Appeal 6001426

The appeal is allowed and planning permission is granted for single storey side extension at [site address] , [site address] , [site address] [postcode] in accordance with the terms of the application, Ref 25/01009/FUL, subject to the conditions in the attached schedule.

The appellant has made an application for an award of costs. This is the subject of a separate decision.

The appeal site is located within a conservation area. Under section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, I am obliged to pay special attention to the desirability of preserving or enhancing the character and appearance of the conservation area.

The main issue is the effect on character and appearance, with particularly regard to whether the proposal preserves or enhances the character and appearance of the [site address] Conservation Area (CA).

[site address] Inn is a substantial two-storey detached public house. The appeal site lies within the [site address] CA and is identified as a key unlisted building within the [site address] Conservation Area Character Appraisal and Management Plan (November 2023) (CACAMP). The CA, in its entirety, is a designated heritage asset.

The appellant disputes the Council’s identification of the building as a non-designated heritage asset (NDHA). The Planning Practice Guidance (PPG) sets out that NDHAs are buildings, monuments, sites, places or landscapes identified as having a degree of heritage significance meriting consideration in planning decisions, but which do not meet the criteria for designated heritage assets.

There are a number of processes in which NDHAs may be identified, including the local and neighbourhood plan-making process and conservation area appraisals. However, the PPG sets out that in some cases NDHAs may be identified as part of the decision-making process on planning applications.

Evidence suggests that [site address] Inn is a source of shared memory for local people having been used as a public house since 1825, and may have earlier origins as the building is purported to date from the fourteenth century. The public house fronts onto [site address] and has a pleasant façade with traditional detailing that helps to reveal the building's original use as a terrace of three cottages.

The significance of the [site address] CA is primarily drawn from its legibility as a small historic rural settlement with an expansive village green at its centre. The CACAMP acknowledges that the varied architectural styles surrounding the village green are generally sympathetic to the historic character of the area and contribute positively to the streetscape. It further identifies key views within the CA as typically comprising broad vistas of the village green, with emphasis on the prominent historic building stock.

The building lies to the south of the village green along one of the main arterial routes through the village. Given its substantial scale and location, it is a prominent building within the CA. Together with the linear layout of the buildings fronting the village green and surrounding roads [site address] Inn forms part of the special significance of the CA and contributes positively towards its character and appearance. Accordingly, for these reasons it is reasonable to consider the appeal property as a NDHA having regard to its aesthetic, historical, evidential and communal value.

The building has been extended, particularly to the rear and to its southern elevation. Whilst changes to the building may have diminished some elements of its aesthetic heritage values, I observed the building to largely retain its traditional character and appearance.

The National Planning Policy Framework (the Framework), states that when considering the impact of a development on the significance of a designated heritage asset great weight should be given to the conservation of the heritage asset. New development should respond to local character and history, add to the overall quality of the area and be visually attractive as a result of good architecture and landscaping. Furthermore, the Framework is clear that the effect of an application on the significance of a NDHA must be taken into account.

The area where the extension would be located is currently an area of hardstanding used for the storage of bins, set behind a solid wooden gate. To the northern boundary lies the [site address] [name] where I observed a detached dark stained wooden store. A detached one and a half storey building lies immediately to the east of the proposed siting of the extension and also has a wooden-clad single-storey addition to its northern façade, not dissimilar to the appeal proposal.

The proposed extension would be located to the side elevation of the property, set back significantly from its front elevation, and behind its full height external chimney stack. By virtue of its flat roof and limited height, it would sit comfortably under the existing dormer window. For these reasons, the proposal would appear respectfully subservient and allow the original elements of the public house to be easily read.

Dark stained weatherboarding is evident on other buildings within the locality and therefore the external finish would not be uncharacteristic within the immediate streetscene. Furthermore, the use of contrasting materials contributes to the proposal being read as a later addition to the property, showing its evolution.

Furthermore, the dark, and recessive, external materials would help assimilate the development into its surroundings. In particular, the proposal would not be discernible in long range views across the village green towards its north-west elevation, or from its front elevation when viewed from across the highway. This would be particularly so given the presence of existing structures and vegetation to the north of the site and the backdrop of existing built form to the east of the proposed building.

Due to its positioning, the height of the extension and it being set back from the road the proposal would not be an incongruous addition to the host property or wider streetscene. Although it would be visible in short range views it would not inherently harm the overall character and appearance of the CA or the building.

Whilst the appeal building has previously been extended the proposal reads separate from these existing additions and its limited scale and lightweight appearance, in contrast to the host building, does not lead me to the view that the proposal would result in an overwhelming cumulative scale of additions that would be harmful to the appeal building, or the significance of the CA as a whole.

I have found no harm would be caused to the special interest or significance of the appeal property by the proposal. Similarly, the significance of the CA would be preserved. Nevertheless, having regard to the Framework, even if I did find less than substantial harm, I am satisfied that the economic benefits that would arise from an enlarged kitchen to be able to diversify and bring additional economic and social value, by the expansion of facilities at the public house, would outweigh any low-level harm.

I therefore conclude that the appeal proposal would not have a harmful effect on character and appearance and would preserve the character and appearance of the [site address] CA. The proposal would therefore comply with Policies SP7, SPL3 and PPL8 of the Tendring District Local Plan (Section 1 [name]

insofar as these policies require proposals to seeks to secure high quality in design and conserve and enhance the significance of heritage assets. It would also comply with the approach of the Framework to designated heritage assets, and securing good design whilst not preventing or discouraging appropriate innovation or change.

Interested parties have raised concerns regarding noise during music events and not adhering to licensing restrictions. [name] appreciate these concerns, they did not form part of the Council’s reason for refusal. Moreover, these concerns lie outside of the parameters of the proposal before me.

In accordance with the statutory duty placed upon decision-makers by section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act, 1990 (the Act) I have had special regard to whether the setting of the nearby listed building, [name] would be preserved. [name] is a [name] listed building comprising a small, circa, seventeenth century cottage which fronts onto The Green. Whilst there is some intervisibility between the assets the location of the appeal scheme, and the nature of the proposals relative to this listed building, leads me to the view that its setting would be preserved.

The Council has suggested a number of proposed conditions which it considers necessary were the appeal to be allowed. I have considered the suggested conditions in light of the content of the Planning Practice Guidance (PPG) on the use of conditions and the guidance within the Framework.

In addition to the standard time limit condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans. This is in the interest of certainty.

The Council has suggested a condition restricting construction hours. Given the proximity of residential properties, I consider this is reasonable and necessary in the interests of protecting the living conditions of the occupiers of existing properties. I do not, however, consider it reasonable to restrict the burning of construction material on site as this is covered by other regimes.

Condition no’s 4 and 5 in respect of ecological matters are reasonable and necessary to conserve and enhance protected, Priority and threatened species.

For the reasons set out above and subject to the conditions attached, the appeal is allowed.

The development hereby permitted shall begin no later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in strict accordance with the following drawings: [name]. 001, [name]. 101, [name]. 102 and [name]. 104.

No vehicle connected with the works to arrive on site before 07:30 or leave after 19:00 (except in the case of emergency). Working hours to be restricted between 08:00 and 18:00 Mondays to Saturdays (finishing at 13:00 on Saturdays) with no working of any kind permitted on Sundays or any Public/[name] whilst construction works and alterations are being carried out.

Prior to any works above slab level, a [name] for protected, Priority and threatened species, prepared by a suitably qualified ecologist in line with the recommendations of the [name] and Assessment ([name], January 2025), shall be submitted to and approved in writing by the local planning authority. The content of the [name] shall include the following: a) Purpose and conservation objectives for the proposed enhancement measures; b) detailed designs or product descriptions to achieve stated objectives; c) locations of proposed enhancement measures by appropriate maps and plans (where relevant); d) persons responsible for implementing the enhancement measures; and e) details of initial aftercare and long-term maintenance (where relevant). The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.

All mitigation measures and/or works shall be carried out in full accordance with the details contained in the [name] and Assessment ([name], January 2025). ***End of Schedule***