Proposed single storey extension to existing dwelling and provision for a new parking area
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Character & Appearance
Conversion/Use
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 17 September 2026
by Eleni Marshall BSc (hons) MSc FRICS FAAV MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28 September 2026
Appeal Ref: 6013317
Lodge Farm, The Sheeling, Overton, Ibstock, Leicestershire, LE67 6PD
• 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 Elaine Cantwell against North West Leicestershire District Council.
• The application Ref is 26/00196/FUL.
• The development proposed is proposed single storey extension to existing dwelling and provision for
a new parking area.
Decision
1. The appeal is allowed, and planning permission is granted for proposed single
storey extension to existing dwelling and provision for a new parking area at Lodge
Farm, The Sheeling, Overton, Ibstock, Leicestershire, LE67 6PD in accordance
with the terms of the application Ref: 26/00196/FUL and the plans submitted with it
subject to the following conditions:
1) The development hereby permitted shall be commenced before the expiration of
three years from the date of this permission;
2) The development hereby permitted shall be maintained in accordance with the
following approved plans: location plan 27 01 26 drwg no 001 Rev A, proposed
site plan 09 02 25 drawing no 002 Revision A, proposed elevations 02 02 26
drawing no 006 and proposed floor plans 27 01 26 drawing no 004;
3) Prior to their installation/use on site details/samples of the materials to be used
in the construction of the external surfaces, windows and doors of the extension
hereby permitted shall be submitted to and approved in writing by the local
planning authority. The development shall be carried out in accordance with the
approved details/samples.
Procedural Matters
2. Since the determination of this application, and submission of this appeal, the
Government issued the new revised version of the National Planning Policy
Framework 2026 (the Framework). The appellant has provided a supplementary
document/further commentary relating to these changes which I have taken into
consideration.
3. I have utilised the Council’s description of the proposal as it describes the proposal
more concisely.
4. This appeal is accompanied by an application for costs. This is subject to a
separate decision.
Appeal Decision 6013317
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Main Issue
5. The main issue is the impact of the proposal upon the character and appearance of
the existing converted dwelling and its plan form.
Reasons
6. The appeal site stands within an agricultural and rural landscape where the Council
outline that traditional agricultural buildings are typically of brick and tile
construction and of simple linear form with some being arranged in a courtyard
such as the adjacent properties at former Lodge Farm. The host dwelling is a
converted brick and slate tiled farm building of linear form comprising two
connected single storey elements with one having larger proportions. The
conversion of the building, by virtue of planning permission 13/00284/FUL, has
retained the simplicity of the built form, utilising the footprint of the original building
as well as utilising existing openings. The host dwelling does, overall, reinforce the
rural character of the building and clearly reads as an agricultural conversion.
7. The proposal that is before me seeks planning permission for an extension that
would project centrally from the existing linear building, in a south westerly
direction, which would create a T-shape. The top of the T-shape, of the extension
itself, would represent the largest element of the extension and would have
proportions to match the larger element of the host dwelling at a length of in the
region of 6.7 metres. The eaves and ridge height would match that of the larger
part of the existing building presenting a side gable of similar proportions. The
extension would be connected to the host dwelling by a link extension which would
be in the region of 5 metres with a width in the region of 4.2 metres and a shallower
roof pitch with the ridge set below the ridge of the existing dwelling.
8. Both parties are in agreement that the proposal would represent an extension of
subservient scale in terms of footprint (as a single storey extension to a single
storey dwelling). National Decision-Making Policy S5 relates to the principle of
development outside settlements. It states that certain forms of development
should be approved outside settlements as set out within the list from a) to j)
(inclusive). The listed developments should be approved, unless the benefits of
doing so would be substantially outweighed by any adverse effects, when assessed
against the National Decision-Making Policies in the Framework. Of relevance to
this appeal is S5 1 c) ...extension, alteration… of an existing building, provided that
the existing building is of permanent and substantial construction, is lawful in
planning terms, and any extension or alteration would not result in a
disproportionate increase in size compared to the existing building.
9. For the purposes of this assessment the Framework defines, in footnote 25, the
existing building to be assessed as the property as existing on the date of the
publication of the Framework. The host dwelling, as it stands, is therefore the
existing building for the purposes of this assessment and it is evident that the
building is of permanent and substantial construction and lawful in planning terms.
Based upon the evidence before me I do not find that the proposal would result in a
disproportionate increase in size compared to the existing building. Based upon
National Decision-Making Policy S5 therefore, the proposal should be approved,
unless the benefits of doing so would be substantially outweighed by any adverse
effects, when assessed against the National Decision-Making Policies in the
Framework.
Appeal Decision 6013317
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10. The Council’s refusal reason is based upon their assessment finding that the T-
shaped design would be at odds with the simple linear form of the existing building
and appear as an incongruous addition. The centrality of the proposed projection is
stated to add to inappropriateness as an incongruous form which would detract
from the traditional character and appearance of the host dwelling and fail to secure
a sensitive addition to the historic plan form. The design of the proposal would, to
an extent, be at odds with the existing linear form, however, I do not find that this
would be inappropriate. The overall design and use of materials would result in
sufficient contrast that would enable the original, historic, linear form to be clearly
legible as part of the evolution and extension of the site as proposed.
11. I consider the proposal to be in proportion with the host dwelling and of a character
and design which, whilst of a differing design and proposing alternative materials,
would be subservient to the host dwelling providing a clear legibility and separation
between old and new. In this case, the appellant has provided clear, and
consistent, commentary as to the design philosophy and in this case the proposal
provides an efficient central connection appropriate to the existing accommodation
and avoids weakening the architectural hierarchy as a result of attempts to
reproduce historic brickwork, openings or detail which would likely, comparably,
obscure the chronology of the host dwelling and any extensions.
12. The elevations of the proposal would be finished externally with timber cladding
with a slate roof covering, for the larger section, and metal sheet cladding to the link
section. The Council outline that metal sheeting was present on the smaller section
of the building historically but consider the use of timber cladding to not respect the
character of the building given its traditional brick and tile construction. Whilst I
acknowledge that the proposed timber cladding would be a contrast to the existing
brick elevations for the reasons set out above, I find that this alternative material,
still appropriate for a rural area, would positively provide clear legibility between old
and new preserving the significance of the originally converted building.
13. The fenestration within the extension would be varied, however, I do not find that
the inconsistency would be inappropriate given that proposed extension is to be
more contemporary in design. The fenestration would be out of keeping with the
simplicity of the approach to fenestration used in the conversion of the original
building, however, the fenestration in the conversion was specifically designed to
utilise existing openings and I find that the contrast in fenestration positively
contributes to the overall proposal reading as a modern, later, addition to the
original form. The existence of an alternative design does not in itself justify refusal
and for the reasons set out, consideration should be given as to whether the
proposal would give rise to unacceptable planning harm. In this case, for the
reasons set out, I find the clear legibility and separation between old and new to be
acceptable and appropriate. I do not find that the benefits of the proposal would be
substantially outweighed by any adverse effects.
14. I note commentary regarding planning permission having been granted for a
detached car port position to the north of the dwelling; however, this was ultimately
discussed in relation to potential alternative locations for an extension during the
course of the application. Notwithstanding this I have considered the proposal as is
submitted before me on its own merits and consider the matter relating to the
detached car port to be of limited merit in any case due to finding the proposal
acceptable in the context of the host dwelling for the reasons set out above.
Appeal Decision 6013317
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15. Condition 4 of the original planning permission is stated by the Council to restrict
the enlargement, improvement or alteration of the dwelling but ultimately such
conditions are generally applied to prevent alteration of a building beyond the
control of the Council through utilisation of permitted development rights. It does
not prevent, or control, all future development which are to be subject to a specific
application, and grant of, planning permission as appropriate depending on the
merits of each case. Overall, I consider the proposed extension to be appropriately
subservient in scale and one which would provide clear visual legibility between old
and new. This legibility would respect the traditional character and appearance of
the existing converted dwelling and its plan form.
16. The proposal would be consistent with North West Leicestershire Local Plan 2021
Policy D1 which requires developments to be based upon a robust opportunities
and constraints assessment and be informed by a comprehensive site and
contextual appraisal. The proposal would also be consistent with the overarching
objectives of the Good Design for North West Leicestershire Supplementary
Planning Document 2026 which requires extensions to support the host building,
respond to the broader character of the building and have sympathy with elements
of the building as well as seeking to promote high-quality design.
17. The proposal would also be consistent with the overarching objectives of the
revised Framework with particular regard to National Decision-Making Policy S5
and National Decision-Making Policy DP3 which requires development proposals to
respond to their context so that they integrate with and enhance their surroundings
(with this policy also being clear that this should not preclude innovation or change
where appropriate).
Other Matters
18. As confirmed within the development description the proposal also includes
provision for a new parking area. The Council’s refusal reason is specific in being
based upon the proposed single storey element and does not raise any issue with
the provision of a new parking area. Based upon the information before me, and
my site visit, I have no reason to conclude differently on this element.
19. The Council state that the amended application site area includes some land that
was not included within the original application site. As noted by the Council, a red
line application area does not necessarily determine curtilage. For the avoidance
of doubt, I would clarify that the inclusion of the red line boundary in the plans to be
conditioned in allowing this appeal does not, in any way, allude to acceptance of
the red line boundary as determining the curtilage for the site going forward.
Conditions
20. The Council’s questionnaire does not suggest any new conditions. A time condition
is attached to comply with Section 51 of the Planning and Compulsory Purchase
Act 2004. A condition requiring the development to be in accordance with the
approved plans is required to control and define the development which is granted
consent. A materials condition requiring submission of samples of external
materials proposed, including windows and doors, is required to ensure an
appropriate finish notwithstanding the details indicated to date on the plans and
application form.
Appeal Decision 6013317
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Conclusion
21. For the reasons outlined above, and taking into account all other matters raised, I
conclude that the appeal should be allowed subject to conditions.
Eleni Marshall
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 17 September 2026
by Eleni Marshall BSc (hons) MSc FRICS FAAV MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28 September 2026
Costs application in relation to Appeal Ref: 6013317
Lodge Farm, The Sheeling, Overton, Ibstock, Leicestershire, LE67 6PD
• The application is made under the Town and Country Planning Act 1990 (as amended), sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Elaine Cantwell for a full award of costs against North West
Leicestershire Council.
• The appeal was against the refusal of planning permission for proposed single storey extension to
existing dwelling and provision for a new parking area.
Decision
1. The application for an award of costs is dismissed.
Reasons
2. The Planning Practice Guidance (PPG) advises 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. The PPG
makes it clear that a Local Planning Authority (the Council) is at risk of an award of
costs if it fails to produce evidence to substantiate each reason for refusal on
appeal and/or makes vague, generalised, or inaccurate assertations about a
proposal’s impact which are unsupported by any objective analysis.
3. The appeal followed the refusal of permission on 16 July 2026 for a proposed
single storey extension to existing dwelling and provision for a new parking area.
There was a single reason for refusal which was concerned with impact of the
proposal upon the character and appearance of the existing converted dwelling and
its plan form. My decision, which accompanies this costs decision, disagreed with
the Council’s decision, and allowed the appeal.
4. The appellant’s application for costs is, initially, made on the basis of a full award of
costs on the basis that the appellant submits that the Council failed to engage with
drawn and quantified evidence, maintained its objection without explaining why
evidence was incorrect or immaterial, introduced detailed materials and
fenestration concerns which had not been raised during the application, failed to
consider whether materials could be resolved by condition, failed to particularise
the alleged defect in the fenestration and stated that the amended plans were not
forthcoming without acknowledging the detailed investigation undertaken by the
appellant. The appellant submits that, alternatively, a partial award relating to the
additional work required to address the unconsidered layout evidence, materials,
fenestration and Council’s account of the application process should be awarded.
5. Based upon the submissions before me it is evident that the parties were not,
regardless of the suggestions and evidence submitted by the then applicant, going
Costs Decision 6013317
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to agree as to the suitability or location of the proposed extension. The Council
expressed a clear preference for an extension to be repositioned at the
northwestern end of the barn; however, this was unacceptable to the appellant for
the reasons which were set out with their submissions. Regardless of a
consideration of alternative proposals, the Council’s refusal reasons were based
upon concern as to the impact of the proposal upon the historic linear form
combined with concerns as to the proposed materials, overall design and
fenestration. Design is, ultimately, subjective and in this case, whilst I did not agree
with the Council’s determination, I find that the delegated decision that supported
the final decision notice was accompanied by appropriate reasoning and objective
analysis as to how the Council arrived at their stated reason for refusal.
6. I do not find that the alleged harm was expressed in general terms. The Council
discussed the evolution of the existing conversion with specific reference to their
concern as to the location, design and form of the proposal. In relation to materials,
the Council have provided clear reasoning as to their opinion on such matters and
even if materials could have potentially been dealt with via condition, it is evident
that the issue raised with regard to materials or fenestration were not the only
determinative issue that resulted in refusal of the proposal. The proposal would still
have been refused due to the location of the extension and general design which
would have resulted in the proposal being brought to appeal as a result of the
appellant disagreeing with the Council’s assessment in that regard.
7. In relation to the fenestration, the Council identified the issues which formed the
basis of their refusal of the proposal as a result of their assessment and planning
judgement. The report clearly described, and considered, the fenestration
treatment with reference to their opinion that it would have been inconsistent and
out of keeping with the simplicity of the approach to fenestration used in the
conversion of the original building. Matters relating to the fenestration are,
therefore, as with other design matters, subjective and I find that, in this case, the
Council were clear as to the reasoning for their determination on such matters and
they are entitled to come to a differing conclusion to the applicant.
8. I note the appellant’s comments regarding the Council stating that they acted
proactively and that amended plans were not forthcoming. The full application
history is acknowledged, as outlined by the appellant, but in this case, it is evident
that amended plans would not have been received that the Council would have
accepted, for the reasons outlined by the appellant within the appeal. It is evident
that the appellant had undertaken substantial work to investigate to respond to the
Council’s suggestions. This is documented, and has been appropriately taken into
account, within the Council’s delegated report which sets out the Council’s
reasoning for disagreement and, in turn, refusal of the proposal.
9. Ultimately, I find that this proposal ending up at determination via appeal was as a
result of a clear difference of opinion between the parties as to the location and
positioning of the proposed extension and the contrast to the type of host building
in this case. Both parties set out their reasoning for their preferred location and in
this case, I find that the Council have clearly engaged, to an appropriate extent,
with the then applicant during the appeal process but ultimately the Council are
within their rights to come to a differing conclusion as to the suitability of the
proposal desired by the appellant. There is no evidence before me to suggest that
the Council acted unreasonably and whilst there was a difference in opinion, the
Costs Decision 6013317
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Council have set out their reasoning, and analysis, of the site in arriving at the
stated refusal reason within the decision notice.
10. Design can, to an extent, be subjective. I find that there was a reasonable basis for
the stance with regard to the Council’s opinion as to the impacts of the proposal
which were utilised for the refusal reason. Whilst it can be seen from my decision
that I disagreed with the Council, and allowed the appeal, I cannot agree that the
Council has acted unreasonably in this case, nor that their behaviour resulted in an
unnecessary cost coming to appeal or that the actual refusal given by the Council
was unreasonable. The level of assessment was appropriate with regard to
general commentary, reference to policies and supporting guidance of relevance.
Conclusion
11. I do not therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the Planning Practice Guidance, has been
demonstrated and a full award of costs is unjustified.
Eleni Marshall
INSPECTOR
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