Appeal 6001731

The appeal is allowed and planning permission is granted for ‘Side extension and pool house’ at Underlowe, Eyam, [postcode] in accordance with the terms of the application, [name]/DDD/0925/0885, subject to the conditions in the attached schedule.

As part of my decision, I have paid special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area in accordance with Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The main issue is the effect of the development on the character and appearance of the host dwelling and the area, including Eyam Conservation Area.

Underlowe is in the Lydgate area of Eyam Conservation Area (CA) and is within the Peak District National Park (NP). Having regard to the CA appraisal1, Lydgate is significant for its traditional buildings in a constrained pattern of development, due to the stepped contouring of the land and restricted lanes and plots, and the presence of the [name]. Beyond this area, further south, there is more of a sense of space between modern dwellings and converted traditional buildings, marking a transition between the settlement and the wider rolling landscape.

This area is also significant as forming part of the old entrance into Eyam from [name]. Whilst there is no evidence before me that [address] is the historic connecting route, it is nonetheless a public right of way. The Lydgate area of the CA and its rural landscape setting is appreciated when approaching the village from this direction. 1 ‘Analysis of Eyam and Eyam (extensions) Conservation Areas’ & accompanying maps.

Underlowe has different characteristics to the groupings of closely-knit historic dwellings within the vicinity. It is a substantial dwelling, set within its own large grounds, with a formal driveway entrance. It is largely concealed from views within the village itself, due to its well-established tree groups, and raised ground in the rear garden. Its main, front elevation, faces away from the village, and looks out over open fields.

[address], views are partially obscured due to the orientation of the dwelling, existing boundary walling, land levels, and the presence of trees and hedges. It is also partially viewed within a wider context of modern development on the periphery of Eyam. It contributes to the character and appearance of the CA by way of its proportions, its woodland backdrop and the space around it. Whilst it has been extended in the past, by way of the two side extensions and single storey range, these are subservient to the original host dwelling, which remains the principal feature.

The development would include further extensions to one side of the dwelling, within a spacious part of the garden. Although the plant room / store would be built on to an existing side extension and would be the element most visible from [address], it would be significantly stepped down and also set back. It would have a simple form and appearance, with a roof shape mirroring that of the existing dwelling. As such, it would not compete with the existing building range or have a complicated form. It would also allow the original part of the dwelling to continue to be appreciated as the principal feature.

The pool building would be set low down within the side garden, with a low profile roof form, a contemporary design to its frontage, and stone walling to the side and rear. It would also be accessed via a simple and deeply set back, glazed link. Its form, scale, height and design would be such that it would appear as a separate garden building. It would be set forward of the existing building range, with different proportions and design details. However, it would not compete with the original dwelling or diminish its quality or integrity. It would appear as a visually distinct and subservient building, partially set within a dip in the contours of the garden.

Whilst the roof would have a utilitarian appearance with solar panels and rooflights, views towards the roof would be contained to the terrace within the site itself, and it would not be conspicuous when viewed from outside of the site. As such it would not detract from the character and quality of the wider extent of garden to the front and rear of the dwelling.

The proposed rear, two-storey extension and flat-roofed element, would be contained within a small area on an elevation that already has variety, both in its detailing and form of projecting elements. It would also be largely concealed from views from outside of the site.

Overall, even though the development would have a large footprint, it would not result in a confusing massing or complicated form. Nor would it dominate or diminish the character and quality of the original dwelling. It would sit comfortably within the spacious garden, making use of the different levels within the site.

From wider vantage points, particularly on [address], only partial elements of the development would be visible, and other modern development would be seen within the same sweeping views. Significant space around the development would also be retained, with the sylvan backdrop. Therefore, the development would preserve the character and appearance of the CA and would not harm the landscape setting of the village.

Accordingly, the development would not harm the character and appearance of the area, including Eyam Conservation Area. As such, it would comply with Policies GSP3 and L3 of the Core Strategy2, and Development Management Policies DMC3, DMC5, DMC8 and DMH73. Together these policies require development to respect, conserve and enhance valued characteristics, including of heritage assets, with high design standards, amongst other things. The development would also comply with the requirements of the Framework to ensure design is sympathetic to local character.

Moreover, the development would further the purposes of the Peak District National Park, insofar as it would conserve the natural beauty and cultural heritage of the National Park, and it would accord with paragraph 189 of the Framework.

The Council has suggested a list of planning conditions. I have considered these conditions against advice contained in the Planning Practice Guidance, and where necessary I have amended them to remove superfluous wording, and to ensure enforceability and conciseness. The appellant has agreed the pre-commencement

I have attached the standard time limit condition and a condition specifying the approved plans to provide certainty. I have imposed conditions requiring tree protection measures and arboricultural site supervision prior to commencement, to ensure adequate tree protection in place before any work takes place. I have imposed a landscaping condition, including tree replacement to protect the visual amenity of the site including its trees. I have imposed a condition requiring the details of planting and ongoing management of the pool house extension grass roof, in the interests of visual harmony. I have imposed a condition requiring details of the solar panels, to ensure they are designed and positioned in manner that does not detract from the character and appearance of the area. I have also imposed conditions specifying materials to match the host dwelling, nearby walling features, and verge detail, to ensure harmonious treatment. I have imposed a condition restricting the residential use of the pool house building, in the interests of neighbouring residential amenity.

It is not necessary to impose conditions requiring glazed link details as adequate detail is shown on the plans, and it is a recessive element of the overall development. Nor is it necessary to impose a condition requiring pipework to be internal, as it is not shown that such pipework would have a harmful visual impact on the wider CA. I have also not imposed conditions requiring heat pump details, as it is not shown why such permitted development rights (with conditions and limitations) should be restricted.

I have not removed permitted development rights. I have not been presented with substantive evidence to demonstrate that exercising these rights, (that already [address] Local Development Framework, Core Strategy Development Plan Document, [name] 2011. 3 Development Management Policies Part 2 of the Local Plan for the Peak District National Park, [name] 2019. include restrictions and limitations pertaining to site parameters, Conservation Area and National Park designations), would harm the character of the area.

For the above reasons, the proposal would comply with the development plan and there are no other material considerations that indicate a decision should be taken other than in accordance with the development plan. I therefore conclude that the appeal should be allowed.

The development hereby permitted shall be begun within 3 years from the date of this permission.

The development hereby permitted shall be carried out in accordance with drawing nos: 2116-1250 Location Plan; 2116-500 B Block Plan; 2116-11 [name] & First floor plans; 2116-10 [name]; 2116-12 [name] & Section.

Prior to the commencement of the development, (including excavations, storage of materials, equipment and machinery, construction works or any operations involving the use of motorised vehicles or construction machinery) the specified tree protection fencing and ground protection shall be installed as shown on the Tree Protection Plan contained in the [name] dated 17 July 2025 and shall not be removed until the completion of the development. The development shall not be carried out other than in accordance with the recommendations of the aforementioned [name].

Prior to the commencement of the development (including excavations, storage of materials, equipment and machinery, construction works or any operations involving the use of motorised vehicles or construction machinery) details of a programme of monitoring and site supervision of arboricultural measures by a suitably qualified person shall be submitted to and approved in writing by the National Park Authority. This shall include details of timing for reporting in writing the successful progress and completion of that monitoring and supervision. The development thereafter shall be implemented in strict accordance with the approved details.

Prior to first use of the development hereby permitted, a hard and soft landscaping scheme shall be submitted to and approved in writing by the National Park Authority. The landscaping scheme shall include details of tree planting to replace the loss of tree T14 identified for removal by the [name] dated 17 July 2025, and a timescale for implementation. The landscaping shall thereafter be carried out in complete accordance with the approved details and timescales. Any trees dying, being severely damaged or becoming seriously diseased shall be replaced within the next planting season with trees of an equivalent size and species.

Prior to the substantial completion or first occupation of the pool house extension hereby permitted, full details of the seed mixture for the green roof, timescale for implementation and details of landscape management shall be submitted to and approved in writing by the National Park Authority. The development shall thereafter be carried out and maintained in accordance with the approved details.

Prior to the installation of any new windows or doors, full details of their precise design including recess, materials and external finish, shall be submitted to and approved in writing by the National Park Authority. The development shall thereafter be carried out in accordance with the approved details and shall be so maintained.

Prior to the installation of the solar panels, a detailed scheme for their size, appearance including finish, and method of fixing to the roof shall be submitted to and approved in writing by the National Park Authority. Thereafter, the solar panels shall be installed in complete accordance with the approved details prior to first use of the pool house extension.

The external materials of the extension, including stonework, lintels, sills, window surrounds, roof slates and rainwater goods, hereby permitted (other than the pool house extension and glazed link), shall match those used in the existing building dwelling.

The roof verges of the extensions shall be flush cement pointed, with no barge boards or projecting timberwork.

The external north elevation wall of the pool house extension hereby approved shall be natural gritstone constructed with the external appearance of a gritstone dry stone boundary wall in accordance with details which shall have first been submitted to and approved in writing by the National Park Authority.

The roof area of the pool house extension hereby permitted shall not be used as a balcony, roof garden or similar amenity area. END OF CONDITIONS