Appeal 6003414

Appeal A: The appeal is allowed and planning permission is granted for 10 external downlights at [site address] in accordance with the terms of the application, Ref 3/25/1233/HH, subject to the following conditions:

The development hereby permitted shall be carried out in accordance with drawing nos 01 Revision 1; 02 Revision 1 and 02 Revision 3.

The downlights and any associated wiring hereby approved shall always be colour treated to match the weatherboarding on which they are sited.

Appeal B: The appeal is allowed and listed building consent is granted for 10 external downlights at [site address] in accordance with the terms of the application Ref 3/25/1234/LBC and the plans nos 01 Revision 1; 02 Revision 1 and 02 Revision 3 submitted with it, subject to the following condition:

The downlights and any associated wiring hereby approved shall always be colour treated to match the weatherboarding on which they are sited

These decisions address both planning and listed building consent appeals for the same site and the same scheme. To prevent duplication and for the avoidance of doubt, I have dealt with both appeals within a single decision letter.

I have had special regard to sections 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) as appropriate in reaching my decisions. These require me to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

While both appeals refer to 10 downlights, the siting of 3 of them have been approved through separate permission/consent. Notwithstanding, I have based my assessment on the proposals before me, which are for 10 downlights. At my site visit, I observed the downlights were in place and I have based my decision on what I observed at my site visit. I have amended the description of development in my decision to remove reference to retention as this does not form part of the act of development, or the act of works as defined in the Act. It should also be noted that the grant of listed building consent applies only to those works expressly applied for.

The main issue for both appeals is the effect of the proposal on the special architectural and historic interest of the [name] listed building [name] at [address] (40 [name] of House) 1 (the Barn).

The Barn dates from the early 17th century, altered and extended in the 19th and 20th centuries and converted into two dwellings in the 1980s. It is a timber framed building, with the exterior largely finished in dark weatherboard. It forms part of a wider group of farm buildings, generally arranged in a courtyard relationship.

From the evidence before me and my observations at my site visit, the special interest of the Barn as it relates to these appeals is derived from its architectural and historic interest as a vernacular building, converted from agricultural to residential use reflecting changing patterns of land use. Important contributing factors to this which are pertinent to the appeals are its use of traditional methods of construction and surviving historic fabric.

The appeals relate to downlights that have already been installed on the property. There are three each to the rear and exterior side elevation, and four to the front elevation. One downlight has been approved on each elevation.

The downlights are modest in size and scale. They have been positioned mid-height along [site address] which forms part of the listed building. They have been carefully positioned on the weatherboarding to sit within the height of one board, colour treated to match the boarding and have minimal fixings. The associated wiring is also colour treated and set along the edge of the boards. As such, they can be considered to be discretely sited as sought by the advice of Historic England contained within their advice on ‘[address] Buildings’. They are not prominent or obtrusive features on the building, either individually or cumulatively. 1 [name]:1347554 Date first listed:24 January 1984

The plans before me indicate other, larger lights and cameras and I observed these, albeit not always precisely as indicated. In general, these were sited close to the eaves of the property, some distance from the downlights. There were also other typical domestic features attached to the building such as brackets and extractor flues which were typically at mid-height. However, given the substantial scale of the building, there is not an adverse cumulative impact arising from the siting of the downlights, nor do they lead to the building having a cluttered appearance.

There are not equivalent downlights on [address], which makes up the remainder of the listed building. However, the downlights are so limited in their visual impact that this would have a neutral effect on the special interest of the listed building.

The level of illumination generated by the downlights, as evidenced in the photographs submitted by the appellant, would be of a form commonly seen on domestic properties. Any illumination would also have a neutral effect on the special interest of the listed building.

Having considered the development and works, I conclude they preserve the special architectural and historic interest of the [name] listed building [name] at [address] (40 [name] of House) and any features of special architectural or historic interest which it possesses and would not harm its significance. In doing so it would satisfy the requirements of sections 16(2) and 66(1) of the Act and the provisions of the Framework in respect of designated heritage assets. It would also be in accordance with East Herts District Plan (October 2018) (EHDP) Policies HOU11, DES4, HA1 and HA7 which taken together require proposals to preserve the historic environment of [name], to not have any adverse effect on the architectural and historic character or appearance of the exterior of the building and to respect the scale and finishes of the building.

[name] have found there would not be harm arising from the downlights, it is not necessary for other means of illuminating the site to be considered. The previous decision on the site would not alter my assessment of the appeals before me.

Given that the development and works have been carried out, I have not imposed conditions imposing a time period for commencement. I have attached an approved plans condition to Appeal A to define the terms of the permission. While it is not necessary for an approved plans condition to be imposed on a listed building consent, I have nonetheless referenced the plans in my decision for the avoidance of doubt. I have also imposed a condition to both appeals requiring that the downlights and their associated wiring are always colour treated the same as the weatherboarding to ensure they remain unobtrusive.

Appeal A: The proposed development would not conflict with the development plan. There are no material considerations which indicate that the decision should be made other than in accordance with the development plan. Therefore, for the reasons given and subject to conditions, I conclude that Appeal A should be allowed.

Appeal B: For the reasons given and subject to condition, I conclude that Appeal B should be allowed.