Appeal 3366917

The appeal is allowed and planning permission is granted for a single storey detached swimming pool orangery at [site address] in accordance with the terms of the application, Ref 2024/4358/FULL, 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 drawing numbers 1589-23/06A, 1589-23/07A, 1589-23/08B, 1589-23/09.

The external materials of the development hereby permitted shall match those used in the existing dwelling.

No development shall commence until a scheme of landscaping has been submitted to and approved in writing by the local planning authority. The scheme shall include details of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development. All planting, seeding or turfing comprised in the approved landscaping details shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size or species.

The development hereby permitted shall be used only for purposes incidental to the enjoyment of the dwellinghouse as such and shall not be used for any trade, industry or other use whatsoever or as independent residential accommodation.

The main issue is the effect of the proposed development on the special interest and setting of the [name] listed building known as 39 Back Lane1 and the character and appearance of Hardingstone Conservation Area. 1 List entry number 1039772

The appeal site comprises the [name] listed building at [site address] (also known as [site address] ) and its garden. The building is a three storey dwelling situated at the northern corner of the appeal site. It dates from the early 19th century and is constructed from ironstone with a slate roof. The north elevation facing [address] is narrow with ashlar stonework and a rounded two storey bay. The west elevation facing into the site is longer and more irregular with a rougher arrangement of stonework and two later phases of extensions stepping down from [address]. An ornate cast iron veranda adjoins the gable end of the main building.

The listed building’s garden is extensive and wraps around the corner of [address] and the [address]. It has relatively few outbuildings although a long glasshouse is located a short distance to the west of the property. It is enclosed by a continuous boundary wall constructed of stone along the bottom third and red brick above, with mature trees behind much of this boundary. Due to the fall of land from south to north, the wall is over two metres at the junction between [address] and the [address], and around three metres along parts of [address]. The levels within the garden are generally higher than the road but drop towards the wall in the south-west corner where there is a neglected pond and a gap in planting.

The special interest and significance of the listed building is informed by its architectural and historic qualities as a high status property within the settlement but is also influenced by its setting. The garden due to its spacious, private and green qualities makes a positive contribution to the listed building. The property occupies a prominent position on [address] and is visible from the [address] to the south and south-west, particularly through the metal entrance gates and over the boundary wall. There are several other historic buildings in the surrounding area and so the general street scene also makes a positive contribution to the setting, significance and special interest of the listed building.

Hardingstone Conservation Area covers the historic core of the settlement. The conservation area encompasses the [address] from west to east, while [address] loops around to the north-east and The Green is located to the south-east. Its character and appearance, along with its significance, is influenced by the concentration of historic buildings including grander properties like [site address] , along with the sense of openness and greenery formed by large gardens and other spaces, and strong boundary walls. The site therefore makes a positive contribution to the conservation area in addition to the listed building.

The proposed outbuilding would be in the south-west corner of the garden. It would occupy a large footprint. However, much of the extensive garden would remain with little loss of mature planting and the structure would be at one of the furthest points from the listed building. Moreover, the use of a flat roof would limit the overall height to around three metres. The north elevation would mimic a classical style orangery with considerable glazing subdivided by columns, but this would not look incongruous within a large garden, bearing in mind the presence of the glasshouse and the ornate veranda too. The proposed use of stone to match the existing house would be an appropriate material and the overall appearance would be in keeping with its surroundings. Extract vents and boiler flues would be minimal features.

The plans indicate that the ground level of the outbuilding would be lower than the pavement along the [address] such that it would not project above the top of the boundary wall in this location. Existing planting would also assist with screening. It would also not be visible in views of the listed building from the [address] entrance gates due to its siting. The height of the boundary wall along the northern edge of the site would prevent views from [address] heading west from the listed building towards the [address].

Due to the falling topography into [address], the top half of the outbuilding would be visible in views from the south-west along the [address] despite the height of the boundary wall. However, the upper storeys of the listed building would still be visible due to the flat roof design and the distance involved. The sympathetic use of stone materials would help the structure blend into the surrounding street scene. There is also scope for additional planting where the neglected pond is positioned that would soften the visual effect from this location.

In conclusion, there would no adverse effect on the listed building and the conservation area, and their significance would not be harmed. Consequently, the proposed development would preserve the special interest and setting of the listed building and would preserve the character and appearance of the conservation area. Therefore, it would comply with Sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The development would accord with Policies S10 and BN5 of the [name] Local Plan Part 1 and Policy ENV6 of the Northampton Local Plan Part 2 which, amongst other things, require proposals to conserve and enhance the historic environment including heritage assets and their settings. It would also accord with Section 16 of the National Planning Policy Framework which seeks to sustain and enhance the significance of heritage assets and requires clear and convincing justification for any harm.

The proposed development would not involve the loss of significant vegetation while additional planting can be secured by condition. Thus, there would not be an adverse effect on ecology. The outbuilding is intended for ancillary domestic use only, which can be conditioned, and would be sited sufficiently distant from other properties to avoid negative effects in terms of noise and disturbance. The construction process is unlikely to be lengthy for a single outbuilding and so would not cause unacceptable effects to traffic or residents.

Conditions 1 and 2 are necessary for clarity and compliance. Conditions 3 and 4 are necessary to safeguard the character and appearance of the area. Condition 4 is pre-commencement to establish existing vegetation. Condition 5 is necessary to prevent the outbuilding from being used separately to the dwellinghouse.

For the reasons set out above, and having had regard to all other matters raised, I conclude that the appeal should be allowed.