Appeal 6000477

The appeal is allowed and planning permission is granted for the use of the existing outbuilding as an annexe to the main dwelling at [site address] , Parracombe, Barnstaple [postcode] in accordance with the terms of the application, Ref: 62/50/25/001, subject to the conditions in the attached schedule.

The description of development and site address in the banner heading above have been taken from the original planning permission (ref: 62/50/24/008). I have though removed the reference to ‘Retrospective’ in the description of development as this is not an act of development.

The Local Planning Authority granted planning permission (ref: 62/50/24/008) in August 2024 for an annexe building at the appeal site. The development was already in place at the time of the permission, with the annexe having already been constructed with UPVC windows and doors. Condition 2 of the permission required that these be replaced with windows and doors of natural timber construction within a set timeframe.

The current appeal seeks to remove the relevant planning condition in order that the existing UPVC windows and doors can be retained within the annexe.

The main issue is whether the condition is reasonable or necessary in the interests of the character and appearance of the Parracombe Conservation Area.

The appeal building is a detached single storey residential annex set within the rear garden of [site address] , a semi-detached dwelling. [site address] is served by a substantial plot, with the appeal building set a significant distance from the host dwelling near its rear boundary.

The building is located within the Parracombe Conservation Area (the CA). The CA comprises four dispersed hamlets, with the appeal site located within the Churchdown hamlet. The significance of the CA is largely derived from its historic settlement pattern that sits within an open pastoral landscape within the valley of the [name]. Its tranquil, verdant, rural character and collection of historic buildings in the local vernacular style also importantly contribute to the significance of the CA.

Although neither listed nor locally listed, [site address] is identified as a positive building within the Parracombe Conservation Area Appraisal Document (adopted

(the Appraisal). From my observations, the host dwelling aligns with the Appraisal’s description that it is part of a pair of semi-detached former farm workers’ cottages, constructed in an early 20th-century style, and generally is a positive feature within the CA. Nonetheless, the dwelling has been significantly extended and altered in the past, including through the introduction of UPVC windows and doors.

Additionally, the use of UPVC windows and doors is not an attribute that is unique to [site address] , with several other properties within the CA, including neighbouring the appeal site, also displaying these window and door types. Some of the nearby examples are unsympathetic additions having been complete in a manner that does not reflect the traditional form or proportions of fenestration that would have previously existed at the relevant host properties.

Indeed, the Appraisal, notes that modern replacement windows and doors have made serious inroads within the CA, to its detriment. The Appraisal therefore promotes the retention or reinstatement of period windows. This is also reflected within Policy CE-S6 of the Exmoor National Park Local Plan 2011 – 2031 (adopted

(the Local Plan) and its support text that promote the use of traditional and natural sustainable building materials that reflect local context.

Nevertheless, the appeal annexe is a rather simple, unremarkable, building of modern construction and appearance. It is also small in scale and inconspicuous in nature due to its size and siting. The use of UPVC elements within the appeal building does not appear untoward given its age and style, nor does it appear at odds with the host dwelling or detract from the character or appearance of the CA.

Given the specific context of the appeal development, I therefore do not consider the condition to be reasonable or necessary in the interests of the character and appearance of the Parracombe Conservation Area. Whilst the development plan policy and related adopted guidance encourage the use of traditional timber windows, in this instance, I also do not find there to be any conflict with Local Plan Policies GP1, CE-S4, CE-D3, or CE-S6. Together these policies seek to ensure the delivery of high quality design that is reflective of its surroundings, including preserving or enhancing the special interest, integrity, and significance of heritage assets.

There are several listed buildings located nearby to the appeal site, namely [address] Farm (Grade II Listed), [address] (Grade II Listed), [name] (Grade I Listed) and a collection of 18th and early 19th Century monuments within the grounds of the Church (all Grade II Listed).

From the evidence before me and my observations, the significance of [address] Farm and [address] lies in their age, architectural qualities and historic associations with the area.

[name] is of medieval origin, with the earliest datable elements of the current structure deriving from the 13th Century. The Church is now redundant, while its primary interest lies in the completeness of its early eighteenth century interior fittings. The Appraisal also notes its storied history that culminated in it becoming the first church in the country to be vested in the Churches Conservation Trust. The significance of the heritage asset therefore stems largely from its age, stature, architectural quality notably its interior, and historic associations with the area. Meanwhile, the listed monuments within the grounds of the Church are significant due to their age, craftsmanship and again their historic association with both the former Church and the hamlet.

The rural character and setting of the Churchdown hamlet, including views to the surrounding extensive countryside, also positively contribute to the significance of each of the above identified listed buildings.

Due to the limited scale and nature of the annexe, as well as the prevalence of UPVC windows on other nearby buildings, I consider that the appeal development preserves the setting, as it relates to the special interest of each of the listed buildings.

Despite being identified as a positive building within the CA, no robust reasons have been presented by the local planning authority to support a view that the host dwelling is a non-designated heritage asset (NDHA). Particularly, in light of the advice of the Planning Practice Guidance in respect of the heritage significance of NDHAs and their identification. Even if I were to find [site address] to be a NDHA, it remains that the dwelling (and the adjoining semi-detached property) already contain UPVC windows and doors, while for reasons identified above, the appeal development does not detract from the setting of host property or heritage significance it may hold.

The appeal site lies within Exmoor National Park, a protected landscape. The Levelling-Up and Regenerations Act 2023 amended the duty on relevant authorities in respect of their functions to “seek to further” the statutory purposes of [name].

Amongst other matters, the statutory purposes of the National Park is to conserve and enhance the natural beauty, wildlife, and cultural heritage of the area. These duties are reflected in the Framework, which establishes that great weight should be given to conserving and enhancing landscape and scenic beauty as well as wildlife and cultural heritage in the National Parks.

Given that the appeal building sits suitably within its surrounding context, the retention of UPVC windows would not have any discernible impact upon the special qualities of the Exmoor National Park. Meanwhile, the appeal scheme would include measures to promote biodiversity (which can be secured via condition). I am therefore satisfied that the landscape and scenic beauty of Exmoor National Park, as well as its wildlife and cultural heritage, would be conserved.

The production of timber windows and doors may be more environmentally sustainable than UPVC counterparts. Still, I am not convinced that replacing the already installed components at the appeal property with timber alternatives would result in any meaningful sustainability benefits in this instance.

By allowing this appeal a new planning permission is created. The PPG advises that, for clarity, decision notices for the grant of planning permission under Section 73 of the Town and Country Planning Act 1990 (as amended) should restate the conditions on earlier permissions that continue to have effect, unless they have been discharged.

I have made some minor amendments and omissions to the Council’s original conditions in the interests of clarity and to ensure compliance with the Framework and the PPG.

As the development has already been constructed it is unnecessary for me to attach a condition limiting the commencement of development. A condition specifying the approved plans remains reasonable and necessary in the interests of clarity and certainty.

A condition confirming that the annexe shall not be used other than as part of the host dwelling is reasonable and necessary for clarity and certainty of its use.

Conditions in respect of the provision of bird and bat boxes and a restriction on the installation of external lighting are each reasonable and necessary in the interests of biodiversity.

For the reasons outlined above the appeal is allowed.

The development hereby permitted relates to the following approved plans: ‘OS and Block Plan’ (drawing no. 401/100) and ‘[name] (drawing no. 401/101).

The development hereby permitted shall not be used other than as part of the dwelling known as [site address] , Parracombe, Barnstaple, [postcode] .

Within 3 months of the date of this permission, one woodstone or woodcrete bat box (Schwegler 1FF or Schwegler 2F type or equivalent) shall be affixed to the annexe at the underside of its eaves level on its southeastern elevation and shall thereafter be retained/maintained for the lifetime of the development hereby approved.

Within 3 months of the date of this permission, one bird box shall be affixed to the annexe at the underside of its eaves level on the northwestern elevation and shall thereafter be retained/maintained for the lifetime of the development hereby approved.

No external lighting shall be installed on the annexe hereby approved except in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.