasons given, I conclude that the proposed development would be contrary to the development plan and there are no material considerations that would outweigh this. The appeal should be dismissed. Sarah Colebourne Inspector
£ Costs decision section
Costs Decision Site visit made on 9 October 2023 by Sarah Colebourne MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 26 October 2023 Cost application in relation to Appeal Ref: APP/M2840/D/23/3327626 Lindisfarne, Wakerley Road, Harringworth, Northamptonshire, NN17 3AH • The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). • The application is made by Mr S Lindsell for a full award of costs against North Northamptonshire Council. • The appeal was made against the refusal of planning permission for ‘Remodelling existing property with Double Storey Side and Front Extension, Single Story Front Extension and Orangery to the rear’. Decision 1. The application for an award of costs is allowed in the terms set out below. Reasons 2. The government’s Planning Practice Guidance (PPG) states that costs may be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. Paragraph 49 of the PPG details the type of behaviour that may result in a substantive award of costs. I will deal with each of the Applicant’s grounds in turn. a) Not determining similar cases in a similar manner 3. The Council’s planning officer’s report indicated that the previously allowed developments elsewhere in the Conservation Area (CA) were not particularly close to the appeal site and it was to be determined on its own merits. My decision refers in detail to significant differences between those developments and this proposal and/or site context and explained why they do not set a precedent for the harm that would be caused in this case. I therefore find no evidence that there was unreasonable behaviour on this ground. b) Preventing development which should have clearly been permitted 4. The Council’s Conservation Officer advised that they did not wish to make any comments regarding the scheme. The reasons for that stance have not been provided but it does not necessarily indicate support for the scheme either. In any case, even if there were no objection from the Conservation Officer, planning officers are entitled to disagree with the views of their consultees if they have good reason and in this case, the officer’s report detailed why the proposal would cause harm to the CA. Appeal Decision APP/M2840/D/23/3327626 2 5. Whilst the officer’s report referred to the East Northamptonshire Council Householder Extensions Supplementary Planning Document (SPD) in regard to residential amenity (living conditions), the report did not provide any more detail and as policies 1 and 8 of the Core Strategy covered that matter, I did not rely on it. Furthermore, there was no reference to the SPD in that report in regard to the effect on the CA. I disagree, therefore, that undue weight was placed upon the SPD by the Council and the appellant’s statement does not refer to it either. 6. My decision explains why I agreed with the Council that the development should not be allowed and I find that there was no unreasonable behaviour on this ground. c) Vague, generalised and inaccurate assertions about a proposals impact 7. Although my decision goes into some detail regarding the differences between the proposal and the other examples referred to by the Applicant, it was not necessary for the planning officer to do so because those examples are not particularly close to the appeal site as explained in the officer’s report and the proposal’s impact on the CA was correctly assessed on its own merits. 8. The planning officer’s report referred to the ‘height, depth and bulk’ of the proposal, that it was ‘not subservient or in scale with the current property and would instead dominate the existing dwelling’. It also referred to the ‘surrounding area of single and two storey dwellings’, that the development would ‘enclose the gap’ and that the existing dwelling is ‘not completely out of scale with surrounding properties’. 9. The report also referred to the direction in which the proposed development would face and its impact on the rear amenity space of the neighbouring dwellings. 10. Whilst I disagreed with the Council in regard to the enclosing of the gap, assessed the proposal as a remodelling rather than an extension and found that there would be no significant harm in terms of overlooking, the reasons given in the officer’s report and the decision notice were sufficiently detailed. I find, therefore, that there was no unreasonable behaviour on this ground. d) Refusing an application on the basis of a detail that could be dealt with by condition 11. In regard to the effect on the living conditions of the neighbouring occupiers, the Council’s report says that ‘the proposed balcony therefore in the absence of a 1.7m balcony screens would cause overlooking’. It seems that the Council would have been satisfied with a 1.7m balcony screen but it failed to consider whether a condition for that could overcome the harm it identified. 12. That led to a small amount of additional work for the Applicant in defending that reason for refusal and I find that on this ground there was unreasonable behaviour by the Council, although the need for the appeal could not have been avoided given that there was another reason for refusal. Conclusion 13. For the reasons given above, I find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Appeal Decision APP/M2840/D/23/3327626 3 Guidance, has been demonstrated in regard to ground d) only and that a partial award of costs is justified. Costs Order 14. In exercise of the powers under section 250(5) of the Local Government Act 1972 and Schedule 6 of the Town and Country Planning Act 1990 as amended, and all other enabling powers in that behalf, IT IS HEREBY ORDERED that North Northamptonshire Council shall pay to Mr S Lindsell the costs of the appeal proceedings described in the heading of this decision limited to those costs incurred in ground d) only; such costs to be assessed in the Senior Courts Costs Office if not agreed. 15. The applicants are now invited to submit to North Northamptonshire Council, to whom a copy of this decision has been sent, details of those costs with a view to reaching agreement as to the amount. Sarah Colebourne Inspector
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