Appeal 3360401

The appeal is allowed and planning permission is granted for single storey rear extension at [site address] , [site address] , [site address] , Blackwater, Cornwall [postcode] in accordance with the terms of the application, Ref PA24/07415, 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: Plan 01 Location Plan; [name]. 1348_102 Block Plan; and [name]. 1348_101 [name].

All the trees and hedges to the north and west of the site as outlined by the red line on the block plan drawing no. 1348_102 and/or any trees and hedges whose canopies overhang the site shall be protected by strong fencing, the location and type to be previously approved in writing by the local planning authority. The fencing shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority.

Prior to the construction of the extension hereby approved above ground level details and/or samples of the materials to be used in the construction of the external surfaces of the extension shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

The hereby approved flat roof as identified on drawing no 1348_101 shall not be used as a balcony, roof garden or similar external amenity area.

The main issues are the effect of the proposed development on: • the character and appearance of the area with reference to the Cornwall and West Devon Mining Landscape World Heritage Site (WHS), including the effect on any non-designated heritage asset (NDHA). • protected species, specifically bats.

The appeal property comprises a detached dwelling located in a rural area off a private road. From the road, the dwelling is partly screened by fencing to its north facing elevation and by hedge and tree planting to its west facing elevation. [site address] is a two-storey dwelling set in its own grounds.

The proposed development would add a single-storey extension to the rear elevation to create an additional bedroom. The extension would be finished with render facing materials under a flat roof.

Local planning authorities may identify non-designated heritage assets as part of the decision-making process on planning applications. As such, even though the property has not been added to any local list, it is relevant to consider this matter.

[site address] is an attractive historic dwelling that appears on historic maps of 1875-1901. It likely occupies an historic mineworker’s smallholding within the WHS. The WHS is a designated heritage asset of the highest status, and mineworker’s smallholdings are an Attribute of the WHS’s Outstanding Universal Value (OUV). In these circumstances, I agree with the Council that [site address] is a NDHA.

The dwelling has had a subsequent addition to its frontage comprising a flat roofed block rendered and painted extension with UPVC fenestrations and openings and a pitched roof stone face side extension. The original building benefits from UPVC windows and doors under a new roof.

[name] acknowledge that a pitched roof extension would better reflect the host building, it already benefits from a flat roof extension. Given the height of the existing building and flat roofed nature of the proposal, it would appear subservient to the main dwelling and appear as an obvious addition that would not undermine the character or appearance of the original building. Furthermore, the addition of a pitched roof would either be of a very shallow pitch to fall under/into the existing eaves level or would be taller and cut across the eaves. These options would make the extension more prominent and be at odds with the pitch and design of the original host building.

In light of this and given that the extension would be well screened from neighbouring properties and from the private road by virtue of fencing and existing hedge and tree planting, I do not find harm to the host dwelling or wider area. It is noteworthy that the Cornish Mining World Heritage Site Office came to a similar conclusion with regard to harm to the WHS.

I have had regard to the Council’s concerns regarding the location of a tree within the west boundary not being within the ownership of the appellant, to its screening of the proposed extension changing over time and to the hedgerow to the west of the site having less height. However, even if the tree and hedgerow were to be felled or provide less screening in winter months, given the size and height of the proposed extension it would be viewed against the existing rear elevation and as such would not be harmful to the host dwelling or wider area.

I have also had regard to the comments from the Council in relation to the proposed rendered finish. [name] accept that the use of a modern flat rendered and painted finish would be at odds with the host dwelling, should I allow the appeal, a condition could be imposed to ensure the submission and approval of a more appropriate render finish to match the host dwelling.

It follows from the above that I conclude, subject to a condition, that the proposal would not harm the character and appearance of the area with reference to the WHS and [site address] as a NDHA. As such it complies with Policies 1, 2, 12 and 23 of the Cornwall Local Plan Strategic Policies 2010 – 2030 (CLP), policies HE1 and HE4 of the Chasewater Neighbourhood Development Plan 2017-2030 (CNP) and Policy C1 of the Climate Emergency Development Plan Document 2023 (DPD). Amongst other things, these seek to achieve sustainable development, ensure that design is of a high quality of an appropriate scale, layout and mass and sustain local distinctiveness and character.

The evidence before me indicates that the host dwelling was constructed pre-1914 and from my site visit I observed that the site is located close to woodland.

In such circumstances, the Council’s Ecology Trigger List ([name]) requires that associated planning applications are accompanied by a [name] and Assessment; including a [name]

Bats are protected by law and their presence is a material consideration when a development proposal is being considered which would be likely to result in harm to the species or its habitat. There is a statutory duty on me to have regard to the conservation of biodiversity.

However, I noted at my site visit that the extension would not necessitate the removal of any trees or significant planting and would be located on part of the open garden to the rear of the dwelling. Furthermore, given its height, it would not necessitate any work to the existing eaves or roof of the dwelling.

As a result, and given the presence of an existing opening to the west elevation, I cannot conclude that there is a reasonable likelihood that the extension would result in any harm to bats.

I therefore conclude that the proposal would not have a harmful effect on protected species, specifically bats. As such, it complies with Policy 23 point 3(d) of the CLP Policy C1 of the DPD and Policies BI01, BI02 and Bi04 of the Chasewater Parish Neighbourhood Plan 2018-2030. Amongst other things, these seek to avoid adverse impacts on UK protected species and conserve and enhance our natural environment. For the same reasons, the proposal would comply with the provisions of Chapter 15 of the Framework that seeks to conserve and enhance the natural environment.

In addition to the standard time condition, a condition is required to ensure that the development is carried out in accordance with the approved plans in the interest of certainty.

A pre-commencement condition is required to ensure that boundary planting close to the extension is protected during construction in the interests of protecting the character and appearance of the area. The Council have suggested that the condition require the submission of a landscaping scheme but given the location of the site and adjoining trees and hedges, this is not necessary or reasonable.

A condition is necessary to ensure the submission and approval of external materials in light of my findings above. This is required in the interests of protecting the character and appearance of the area and host dwelling.

The Council have suggested a further condition to ensure that the roof area of the extension is not used as a balcony, roof garden or similar. [name] consider that such a condition is necessary to protect the character and appearance of the area and host dwelling, it is not required in order to protect the living conditions of the occupiers of [address] given its distance from the extension with intervening planting. I have amended the wording of the condition in the interests of brevity.

For the reasons given above the appeal should be allowed.