New dormers and roof level window, removal of disused chimney stack and replacement cladding to main house
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Heritage & Conservation
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 January 2026 by A Morrison MTCP MRTPI
Decision by N Bowden BA (Hons) Dip TP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 09 March 2026
Appeal Ref: 6001729
The Timber House, Hutton Village Road, Guisborough TS14 8EW
• 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 Mr Shaun Muir against the decision of North York Moors National Park
Authority.
• The application Ref is NYM/2025/0438.
The development proposed is originally described as new dormers and roof level window, removal of
disused chimney stack and replacement cladding to main house.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matters
3. The description in the banner heading is taken from the original application form.
The appellant has confirmed a change to the description following the submission
of amended plans to retain the chimney stack, and I note that this also reflects the
description on the decision notice. I have therefore assessed the appeal on the
basis of the clearer revised description of ‘Construction of two dormer windows and
installation of replacement composite cladding’.
4. As part of the appeal submission, I have been provided with an alternative scheme
in respect of the dormer windows to the one considered by the Council. The revised
plans would replace the proposed larger single south elevation dormer with two
much smaller dormers, whilst the proposed east elevation dormer would be
reduced in size so that it matches the others.
5. The changes to the south elevation are substantially different to the scheme on
which the Council made its decision, and I am unaware of any formal consultation
taking place on this alternative proposal. Accepting the revised plans for
consideration as part of this appeal therefore has the potential to prejudice the
Council and/or other interested parties from an opportunity to comment. In
accordance with Holborn Studios Ltd v The Council of the London Borough of
Hackney [2017] EWHC 2823 (Admin) and in the interests of procedural fairness, I
have therefore made my recommendation on the basis of the same plans that the
Council determined the planning application which led to this appeal. This does not
Appeal Decision 6001729
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preclude the appellant from submitting an alternative proposal to the Council by
way of a further planning application should they wish to do so.
6. The appeal site is within the North York Moors National Park (the NP). I have a
duty under the National Parks and Access to the Countryside Act 1949 (as
amended by the Levelling Up and Regeneration Act 2023) to seek to further the
purposes of the NP, which includes conserving and enhancing natural beauty,
wildlife and cultural heritage. In making my recommendation, I have had regard to
this statutory duty.
7. The appeal site is within the Hutton Lowcross Conservation Area (the CA). The
statutory duty set out in Section 72 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 (the Act) requires special attention to be paid to the
desirability of preserving or enhancing the character or appearance of a
Conservation Area.
Main Issue
8. The main issue is the effect of the proposed development on the character and
appearance of the host dwelling and area, including whether it would preserve or
enhance the character or appearance of the CA.
Reasons for the Recommendation
9. The CA is situated on the fringe of Guisborough and encompasses the estate
parkland and agricultural fields formed around Hutton Hall, a C19 country house.
Having regard to the Home Farm and Hutton Hall Appraisal (the Appraisal), the
CA’s significance principally derives from its architectural and industrial heritage,
including a Victorian farmstead and the Alfred Waterhouse-designed Hutton Hall
with its adjacent stables, built for the locally influential Pease family. These key
building groups, along with the limited number of other non-designated buildings
interspersed across the CA, possess a historic and aesthetic value which, in
combination with their spacious landscape setting, is fundamental to the area’s
special interest and rural character.
10. The sizeable two storey appeal property, built in the 1930’s as a timber
demonstration house, stands largely on its own, set well apart from the nearest
neighbouring dwellings as comprise the Old School House. It occupies a prominent
position beside a public footpath running through the centre of the CA, with its
widely exposed rear elevation also visible from Hutton Village Road.
11. The dwelling has been significantly extended and altered since the Appraisal was
prepared, however its well-balanced form and characteristic timber facing materials
mean it continues to present a distinctively natural and mellow aesthetic. Much of
this authenticity stems from the varied details, tones and textures of its extensive
natural cladding boards, whose organic appearance helps the present building
assimilate within the landscape despite its considerable breadth. Owing to the
sympathetic quality of its existing design, the dwelling therefore continues to justify
its identification in the Appraisal as a building of local significance, and accordingly I
find that it makes a positive contribution to the character and appearance of the CA.
12. The proposed dormer window to the open south elevation would rise to the full
height of the roof slope and span across much of its width. It would not be set in
from the edges of the roof, and through its substantial proportions, would create a
Appeal Decision 6001729
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visually heavy and dominant mass that fails to respect the dwelling’s original
two-storey form. I appreciate that this elevation has contemporary architectural
elements, and that the design incorporates matching fenestration and roof pitches.
Nevertheless, these details would not mitigate the resultant excessively bulky
appearance. Through its cumbersome siting and sheer volume, the dormer would
disrupt the attractive balance and scale of the rear elevation, in doing so
diminishing the property’s character and appearance, with this harmful impact in
view from the adjacent road.
13. The proposed east facing dormer would be smaller in comparison and would sit
well above the eaves line. However, its height would be set only marginally down
from the main ridgeline and due to its width, would provide little visual separation
from the chimney in front. As a result, its overall positioning and massing would
produce an unduly bulky appearance that again fails to respect the dwelling’s
essential form and character, a harmful effect which would be plainly seen from the
nearby public footpath.
14. Dormer windows are present in the wider surroundings, but they do not offer a
meaningful comparison to the proposals. Those on the neighbouring Old School
House appear to form part of its original architectural composition and, in any case,
are modest in scale and positioned well below the ridgeline, giving them a clearly
subordinate appearance. Dormers elsewhere in Hutton Village lie outside the CA
within a different setting and therefore cannot justify inappropriate development at
the appeal site.
15. The evidence before me indicates that whilst the dwelling’s current timber cladding
only dates from 2011, it replaced earlier timber materials across the elevations.
Timber as a main facing material has therefore long been integral to the building’s
identity and contributes significantly to its character. While the appellant claims that
the existing cladding has deteriorated substantially since installation, no supporting
evidence has been provided, and timber of this type is generally expected to have a
far longer lifespan when properly maintained.
16. The appellant contends that the proposed replacement brushed Silver Birch finish
composite cladding would echo the visual effect of painted timber cladding. In
support of this, reference is made to the Council’s recent approval for the existing
timber cladding to be painted light grey, which is presented as a fall-back position
for comparison with the proposed composite material.
17. The Courts have held that in considering the concept of a fall-back development as
a material consideration, there should be a “real prospect” of it being implemented,
and not just a theoretical possibility that the development might take place. It is also
held that it is for the decision-maker to exercise their planning judgement on this
matter and to ascribe the appropriate weight.
18. The appellant asserts that whilst it was initially intended to simply treat and paint
the existing cladding, closer inspection has revealed serious faults that will render
certain areas prone to failure and degradation even with painting. This casts
substantial doubt over whether the fall-back position, said to be indistinguishable
from the proposed composite cladding, would actually be implemented. Maintaining
an acceptable painted finish would also require regular reapplication, and given the
amount of cladding on the large building, it is reasonable to question whether such
upkeep would realistically occur. Moreover, because of the natural characteristics
Appeal Decision 6001729
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of timber, including knots and large variations in grain, the resulting painted
appearance would not closely replicate the consistent finish of the proposed
composite material, a difference that would be apparent in public views from the
footpath. For these reasons, I have afforded the fall-back position only very limited
weight as a material consideration.
19. By virtue of the lack of detail and variation in its finish, both when installed and as
time passes, the contemporary and overly uniform appearance of the composite
cladding would undermine the character and appearance of the dwelling. This harm
would be exacerbated by the extent of its coverage across the building and
although I recognise that the property has evolved and been modernised over time,
through its exposed rural and heritage setting, it remains sensitive to change. As a
distinctly modern product, the composite cladding would appear incongruous
against the traditional and natural qualities of its surroundings, and would therefore
detract from the character and appearance of the CA.
20. The National Planning Policy Framework (the Framework) stipulates that when
considering the impact of development on the significance of designated heritage
assets, great weight should be given to the asset’s conservation. Taking into
account its localised effect in the context of the extent of the CA, I find the harm
that would arise from the proposal would be at the lower end of less than
substantial harm, but nevertheless of considerable importance and weight in the
planning balance of the appeal.
21. Whilst the appeal scheme would give rise to private benefits for the householder,
any wider public benefits as related to the short-term economic activity generated
during construction would be only very limited. Consequently, these considerations
do not amount to benefits sufficient to outweigh the identified harm to the CA.
22. The Framework also requires that great weight be given to conserving and
enhancing landscape and scenic beauty of the NP. The effect of the proposal on
the landscape is not a matter in dispute between the main parties. Given the
domestic nature and scale of the proposals, I agree that the landscape and scenic
beauty of the NP would be conserved. Even so, this does not overcome the more
localised harmful effects identified to the host building and the CA.
23. On this basis, I conclude that the proposed development would have a harmful
effect on the character and appearance of the host building and area, and would
fail to preserve or enhance the Hutton Lowcross Conservation Area. It would
therefore fail to satisfy the requirements of the Act and conflict with Strategic Policy
C and Policies ENV11 and C017 of the North York Moors National Park Authority
Local Plan July 2020. These policies require, amongst other things, that new
development conserves or enhances the significance of heritage assets including
with regard to their special character and appearance, and is of a high quality
design that reflects and complements the character and form of the original
dwelling and its landscape setting. The proposal would also conflict with Part 2 of
the Council’s Design Guide, which is a material consideration and advises that
dormers windows should be small in scale and not dominant in appearance.
Conclusion and Recommendation
24. For the reasons given above and having had regard to all other matters raised, I
recommend that the appeal should be dismissed.
Appeal Decision 6001729
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A Morrison
APPEAL PLANNING OFFICER
Inspector’s Decision
25. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
N Bowden
INSPECTOR
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