Appeal 6000512

The appeal is allowed and planning permission is granted for 'Change of Use’ of former dance studio (sui generis) to form 2 units (Class E use) at ground floor level + conversion and erection of mansard roof to form 4 no. flats (Class C3) and associated works at [site address] in accordance with the terms of the application, [name]/25/0493/RACH, and the plans submitted with it, subject to the conditions in the attached schedule.

The appeal site lies within the [address] Conservation Area (CA) and is nearby the [name]* listed [name]. As such, in reaching my decision, I have considered the statutory duties under sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act, 1990 (the Act).

The main issues in this case are whether the proposal would preserve or enhance the character or appearance of the [address] CA and whether the proposal would preserve the setting of the [name]* listed [name].

[site address] is a two storey rendered and flat roofed building positioned to the rear of a row of shops and commercial buildings along [address]. The access road to these properties is to one side and the rear of the appeal building, whilst to the other side of it is a public car park.

Formerly used as a dance studio, the building is now vacant, with its windows and doors boarded over. Directly to the north of the site is a road, [address], beyond which is a 3-storey office building known as ‘[address]’. To the east of the site is the rear of commercial properties fronting [address], with some residential uses at first floor. To the south of the site is a service yard serving properties fronting [address]. To the west is [address] public car park and a large 3 storey building (known as [address]) which was formerly in use as offices but is now in residential use.

The car park and appeal building are within the [address] CA. The CA covers a mainly residential area in Swindon Old Town and includes a number of streets that were built during the first half of the 19th century, before the arrival of the [name] and a subsequent expansion. It is mainly residential, characterised by a mixture of close knit Victorian stone and brick-built terraced houses built along narrow streets, with other uses such as a nursing home, school, car parks, pubs, chapels and shops. Paragraph 3.[address] Conservation Area Appraisal and Management Plan says that the “Conservation Area is characterised by confinement”.

I observed that the significance of the CA as a whole largely derives from its dense surviving historic street pattern and mostly consistent domestic Victorian character, that denote its evolution.

These characteristics are not evident at the appeal site. The nondescript two storey flat roofed appeal building, located in the corner of the CA, is neighboured by open car parks, two large 3-storey office/residential buildings, and a large 2 & 3 storey care-home building.

It therefore displays more of the characteristics of the neighbouring more modern architectural form of this side of the commercial [address], and its large-scale development of varied height, than the mostly uniform domestic scaled CA. Given that it is seen in the context of the adjacent and neighbouring larger buildings, the appeal building is not overly dominant and therefore makes a neutral contribution to the character and appearance of the conservation area.

[name] is an Anglican parish church and a grade II * listed building1 by [name], constructed in the mid 19th century and listed in 1951. It is finished in rock-faced sandstone with Bath ashlar dressings and slate roofs. The listing description notes its nave with aisles, transepts, chancel and west tower, side organ chamber and Lady chapel to chancel, lobbies to the sides of tower, and south porch of 1916, all done in an early decorated style. It also notes its broach spire, with lucarnes at the bottom and quatrefoils above a clock of 1843.

The special interest and significance of the listed building are mainly derived from its architectural interest and fabric, as a fine example of ecclesiastical Victorian gothic revival architecture by [name].

Pertinent to the appeal, The Church’s setting also contributes to its heritage merit. The surrounding churchyard, with stone tombs set amongst grass and trees, which extends to the large open space at the rear, gives a sense of space to this part of the settlement. I observed that the surroundings of [name] churchyard provide a quiet haven away from the busy [address]. This space around the building ensures a visual separation that increases the prominence of the listed building. It provides the primary surroundings within which the building is experienced, and the space allows the building and its merit to be appreciated. 1 [name]: 1283770

The church spire is also a prominent landmark and significant feature on Swindon’s skyline visible from long distances over various buildings. I observed that a number of roads provide important views of the church and spire, including [address]/[address], which runs past the appeal site. These important views provide visual and functional links to the Church and emphasise its importance and spiritual role within the surrounding communities. In this respect, these important views also contribute to the wider setting of the Church, and also, in part, supports and contributes in a positive way to its special interest and significance.

Given the existing characterless, bland and functional appearance of the appeal building, the proposed changes to the building’s fenestration with the introduction of stone framed windows, a stone band at the eaves, and a simple cream render finish, and slate roof would result in a modest, muted and high-quality building.

The introduction of a mansard roof would be more in keeping with the neighbouring building at [address]. Its dark slate roof would be recessive visually, ensuring that the building would not appear conspicuously taller than the surrounding buildings, and would be a marked improvement over the existing ungainly flat roof. There is sufficient fenestration on its rear elevation to provide visual interest and break up the massing when viewed from this direction. Similarly, given the scale of the building, the fenestration on the front elevation would not appear cluttered nor overly busy. It is noteworthy that the Council have no objection to the proposed design of the scheme, and the building would not appear unduly prominent nor overly bland.

As such, in this instance the alterations would have a positive effect and therefore enhance the character and appearance of the surrounding CA as a whole.

The proposed development would not affect key views of the Church spire when travelling down [address]/[address] towards [address]. However, from [address], which at this point runs in between two car parks, when looking to the east, the additional height would obscure some view of the top of the spire which is currently visible.

Nevertheless, given its location between two car parks and facing north/south, this is not an important view of the Church, and as the historic photographs set out in the appellants statement of case illustrates, historically there were buildings on this adjacent land which in all probability would have affected views of the spire from this particular direction.

I note the comments of a previous Inspector2 on this matter that are quoted in the submissions, however, from the limited information before me, the design of the proposal is significantly changed, in addition to the materials proposed. This includes the form and massing of the roof being reduced, and given the additional information provided in relation to the previous buildings on the car park, I find that the modest effect of obscuring of the view of the spire from this position would be mitigated by the improvement arising to the character and appearance of the appeal building. 2 Appeal reference APP/U3935/W/24/3353526

The building would now sit comfortably and be more in keeping with the nearby larger buildings and would not unduly draw the eye. It would not therefore compete with the prominence of the spire from any viewpoint. There is therefore a clear difference to that previous proposal.

The development would not affect the authenticity of how [name] is experienced not alter the ability to appreciate its significance. The community and social impact of the church and its connectivity with the nearby residential area through important views would also be unchanged.

I conclude therefore that the proposal would enhance the character and appearance of the [address] Conservation Area. The development would also preserve [name] and its setting, and any features of special architectural or historic interest that it possesses. For these reasons, the appeal scheme does not conflict with the statutory presumptions set out in sections 66(1) and 72(1) of the Act and satisfies the historic environment conservation and enhancement policies of the National Planning Policy Framework (the Framework). There is also no conflict with Policies DE1 and EN10 of the Swindon Borough Local Plan (2015) which, amongst other matters, require high standards of design that sustains and enhances the historic environment.

The appeal site is centrally located within ‘sector 1’ as described by the Councils parking standards document (2021), which is considered to be highly sustainable in transport terms and therefore allows for zero parking to be provided for all residential developments. As such, subject to a condition securing bicycle parking spaces, no car parking spaces are required. It is notable that the Council have no objection to the proposal in this regard, nor to the access arrangements, which remain similar to that of the existing building. As such, there is no evidence before me that the relationship of the access to the nearby supermarket would not be safe.

The submitted Design and [name] that the residential units will be designed to meet the indoor ambient noise levels contained in the [name] 8233:2014, and a condition is proposed to secure this. As such, the units would enjoy acceptable levels of external noise.

The Council has submitted suggested conditions should the appeal be allowed. I have considered these having regard to the advice set out in both the Framework and the Planning Practice Guidance.

In addition to the standard time limit condition, I have imposed a condition requiring the development to be carried out in accordance with the approved plans as this provides certainty.

A condition securing the details of finishing materials is necessary in order to ensure that the development is in keeping with the surroundings. In the interests of promoting sustainable transport modes, highway safety and the free flow of traffic, a condition ensuring that prospective occupiers are made aware of the lack of on-site car parking and that occupiers would not be granted a parking permit within the surrounding established [name], is necessary.

Similarly, a condition requiring that suitable details of a bicycle storage area is provided is necessary to ensure that residents will have access to these facilities, and to support sustainable transport.

A condition securing the swift nesting and bat boxes identified on the submitted plans is necessary in the interest of biodiversity. A requirement that photographs are submitted of the installed boxes does not meet test of necessity.

A condition requiring adherence with building regulations in relation to sound insulation is not required as it repeats other legislation and would not therefore meet the test of necessity. Whilst located in a busy town centre location, there is no evidence before me that there is any policy justification for requiring standards in excess of the referenced [name] 8233:2014.

For the reasons set out above, and having regard to all the other matters raised, I conclude that 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 001, 150, 151, 152.

The development hereby permitted shall be constructed using external facing materials as outlined on approved plan 151. Such facing materials shall be retained thereafter in their approved form.

Prior to any agreement being entered into for a new occupation of, or transfer of any interest in, the dwelling units hereby approved, the prospective occupiers/transferees shall be informed of the prohibition on entitlement to a permit that enables parking within any existing or future controlled parking zone designated by the Council. All material utilised for advertising or marketing the residential units for letting or sale shall make it clear to prospective tenants and occupiers that no on-street parking permit will be issued by the Council to occupiers of the development.

The development hereby permitted shall not be occupied until space has been laid out within the site for a minimum of 6 bicycles to be parked in a secure and sheltered location, in accordance with [name] and such provision shall be maintained thereafter.

The development hereby permitted shall not be occupied until integrated swift nesting boxes and bat box locations are provided in accordance with the approved plans 150 and 151. The swift nesting and bat boxes shall be retained thereafter. End of schedule