Appeal 3300267

The appeal is allowed and planning permission is granted to upgrade of a conservatory using the existing base at [site address] in accordance with the terms of the application, Ref 21/34026/HOU, dated 14 March 2021, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan; 2021:44:01A; 2021:44:02A; [address] of [name]; [address] of Opening and [name] ([name]); 60mm [name] – Fixed; 60mm [name] – Opening and 75mm [name] – Opening.

The materials to be used in the construction of the external surfaces of the walls of the development hereby permitted shall match those used in the existing building.

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

It is considered that the main issue is the effect of the proposed development on the character and appearance of the surrounding area.

The appeal property is a semi-detached dwelling constructed in the mid-1920s situated within the [address] Village Conservation Area where there is a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of that area. This duty is echoed in Policies N1 and N9 of The Plan for Stafford Borough (LP), including that the design of development must have regard to the local context, including heritage assets. Further, the potential loss of, or harm to, the significance of a heritage asset, including its setting, will require clear justification taking into account, amongst other matters, materials.

[address] Village Conservation Area Character Appraisal (the Appraisal) identifies that the area’s heritage significance is principally associated with it being an example of a model housing scheme adopting ‘Garden City’ ideals. There is a formal layout pattern book of house or bungalow types with a uniformity of materials and Arts and Crafts details. The streetscene includes large front gardens usually with front walls, which together with street trees and green spaces, provide a spacious and verdant character and appearance. The landscape gardens also positively contribute to this character and appearance.

The appeal property is a semi-detached dwelling sited at a road junction and faces towards an area of formal open space. By reason of siting and scale, this pair of semi-detached dwellings is a prominent feature within the streetscene. [address], the rear elevations of these dwellings can be glimpsed, including parts of the existing single storey uPVC conservatories.

When standing in the property’s garden, there are other rear additions to the neighbouring dwellings, including uPVC conservatories of varying designs and sizes. The planning histories of some of these additions have been provided.However, this appeal has been determined on its own circumstances rather than reliance being placed upon other approved or refused similar proposals within the Conservation Area.

The proposed development includes the replacement, on the same footprint, of the property’s existing uPVC conservatory by a new uPVC conservatory of a different design. The existing conservatory was erected as permitted development prior to the designation of the Conservation Area and its existence attracts substantial weight in the determination of this appeal. The evidence indicates that the Article 4 Direction limiting some permitted development rights does not apply to the rear of dwellings.

By reason of planning permission being required, it is necessary to assess the appeal scheme against the policies of the development plan, including [name] N1 and N9, and the statutory duty associated with proposals in Conservation Areas. In making such an assessment it is also appropriate to consider the effect of the existing and proposed conservatories on the character and appearance of the Conservation Area.

Within the Appraisal, there is no specific guidance concerning the design of conservatories. There is reference to changes to windows and doors but this section is focused on the openings within the dwellings rather than being specifically concerned with the design and appearance of conservatories. The Council’s Design Supplementary Planning Document (SPD) includes a section about design within conservation areas but this also does not specifically refer to conservatories.

In this case, the appeal scheme would replace a conservatory of a similar scale which, although erected under permitted development, exists and existed when the Conservation Area was designated. Although the profile of uPVC windows would be wider than timber frames and there is an absence of glazing bars, the proposed design includes windows which would be smaller in size than the existing glazed panels. This change to the fenestration would represent an improvement in the design and appearance of the current conservatory. The appearance of the appeal scheme, whether the glimpsed views from [address] or those from neighbouring dwellings, would not be materially different from those that currently exist. Further, the siting and scale of the proposed conservatory would not detract from the verdant and spacious character and appearance of the Conservation Area

The proposed fenestration would not be a sufficient reason to assess that the appeal scheme would enhance the character and appearance of the Conservation Area. However, by reason of what currently exists, the proposed conservatory would have a neutral effect on the heritage significance of the Conservation Area, in particular it would preserve the ‘Garden City’ ideals.

For the reasons given, it is concluded that the proposed development would not cause unacceptable harm to the character and appearance of the surrounding area and, as such, it would not conflict with [name] N1 and N9. Further, the planning circumstances of this appeal would not lead to an unwelcome precedent being established for the erection of other conservatories within the Conservation Area.

The Council has suggested several conditions in the event this appeal succeeds which have been assessed against the tests in the National Planning Policy Framework and the Planning Practice Guidance. For reasons of clarity, a condition is required that the proposed development is erected in accordance with the submitted drawings, including the design and appearance of the fenestration.

A condition has been suggested that the appeal scheme is erected in materials which match those of the host property but this should be limited to the walls rather than including the uPVC frame which is the subject of detailed drawings. This approach would remove the need for the approval of the facing brickwork suggested as a condition by the Conservation Officer.

Accordingly, and for the reasons given, it is concluded that this appeal should be allowed.