Appeal 6004146

The appeal is allowed and planning permission is granted for Removal of 5 spaces and the creation of 4No. EV car parking spaces including charge points and associated equipment at The Rovers Tye, [site address] , Colchester, Essex [postcode] in accordance with the terms of the application, Ref 251178, subject to the conditions in the attached schedule.

The main issue is the effect of the proposed development on the setting of the [name] listed building of The Rovers Tye.

I have considered the duties contained in the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) in determining this appeal. The Act contains duties whereby special regard should be given to the desirability of preserving listed buildings, their setting or any features of special architectural or historic interest which it possesses.

[address] is a [name] listed building and used to be a farmhouse. It’s significance comes from the two storey late C17/early C18 building that faces towards the roundabout and [site address] , with its strong display of traditional craftmanship and its preserved architectural style. The beer garden also adds to the significance, as this is one of the few areas left that reflects the open space when it was a farmhouse surrounded by extensive farmland as well as providing an attractive frontage. The modern car park adds very limited significance to the listed building, as from the evidence submitted and my site visit it appears partially separated by modern additions to the original listed building and is a relatively modern feature. Its limited significance comes from it preserves a small proportion of the wider setting that the listed building once benefited from and forms the entrance that many people enter the site from.

The proposed development is seeking to create electric vehicle charging points adjacent to the vehicular entrance to the pub car park. Whilst the proposal creates a small additional amount of soft landscaping, the proposed charging points would be clearly visible as you approach the site entrance from [address]. In addition, the charging points would be out of keeping with the traditional styles of [address]. However, the harm is limited due to the modern buildings that would form the backdrop to the development, the distance from the primary element of the listed building, the very limited amount of charging points proposed and the limited significance that the car park adds to the heritage asset.

Whilst it is likely that alternative positions within the pub car park and/or additional landscape could prevent or further minimise harm, this has limited weight against the proposal. The appellant’s argument that alternative locations would be financially unviable is noted, as whilst I have not been presented with any evidence to demonstrate this it is likely placing the charging points in the southwest corner of the car park would create more construction work. The appellants argument on construction costs has limited weight in favour of the proposal.

In terms of the National Planning Policy Framework 2024 (Framework) for similar reasons, the proposal causes less than substantial harm to the significance of the Listed Building of The Rovers Tye. Paragraph 215 of the Framework states that in these circumstances this harm should be weighed against the public benefits of the proposal. The public benefit of this proposal is the provision of the electric charging points, which are promoted by both the Framework and local policy. It is accepted that at least some staff and/or customers would likely use the charging points. It is also accepted that some residents who don’t have convenient charging points would use the charging points proposed. In this case this public benefit does outweigh the harm.

I therefore conclude on this issue that whilst the proposal does cause harm to the heritage asset of The Rovers Tye; this harm is outweighed by the public benefit and on this basis, it complies with the Framework. The proposal also complies with Policy DM16 of the Local Plan 2017- 2033 Section 2 [name] 2022 that follows the principles set within the Framework. The proposal conflicts with Policy SP7 of the Colchester Borough Local Plan 2013-2033 Section 1 [name] 2021 that requires preservation or enhancement to the historic environment, though this policy is outweighed by the requirements of the Framework.

The appellant has confirmed they agree with all the suggested conditions without prejudice by the Council, including the pre-commencement condition.

A condition requiring development is commenced within 3 years is standard and will be duly added.

I sought clarification on the suggested condition regarding relevant plans, as the elevational details of the [name] and [name] are not included. The appellant has confirmed their acceptance of the Council’s proposed condition and on this basis, I will add a separate condition for the elevational details to be determined at a later stage.

A condition relating to when construction work shall be undertaken is reasonable given the closeness of the site to residential properties. I have added in the words public holiday to provide greater clarity of when construction work can be undertaken.

The condition regarding the finished appearance of the charging units will ensure an appropriate finished appearance. I have removed ‘unless otherwise agreed in writing by the Local Planning Authority’, as this is not good practice.

A soft and hard landscaping scheme is required to ensure harm to the heritage asset is minimised.

The suggested conditions regarding hours of operation and lighting are considered necessary to protect residential amenity from noise pollution and undue light pollution.

For the reasons given above 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 the details shown on the submitted [name]: ‘Location Plan’ indexed onto the case file on the 6th June 2025; ‘Proposed site plan’; ‘Proposed site plan annotated’, and ‘Proposed site section’ – all indexed onto the case file on the 22nd June 2025.

No development above ground level shall take place until full elevation details of the [name] and [name] have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

No construction work shall take place outside of the following times; Weekdays: 08:00-18:00 Saturdays: 08:00-13:00 Sundays, Public and [name]: No working.

Within 3 months of the installation of the EV charging equipment and associated rectifier units, the external surfaces of the equipment shall be painted in a dark green colour (RAL6009 or similar). The equipment shall thereafter be maintained in that colour for the lifetime of the development.

No development shall commence until a detailed scheme of hard and soft landscaping for the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include: A. Details of native hedgerow planting along the site boundaries, including species, planting densities and heights; [name] of additional tree and shrub planting to soften views of the electric vehicle charging infrastructure; [name] to break up areas of hardstanding and introduce planted areas within the site where feasible; [name] timetable for implementation of the approved landscaping scheme; and [name] of a management and maintenance plan for a minimum of five years following planting, including replacement of any trees or plants that die, are removed, or become seriously damaged or diseased. The approved landscaping scheme shall be implemented in accordance with the approved timetable and thereafter retained and maintained in accordance with the approved management plan.

The electric vehicle charging points hereby approved shall only be available for use between the hours 09:00 and 20:00 Monday to Sunday. No charging activity shall take place outside of these hours.

All lighting shall comply with the Institution of [name] (ILP) Guidance Notes for the Reduction of [name] (GN01) or any successor guidance. End of Schedule