Appeal 6001392

The appeal is allowed and planning permission is granted for the erection of a dwelling, utility, workshop and annex at [site address] . The permission is granted in accordance with the terms of the application reference 0293/25/FUL and subject to the conditions in the attached Schedule.

The appeal site lies within the settings of the grade II* listed Church of St. Matthew and its grade II listed lych gate1.

The LPA has informed me that it is unable to demonstrate 5 years housing land supply (HLS). I understand that it only has 2.53 years HLS. This amounts to a serious shortfall.

[name] 2022, the LPA granted permission in principle for a dwelling on the appeal site (ref. 3367/21/PIP). I understand that the time frame for the submission of technical details has now expired. Nevertheless, I agree with the LPA that this permission is a material consideration in the determination of this appeal. The LPA accepts the principle of residential development on the appeal site.

As part of the appeal, the appellant has submitted an amended site plan (ref. 111 STA PL03 A). This does not alter the position of the proposed building or access but includes some annotation regarding hedgerows. Having regard to the Wheatcroft principles2 I consider that no party is likely to be prejudiced if I was to take this plan into account in determining the appeal. 1 The provisions of section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 are engaged. 2 Bernard Wheatcroft Ltd v Secretary of State for the Environment [1982].

The main issue is the effect upon the character and appearance of the area, including the settings of the Church of St. Matthew and its lych gate.

The development plan includes the Plymouth and South West Devon Joint Local Plan 2014-2034 (LP) and the Staverton Neighbourhood Plan (NP). My attention has been drawn to numerous policies.

I consider the most important development plan policies to the determination of this appeal are: LP policies DEV10 (high quality housing); LP policy DEV20.2 (style, local distinctiveness, visual impact, views); LP policy DEV21 (settings of designated heritage assets); LP policy DEV23 (high quality architectural and landscape design appropriate to its local context); NP policy SNP9 (innovative modern design) and; NP policy SNP10 (settings of designated heritage assets). The appeal site adjoins land identified for new housing3 within the NP.

The National Planning Policy Framework (the Framework) is an important material consideration that carries substantial weight in the determination of this appeal.

Amongst other things, national and local planning policies require new development to be designed to a high standard and in harmony with the local area / vernacular. Support is also given to good modern innovative designs.

The appeal site lies on the northern edge of the settlement of Woolston Green / Landscove. Like much of rural Devon, the distinctive qualities of the local stock of housing comprises mainly two storey slate roof properties with render and /or stone walls. However, there is variation in the type, size, design and external finish of the houses in and around the settlement. This includes hipped and gable roofs, some dormer windows and the use of some stone cladding on some new houses at the southern end of the settlement. There are also examples of other materials, including standing seam roofs and timber cladding on some other buildings within the settlement and elsewhere within the parish.

The proposed dwelling would be two storeys in height, arranged around a central courtyard garden with a linked single storey annexe and separate garage / workshop and utility room. It would comprise an unashamedly modern design, with the main dwelling and annexe having a barn-like appearance with vertical blackened timber clad walls. The roofs of the dwelling and garage / workshop would comprise standing seam grey metal hipped roofs whilst the internal link would include full height timber framed windows with a corrugated metal roof. The roadside elevation would include a sizeable timber framed dormer window. Off-road parking would be provided in front of the building with landscape planting.

The appellant has calculated that the two storey element of the proposed building would be 5.3 metres to eaves height and 7.8 metres to ridge height. These would be lower than the respective heights on the neighbouring Tidwell Cottages4 as well 3 [name] policy SNP4, six dwellings are proposed on part of the field between Woolston Green and [name]. 4 On behalf of the appellant, this has been calculated as 5.6 metres to eaves height and 8.4 metres to ridge height. as some other neighbouring houses at Woolston Green5. Whilst the proposed eaves height would be taller than the eaves height on another neighbouring dwelling6, the proposed building would be in keeping with local building heights. The proposed mass of the new building would be broken up by the external doors and windows, as well as the variation in roof heights and glazed link. The dormer style window would be different to some others within the local area7 but would be akin to a hayloft opening within a barn and a pleasing fit within the appeal building. It would sit well down below the ridge of the proposed dwelling and would not appear unduly tall or exacerbate the overall height of the building.

The proposed external materials would be very different to render, stone and natural slate, but would not be out of keeping with the type of materials that are found on agricultural buildings within the [name]. The proposed timber cladding and metal roofs would be entirely appropriate for a building that would be designed to resemble a barn in appearance and would be in keeping with the rural vernacular. The proposed pallet of materials is also derived from sustainable means of construction and the muted colours would ensure that the building did not stand out as a conspicuous addition on this edge of the settlement.

The heritage interest (significance) of the mid-19th century parish Church of St. Matthew and its mid to late 19th century lych gate are primarily derived from their special architectural and historic qualities. The church has an extensive setting, whilst for the lych gate, its setting is not as far-reaching. In both instances, the surrounding fields provide an attractive rural setting to both designated heritage assets. This assists in affording an appreciation and understanding of the historic role / function of the church within this part of the [name]. In particular, from parts of Woolston Green and some surrounding fields, the Welsh slate broach spire and the top of the stone tower is a prominent feature within the landscape.

The appeal site does not form part of the fields that surround the church and its lych gate but instead, is part of the appellant’s existing garden. On behalf of the appellant, it has been calculated that the site is approximately 100 metres from the church. [name] noted during my visit, parts of the site, the settlement and some outlying dwellings can be seen in views to and from the church and its lych gate. The gradient of the land also falls away from the church towards the site.

The appeal site comprises a very small component of the views to and from the church and lych gate. There is nothing of substance before me to indicate that the site makes any meaningful contribution to the significance of these listed buildings. Moreover, as already noted, the LPA has accepted the principle of a dwelling on the appeal site. In addition, the NP supports the provision of six dwellings in a field between appeal site and the church and its lych gate. Irrespective therefore of the outcome of this appeal, there is likely to be a change within part of the settings of these listed buildings, including views to and from the church and its lych gate.

The location, size and design of the dwelling that is the subject of this appeal would ensure that it was not prominent within views to or from the church and the lych gate. The proposal would not intrude into the settings of these designated heritage assets or diminish the ability to appreciate or understand their 5 On behalf of the appellant, these have been calculated as 5.8 metres eaves height, 9.1 metres ridge height. 6 On behalf of the appellant, this has been calculated as 4.3 metres. 7 I note that a similar size/style dormer has been approved on an annexe building near [name] on the [name]. significance. There would be no harm to the settings of these listed buildings or any conflict with the objectives of LP policy DEV21 or NP policy SNP10.

I consider that the appellant’s architect has given thoughtful consideration to designing a high quality building that would represent a pleasing, modern addition to the fabric of the settlement that would also respect the historic environment and be in harmony with its rural surrounds. I note that the Parish Council also supported8 the proposal.

I conclude on the main issue that the proposal would safeguard the character and appearance of the area and accord with the objectives of LP policies DEV10, DEV20.2, DEV21, DEV23 and NP policies SNP9 and SNP10, as well the provisions of the Framework that are aimed at securing high quality development and protecting heritage assets.

I understand that the site lies within the South Hams Special Area of Conservation (SAC) [name] Zone9. As the appeal site is over 3 km from the component parts of the SAC, no likely significant impacts10 have been predicted by the LPA’s ecologist subject to a sensitive lighting strategy being implemented. I note that Natural England agreed with this subject to the use of appropriate planning conditions.

On the basis of the evidence before me, including the mitigation measures detailed within the Ecological Impact Assessment that was submitted in support of the application, I concur that the proposal would be unlikely to result in any significant effect upon the SAC and local populations of bats. It would accord with the provisions of NP policy SNP11. I note that in withholding permission, no harm was identified by the LPA or any others in respect of this protected area.

The proposed development would help increase the supply of homes and contribute towards addressing the shortfall within this part of Devon. It would also be a self-build / custom build and help to meet the need for this type of housing. The proposed annexe would also provide accommodation for the appellant’s elderly parent and then later for her son. I note that the LPA satisfied itself that the proposal complies with LP policies DEV8 and SPT2, which are aimed at providing a good balance of house types and tenures to support a range of household sizes, ages and incomes and to meet identified housing needs. Upon occupation, there would also be an increase in Council Tax receipts. These public benefits add moderate weight to the argument for granting planning permission.

In addition to the ‘standard’ condition requiring development to commence within three years, for the avoidance of doubt a condition would be necessary specifying the approved plans. 8 Some concern was raised in respect of a potential flood risk. 9 A core foraging area for bats associated with the component part bat roosts at the [name] and [name]. 10 Either alone or in combination with other plans or projects.

To safeguard the character and appearance of the area, conditions would be necessary requiring samples of the external materials11 to be approved by the LPA, as well as requiring details of the proposed hard and soft landscaping works.

To reduce the risk of disturbing bats, conditions would be necessary controlling lighting and requiring the development to be undertaken in accordance with mitigation / enhancement works specified in the submitted Ecological Impact Assessment report. In the interests of nature conservation, a condition would also be necessary controlling demolition / site clearance works during the bird nesting season unless the developer has been advised by an ecologist or other suitably qualified person that there is no risk to breeding birds.

To avoid obstructing the highway, a condition would be necessary requiring space to be laid out within the site for the parking of vehicles. A condition would also be necessary to ensure satisfactory drainage and avoid any flood risk.

For concision, I have modified the wording of some the conditions that have been suggested to me.

Given the above and having regard to all other matters raised, I conclude that the appeal should succeed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be undertaken in accordance with the following approved drawings: 1:1,250 scale site location plan (ref. 111 STA EX01); 1:500 scale block plan (ref. 111 STA EX02); 1:200 scale proposed site plan (ref. 111 STA PL03 A); 1:500 scale proposed block plan (ref. 111 STA PL02); 1:500 scale proposed visibility diagram (ref. 111 STA PL04); 1:100 scale proposed ground floor plan (ref. 111 STA GA10); 1:100 scale proposed first plan (ref. 111 STA GA11); 1:100 scale proposed roof plan (ref. 111 STA GA12);1:50 scale proposed north west elevation (ref. 111 STA GA50); 1:50 scale utility and workshop north west elevation (ref. 111 STA GA51); 1:50 scale proposed north east elevation (ref. 111 STA GA52); 1:50 scale proposed annexe north east elevation (ref. 111 STA GA53); 1:50 scale proposed south east elevation (ref. 111 STA GA54); 1:50 scale proposed south east elevation (ref. 111 STA GA55); 1:50 scale proposed annexe, utility and workshop south west elevation (ref. 111 STA GA56) and; 1:50 scale proposed plot house south west elevation (ref. 111 STA GA57). 11 As the plans and application detail the proposed materials, the submission of samples rather than details would be appropriate.

No development shall proceed above slab level until samples of all the materials to be used in the external facing walls and roofs of the buildings, including window frames, doors and rainwater goods, have been submitted to or made available for inspection and approval in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved samples.

No development shall proceed above slab level until details of hard and soft landscaping within the site, including tree protection works, orchard and hedgerow planting and grass parking grids as shown on the approved site plan, as well as a timetable for undertaking such works, has been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details and timetable. Any trees/shrubs/plants that are removed or die within five years of planting shall be replaced with trees / shrubs / plants of a similar size and species.

The dwelling hereby permitted shall not be occupied until the area for parking of vehicles has been provided and made available for use, in accordance with the approved drawings. This area shall then be kept free from obstructions and shall only be used for the parking of vehicles.

The dwelling shall not be occupied until details of a [name], including measures to limit the risk of light spill, has been submitted to and approved in writing by the Local Planning Authority. The approved [name] shall be implemented before the dwelling is occupied and no external lighting, other than any detailed in the approved Strategy, shall be installed without the prior written consent of the Local Planning Authority.

No demolition or vegetation / site clearance works shall take place during the bird nesting season (1 March to 31 August, inclusive) unless the developer has been advised by a suitably qualified person / ecologist that the clearance will not disturb nesting birds and a record of this kept and made available to the Local Planning Authority upon request.

The development shall be undertaken in accordance with the mitigation / avoidance / enhancement measures detailed in Table 1 of the Ecological Impact Assessment report dated January 2025, by [name] and submitted in support of the application. This includes the submission of a Construction and Environmental Management Plan prior to the commencement of development.

No development shall proceed above slab level until details of the proposed foul and surface water drainage details, including design details of the proposed permeable parking area, have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details.