Appeal 3301002

The appeal is allowed and planning permission is granted for retrospective planning permission for open gazebo structure at the rear of [site address] in accordance with application ref: UTT/21/3534/FUL dated 27 April 2022 subject to the following standard conditions to ensure consistency with the approved plans and to ensure suitable materials are used: i) The works hereby permitted shall be carried out in accordance with the approved plans; PC0743 dated 27.04.2022 ii) Samples of the materials to be used on the external finishes shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and permanently maintained as such.

The main issue is the effect of the proposal upon the setting and significance of the historic environment including the [site address] Conservation Area and the Grade II Listed [site address] .

The appeal property is a Grade II Listed cottage within the [site address] Conservation Area. The property sits along the main village street, opposite the village green and contributes in a positive manner to the character and appearance of the Conservation Area as a whole. This contribution is reflected in the building’s Grade II Listed status and the fact that [site address] exhibits high levels of vernacular character defined through its 17th century timber frame construction including the use of locally distinctive materials and Appeal Decision Appeal Ref: APP/C1570/D/22/3301002 features, all of which are significant to the building’s evidential, architectural and aesthetic heritage values.

It appears that [site address] was once part of the same property as its adjoining neighbour before being subdivided and enlarged from a single storey thatched building to the two semi detached houses we see today. This subdivision is reflected in the long, thin rear garden of the Appeal property that narrows as it heads away from the house.

The rear garden contains a small flat roof brick structure and garage and is set well down from the level of the main village street. As a result the rear gardens of these properties are perhaps more visible than those of most other houses in the village. Nevertheless, I saw on my site visit that ancillary outbuildings, garages and other structures are a relatively common occurrence within the Conservation Area and are visible from farther afield.

The scheme before me is to regularise the erection of an open sided, timber frame gazebo type structure that is located beyond the existing brick outbuilding to the property’s rear garden. The gazebo is currently unfinished but would be an outdoor garden space that would also allow enough head room to comfortably walk through the structure to access the rest of the garden beyond.

In considering this scheme Sections 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires me to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. Section 72 of the same act also requires me to give special attention to the character or appearance of the [site address] Conservation Area. Paragraph 193 of the National Planning Policy Framework (NPPF) also states that when considering the impact of proposed development on the significance of the heritage asset, ‘great weight’ should be given to the asset’s conservation.

In assessing this proposal I notice that the top of this structure is visible from some areas. I also have evidence before me that the structure can be seen from the rear garden of the neighbouring property at The Garth. I consider that the only significant public view is from [site address] itself however. From this raised level the top slope of the structure is visible although it is somewhat shielded by the painted brick outbuilding. As such apart from the dark roofing material the structure is not overly noticeable from [site address] .

From the photos that I have seen from The Garth, the proposal would perhaps be more visible from the garden area of this property. There is a change of level between these two properties however and the introduction of this structure has therefore introduced change into the private view that residents of The Garth have. Despite this, I do not consider that the structure has resulted in any significant harm to the character or appearance of the Conservation Area or to the wider setting of The Garth itself because of this change. As such the character of the area is preserved.

In terms of the impact of the proposal upon the significance of [site address] itself, the proposal has introduced something of a large structure within the narrow garden of the Listed Building and one is unable to move through the Appeal Decision Appeal Ref: APP/C1570/D/22/3301002 garden without going through this edifice. However, the structure is clearly separate from the Listed Building and through it standing behind the painted brick building, it would maintain a decent separation visually at least that would not be harmful.

I noticed also that the gazebo structure did echo traditional joinery techniques through its use of a pitched roof and braced posts. Despite these materials being thoroughly modern, I consider that they do echo something of the traditional pattern book of materials to be found locally. Moreover, although I would not expect this structure to be a wholly permanent feature, I saw on my site visit that it has perhaps allowed the garden of the Listed building to be used in a productive manner. The use of the garden being somehow compartmentalised with suitable foliage and planting has therefore resulted in an important addition to what must be quite a constrained cottage otherwise.

As a result, I consider that there would be some benefits to this proposal in making the Listed Building and its garden somewhat more adaptable and useable for occupants both now and into the future and I consider that these constitute public benefits for the purposes of The Framework.

In light of this I consider that it would be prudent to follow the Conservation Officer’s recommendation for the building to be clad in natural slate and painted black. However, on the whole, I consider that the setting and significance of the Listed Building, together with the character and appearance of the [site address] Conservation Area have been preserved through this proposal.

As such I consider that the ancillary nature of the structure is complimentary and suitably ancillary to the historic environment and that the proposal before me would meet the criteria set out in The Framework as well as Policy ENV2 of the Uttlesford Local Plan (2005).

For the reasons given above, and taking into account of all other matters raised, I allow the appeal subject to the conditions set out above.