Appeal 3335268

The appeal is allowed and planning permission is granted for a single storey garden room outbuilding at [site address] , Liverpool, [postcode] in accordance with the terms of the application, Ref 23H/1242, subject to the following conditions:

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

The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan; Site Plan; [name]; [name]; Proposed Floor Plan; and Garden / Street Cross Section.

The proposed garden room hereby permitted shall be painted in dark brown.

The appellant has raised a number of concerns regarding the handling of the case and what he considers to be inaccuracies in the Officer’s report. These are matters that would need to be taken up with the Council in the first instance. In determining the appeal, I have only had regard to the planning merits of the proposal.

The reference in the description of development to the development being in the garden of the property is superfluous as it is not an act of development, so I have left it out of my formal decision.

The main issue in the appeal is the effect of the proposed development on the character and appearance of Woolton Village Conservation Area and the setting of the adjacent Listed Building.

The appeal site is located within Woolton Village Conservation Area and the host property is a Grade II Listed Building. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering whether to grant planning permission for development which affects a listed building or its setting, the decision maker shall have special regard to the desirability of preserving the building or its setting, or any features of special architectural or historic interest which it possesses. S72(1) of the Act requires special attention to be had to the desirability of preserving or enhancing the character and appearance of a conservation area.

The conservation area covers the historic core of Woolton village – a village with mediaeval origins which grew significantly during the industrial revolution and now forms part of the southern suburbs of Liverpool. [address] forms a transition within the conservation area between the main body of the village with its close urban grain and the open sylvan character of [name].

[address] is one of three dwellings set on the wide central vegetated area between the 2 carriageways. Due to their location these three properties are quite prominent and distinctive buildings in the area. The host dwelling is an attractive and well preserved building, whose significance lies in its architectural value and, as suggested by its name, its historic role as a lodge house to the adjacent woodland.

The proposed single storey garden room would be located in the north-east corner of the garden of the host property. Its size, materials and distance from the dwelling mean it would clearly be seen as an ancillary and subservient building that would not detract from, or compete with, the main dwelling. As typical of a building found in a garden it would not appear inappropriate, nor would it dominate the garden area. As such, I am satisfied it would not be detrimental to the setting of the listed building.

Due to the slightly sloping topography the northern side of the garden is higher than the adjacent road. As a consequence, the proposed garden room, unlike the existing garage and log store, would project above the adjacent boundary wall and hedge, and views of it would be possible from the public realm.

However, when approaching in either direction along [address], I observed that even with vegetation not in leaf, views of the proposed location are often restricted by the host property and /or vegetation and street furniture within the central reservation and garden. As a result, the proposal would not be a prominent feature or one that draws the eye. Contained within the boundary treatment around the garden and seen in views in the context of the host dwelling, it would not be detrimental to, or interrupt, views up and down [address].

Moreover, as the property and its garden are off set from [address] South, the proposal would not interrupt views from this road towards [name], albeit it may have some limited effect on some private views of the woodland area from one or two rooms on the ground floor of the adjacent nursing home. Generally, the open character of the garden would be retained and views across the site would still be possible.

The garden room would occupy a similar position in relation to the host property and within the garden to the garage of Woodleigh. This outbuilding also projects above this property’s boundary treatment and so is clearly visible from the public realm. As such, the location or presence of the proposed garden room would not appear an incongruous or alien feature.

Consequently, I consider that the proposed garden room would not have an adverse impact on the open and verdant character of [address] which is a significant characteristic of the southern part of the conservation area.

Therefore, overall, I conclude the proposal would preserve the character and appearance of Woolton Village Conservation Area and would not cause harm to the setting of the adjacent Listed Building. Accordingly, it would not conflict with Policies HD1 and UD1 of the Liverpool Local Plan 2013-2033 (adopted January 2022) which require that proposals which affect a designated heritage asset and its setting should seek to conserve the significance of the asset and that development should take into account local character and distinctiveness. The proposal would also comply with national policy as found in the National Planning Policy Framework.

For the reasons set out above, I conclude the appeal should be allowed.

In addition to the standard implementation condition, I have imposed a condition specifying the relevant plans as this provides certainty. In the interests of the character and appearance of the area, a condition to control the colour of the garden room is necessary.