Proposed alterations and 2 storey side extension
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Heritage & Conservation
Ecology & Biodiversity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 August 2026
by A Wright BSc (Hons) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14 September 2026
Appeal Ref: 6010281
1 Nursery Cottages, Norwich Road, Claydon, Suffolk IP6 0PR
• 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 Oliver North and Rebecca Donald against the decision of Mid Suffolk District
Council.
• The application Ref is DC/26/00125.
• The development proposed is described as ‘proposed alterations and 2 storey side extension’.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. A new National Planning Policy Framework (the Framework) was published on 17
August 2026. As this could affect the issues and matters in this case, the Council
and the appellants were invited to make further comments. My decision reflects
the latest version of the Framework, and the responses received on it.
Main Issues
3. The main issues in this appeal are the effect of the proposed development on:
• the character and appearance of the area, including its effect on the
significance of a non-designated heritage asset; and
• protected species, with particular regard to bats.
Reasons
Character and appearance
4. The appeal site comprises one half of a semi-detached pair of two storey cottages
facing the old Norwich Road. The surrounding area features a mix of domestic
properties of varying ages and styles, though the prevailing character is traditional.
5. Policies HE1 and HE3 of the Framework set out plan-making policies relating to
the historic environment. They require plans to be supported by a local heritage list
identifying non-designated heritage assets (NDHAs), and local planning authorities
to have access to a Historic Environment Record to be used to assess the
significance of heritage assets and inform the preparation of local lists, amongst
other things. Further, Policy HE5 of the Framework outlines the requirements for
assessing the effect of proposals on heritage assets, including the degree of harm.
Appeal Decision 6010281
2
6. The Planning Practice Guidance (PPG) sets out that NDHAs include buildings,
identified as having a degree of heritage significance meriting consideration in
planning decisions, but which do not meet the criteria for designated heritage
assets. There is no local heritage list entry for the appeal site. However, the PPG
states that NDHAs may be identified as part of the decision-making process on
planning applications. Further, Historic England’s Local Heritage Listing:
Identifying and Conserving Local Heritage (HEAN7) indicates that NDHAs can be
identified through decision-making on planning applications and must be based on
sound evidence.
7. A building is shown at this location on the 1830s OS map and consistently on
subsequent historic mapping, indicating early 19th century origins. The pair of
cottages were constructed in Suffolk Gault white brick which has historic
associations with the wider Shrubland Hall estate where this material was widely
used for the rebuilt hall, its ancillary buildings and the estate’s various lodges and
gatehouses.
8. The appellants refer to various other buildings in the area which have not been
designated as NDHAs, including other structures associated with Shrubland Hall
and ones which have been extended. Nevertheless, Nursery Cottages exhibit a
high degree of architectural uniformity, symmetry and craftsmanship. This includes
mirrored building forms, and matching materials, fenestration and canted bays.
The pitched roof porches are distinctive features that appear original or early
additions and provide a focal point for the side elevations, reinforcing the balanced
composition of the pair.
9. Having regard to its historic, group and architectural value, it is reasonable to
consider Nursery Cottages as an NDHA. Policy LP19 of the Babergh and Mid
Suffolk Joint Local Plan – Part 1 2023 (JLP) requires NDHAs to be conserved in
accordance with their significance. This is broadly consistent with Policy HE4 of
the Framework.
10. The proposed two storey extension would be slightly lower than the existing
dwelling and marginally set back from the frontage so would not impinge on the
front building line. Nevertheless, it would be a sizeable addition, adding significant
mass to the side of the original structure. Due to its substantial width, height and
depth, the proposed development would appear as a dominant addition, adversely
affecting the balanced, symmetrical built form of the pair of cottages.
11. In addition, whilst the porch would be retained, its repositioning to the front of the
dwelling would cause further harmful erosion to the architectural uniformity of the
building and the loss of this key side design feature which is particularly evident in
views when travelling westbound along the road. The roof tiles and joinery would
match the ones on the existing property, but the proposed decorated render walls
would appear discordant with the Suffolk Gault white brick cottage walls.
12. For these reasons, the proposal would cause moderate harm to the significance of
the NDHA. In such circumstances, Policy HE7 of the Framework states that this
harm should be weighed against the benefits of the proposal. The appeal scheme
would increase the accommodation within the dwelling, meeting the needs of the
appellants’ family. However, when taking a balanced judgement having regard to
the significance of the NDHA, I find the scale of harm unacceptable.
Appeal Decision 6010281
3
13. Consequently, I conclude that the proposal would harm the character and
appearance of the area, including the significance of a non-designated heritage
asset. This would be contrary to Policies SP09, LP19 and LP24 of the JLP.
Amongst other things, these seek to conserve the historic environment, including
heritage assets and require new development to respond to and safeguard the
existing character. It would also conflict with Policies DP3, HE4 and HE7 of the
Framework, which set out the approach towards NDHAs and require proposals to
respond to their context so that they integrate with their surroundings.
Protected Species
14. Bats are a European Protected Species, protected under the Wildlife and
Countryside Act 1981 and the Conservation of Habitats and Species Regulations
2017. In addition, public authorities have a statutory duty to conserve biodiversity
under the Natural Environment and Rural Communities Act 2000.
15. I note that the Framework’s decision-making policies seek only the minimum
necessary information requirements to enable a decision, and that this should be
proportionate to the scale of development and its potential impact.
16. Nevertheless, the government’s standing advice in relation to bats states that
developers should submit information with their planning application on how their
proposal avoids or mitigates harm to bats. Further, the government advice for local
planning authorities on protected species and development outlines the need to
consider the full impact of the proposal on protected species before granting
planning permission. It indicates that planning conditions that ask for surveys
should not usually be attached.
17. The appellants’ Bat Survey includes the results of a scoping survey carried out on
26 January 2026. This indicates that the appeal building provides features suitable
for bats and a small number of old bat droppings were found in the roof void. It
outlines that the property has moderate suitability for roosting bats and
recommends that at least two bat emergence surveys should be undertaken
between May and August.
18. However, no details of bat emergence surveys have been submitted. In the
absence of this information, the presence of roosting bats cannot be ruled out, and
I cannot be certain as to the extent to which they may be affected. Furthermore, if
protected species were affected, I cannot be certain as to what mitigation if
appropriate, in addition to bat-friendly lighting, may be required.
19. Therefore, I conclude that there has been a failure to demonstrate that the
proposal would not harm protected bats. This would conflict with Policies SP09
and LP16 of the JLP where they seek to conserve the natural environment,
including priority species. It would also be contrary to Policy N2 of the Framework
where it seeks to minimise any adverse impacts on biodiversity.
Other Matters
20. The Council did not find harm or development plan conflict in relation to several
other matters, including impacts on designated heritage assets, flood risk, living
conditions, highway safety and landscape. However, even if I were to agree with
the Council on these points, the absence of harm would be a neutral matter which
would not carry weight in favour of the proposed scheme.
Appeal Decision 6010281
4
Conclusion
21. For the reasons given above, the proposal conflicts with the development plan as
a whole and the material considerations, including the Framework, do not indicate
that the appeal should be decided other than in accordance with it. Therefore, the
appeal should be dismissed.
A Wright
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.