Appeal 3373381

The appeal is allowed and planning permission is granted for a two storey rear extension at [site address] , [site address] , Westmorland and Furness [postcode] in accordance with the terms of the application, Ref 2025/1086/HOU, subject to the conditions in the attached schedule.

The main issue is the impact of the proposed development on the character and appearance of the host property, including whether it would preserve or enhance the character or appearance of the [site address] Conservation Area (GSCA).

[site address] is part of the GSCA the significance of which is derived in part through its historical importance as a stop on a former drover’s route and the well preserved examples of vernacular architecture; which utilise traditional materials and are centred on the settlements historic core. The appeal site is identified as being within area C within the [site address] Conservation Area Character Appraisal and Management Plan 2020 (GSCAMP) which covers the southern end of the village and includes dwellings that date from the 19th and 20th century, resulting in a mix of both contemporary and simple vernacular architecture. The GSCAMP identifies a mix of external finishes in this area including local sandstone and roughcast render, with UPVC being the predominant style of window.

The appeal property is a simple two storey detached dwelling with outbuildings to the rear. It is constructed from traditional materials, including local sandstone, and is an attractive example of simple rural vernacular architecture. In light of this the host property makes a positive contribution to the significance of the GSCA. The appeal property is flanked by both traditional and contemporary dwellings, the building line of which are staggered, with generous gaps in places. This allows a view of the side elevations of [site address] from public vantage points. However, these views are restricted when entering the village from the south by a strip of mature woodland and when approaching the dwelling from the north by [address] which is on the same side of the street as the appeal property, but closer to the road.

The proposal is for the removal of the single storey outbuildings on the rear elevation and the erection of a two storey rear extension. The extension would project several meters from the rear elevation, would be lower than the ridge height of the main building and set in from its side elevations. A small number of openings are proposed on the side elevation, the design of which reflect the simple detailing of the host property. On the rear elevation, feature full height glazing is proposed.

The projection of the proposed extension would be significant. However, due to its height and width it would not appear overly dominant in comparison to the host property which is large and positioned within a generous plot. Further, the proposed external materials would include local sandstone and slate which would match and be sympathetic to [site address] and act to minimise the visual impact of the extension. While it is acknowledged that the sides of the extension would be visible from the public realm a combination of existing development, mature trees and shrubs act to screen these views ensuring that they are localised and largely limited to glimpses when passing the property on the B6412. The rear elevation faces agricultural land and would not be clearly visible from the public realm. In light of these factors, the appeal scheme would preserve the character and appearance of the GSCA.

In conclusion I find that the proposed development would respect the character and appearance of the host property to the extent that it would preserve the character and appearance of the GSCA. Hence, there would be no conflict with s72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policies ENV10 and DEV 5 of the Eden Local Plan 2014-2032 which requires the new development shows a clear understanding of the form and character of the districts built and natural environment and conserves and where appropriate enhances the significance of Eden’s heritage assets. There would also be respect for the National Planning Policy Framework insofar as it relates to achieving well-designed places and conserving and enhancing the historic environment.

I have considered the conditions put forward by the Council and the appellant’s comments on them. They meet the tests set out at paragraph 57 of the Framework, and I have included them with some minor editing of the suggested wording for precision and enforceability. A condition regarding proposed external materials has also been attached to protect the character and appearance of the GSCA.

The Council recommended a condition to remove permitted development rights for the formation of any additional side windows at first floor level, to protect the privacy of neighbouring occupants. However, the conditions specified in paragraph A.3 in Part 1 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 states that any upper floor windows formed as permitted development must be obscure-glazed and in some circumstances non-opening, which would be sufficient to preserve the privacy of neighbouring occupants.

For the reasons given above the appeal should be allowed.

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 Nos 25-194-DWG001 [name], 25-194-DWG002 [name], 25-194-DWG003 [name].

No development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

The extension hereby permitted shall not be occupied until the first floor windows on the side elevation have been fitted with obscured glazing, and no part of those windows that is less than 1.7 metres above the floor of the room in which it is installed shall be capable of being opened. Details of the type of obscured glazing shall be submitted to and approved in writing by the local planning authority before the window is installed and once installed the obscured glazing shall be retained thereafter. ***** END OF CONDITIONS*****