Appeal 3298687

An application for an award of costs was made by [name] against Torbay Council. This is the subject of a separate Decision.

The appeal is dismissed.

The main issue is the effect of the proposed extension on the character and appearance of the host dwelling and the character or appearance of the Roundham and Paignton Harbour Conservation Area, a designated heritage asset.

The appeal scheme seeks to add a single storey rear extension with a balcony, that combined with the elevated siting of the dwelling would afford views over bay. For the appellant it is argued that the structure would replace two existing extensions that are not part of the original building and in any event, despite being thatched, are of poor quality. By way of contrast, the proposed addition would be of high standard and be seen only to a very limited extent from the public realm – this being demonstrated by half a dozen photographs of the existing building from aspects on all sides of the building.

However in my assessment, and as regards the addition being seen, the dwelling itself is highly prominent because of its elevated position close to the seafront and harbour. I acknowledge that as a single storey the proposal would for the most part not be visible. On the other hand the balcony and incidental paraphernalia that facilitates its use would be seen from the vantage points illustrated in several of the images within the appeal statement.

Bearing in mind the dwelling’s coastal position and that any views would be more glimpses than those that draw the eye, I do not consider that this public perception would be perceived as incongruous or harmful. However, the more salient point is that made by the officer in email correspondence with the appellant’s architect. This is that the effect of development on the significance of the Conservation Area as a heritage asset relies on more than elements that can be seen from the public realm. It additionally embraces the erosion of all features that make a positive contribution to its character or appearance and their replacement by less sympathetic alterations and additions, irrespective of their prominence or visibility.

In this case I consider the combination of the contemporary balcony design and the full height glazed [name] would appear unsympathetic to the existing building. The development would represent an unacceptable imbalance between on the one hand the appellant’s understandable desire to take advantage of the seaward outlook, and on the other hand the need for a scheme that would maintain the important contribution of a traditionally designed ‘key building’ to the conservation area.

Accordingly, the proposed development would fail to preserve the character and appearance of the Harbour Conservation Area and have an incrementally adverse effect on its significance. As such it would be in harmful conflict with Policies DE1, DE5 & SS10 of the adopted Torbay Local Plan 2012-2030; Policy PNP1(c) of the Paignton Neighbourhood Plan, and Section 16 of the National Planning Policy Framework 2021.

As regards the latter, the proposal would result in less than substantial harm to the significance of the designated heritage asset. However, in my view there would be no public benefit in this case that would outweigh the harm caused.

For the reasons explained, the appeal is dismissed.