Appeal 3331861

Appeal A and Appeal B are dismissed insofar as they relate to condition No 1 clauses (i) and (ii); condition No 1 clause (viii) and condition No 2 (in so far as they both relate to garage doors); condition No 1 clause (x); and condition No 3.

Appeal A and Appeal B are allowed insofar as they relate to the removal of condition No 1 clauses (ix) and (xi); the removal of condition No 1 clause (viii) and the revision of condition No 2 (insofar as these both relate to windows and pedestrian doors); the revision of condition No 5; and the removal of condition No 6; and planning permission is granted for change of use of factory and office Appeal Decisions APP/K0940/W/23/3331861, APP/K0940/W/23/3334622 buildings to 2 No residential dwellings at [site address] , Alston [postcode] in accordance with the terms of the application, Ref 22/0582, and the plans submitted with it, so far as relevant to that part of the development hereby permitted and subject to the conditions in the attached Schedule of

The appellant has lodged 2 No appeals which relate to the same permitted scheme for the conversion of a former commercial building into 2 dwellings. These appeals relate to a dispute over conditions attached to planning permission 22/0582 which permits the variation of condition No 2 of planning permission Ref: 19/0604.

During my site visit, I observed that works were underway for the conversion of the appeal property into 2 dwellings. Amongst other things 3 No roof lights had been installed in Unit 1; a rendered finish applied to the exposed section of the ground floor frontage of the appeal building and colour-coated roller garage doors, composite front doors and PVCu double-glazed windows and rear doors installed.

Through Appeal A the appellant seeks: • to vary condition No 1 so that it refers to a different version of the location plan (clause i); site plan (clause ii); and structural survey (clause xi) as approved documents; • to vary condition No 1 which seeks to control the required design details of the rooflights to ‘Unit 1’ through clause (x); • the removal of condition No 3 which seeks to control the external finish of the exposed ground floor frontage of the Unit 1; • the removal of condition No 4 which places limitations on the hours of construction activities; • the removal of condition No 5 which seeks to secure the provision and retention of arrangements for access and turning; and • the removal of condition No 6, which seeks to secure the provision and retention of pedestrian visibility splays.

From the evidence before me, Appeal B clearly seeks permission to carry out development without complying with condition No 1 (clauses viii and ix) and condition No 2. Collectively, these conditions seek to manage the design details and materiality of the windows and external pedestrian and garage doors for both units. In view of the grounds by which Appeal B is made, my assessment is based upon the written evidence as well the works already undertaken relating to the specific components of Appeal B.

I note that clause (viii) of the relevant planning permission Ref: 22/0582 (the parent permission) is repeated twice within the decision notice, firstly in regard to casement windows and then secondly, in regard to side hung doors. It is clear from the appeal submission that the appellant is pursuing both matters and I distinguish between these elements, where necessary, for the avoidance of any doubt. Appeal Decisions APP/K0940/W/23/3331861, APP/K0940/W/23/3334622

To avoid any repetition and given that these appeals relate to the same parent permission, I have dealt with both appeals within a single decision letter. As the disputed conditions are clearly severable from one another, I have reached a conclusion on each in turn within my Decision. A final set of conditions which reflect my findings is attached to this Decision.

The appeal site is located within the Alston Conservation Area and forms part of the setting of neighbouring [name]* listed [address]. Therefore, in reaching my decision I have exercised my statutory duties in respect of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act). 10.The appeal site is also located within the North Pennines Area of Outstanding Natural Beauty, now a National Landscape and address this matter latter.

The development hereby granted shall be carried out in accordance with the drawings hereby approved unless otherwise indicated: i) Location Plan (L1) received 15 August 2019 ii) Site Plan (S1 – Rev 1) received 14 October 2019 iii) Plans as [name] (22/887/15 rev C) received 29 August 2023 iv) Plans as [name] (22/887/14 rev C) received 29 August 2023 v) Plans as [name] and Roof Plan (22/887/13 rev D) received 29 August 2023 vi) Elevations as [name] and [name] (22/887/16 rev C ) received 29 August 2023 vii) Roof lights to unit 1 (D4) received 15 August 2019 viii) Sections as Proposed (22/887/17 rev A ) received 29 August 2023 ix) [name] and Risk Assessment received 15 August 2019 x) Heritage Statement received 15 August 2019 xi) Design and [name] received 15 August 2019

Notwithstanding the details shown on the approved plans, prior to the first occupation of either new dwelling, garage doors shall be installed in each garage door opening which are constructed from painted timber vertical planks. The precise details for all of these doors, including their design, any glazing, means of hanging and opening, shall have first been submitted to and approved in writing by the Local Planning Authority prior to their installation. The garage doors shall not open in a manner that would obstruct the visibility sight splays shown on [name] S1-Rev1.

The external treatment of the rendered façade at ground floor level facing [site address] shall be agreed in writing with the Local Planning Authority and implemented in accordance with those approved details prior to the first occupation of the northern dwelling.

Construction works shall be carried out only between 0800 – 1800 hours Mondays – Fridays; 0900 – 1300 hours on Saturdays and there shall be no activity on Sundays and [name].

The dwelling shall not be occupied until the proposed vehicular access and turning area are first available for use in accordance with [name] S1-Rev1. END