Appeal 6004930

The appeal is allowed and planning permission is granted for the erection of a new single dwellinghouse, at [site address] , [site address] , Hethe [postcode] in accordance with the terms of the application, Ref 25/02983/F, subject to the conditions in the attached schedule.

Planning permission for the erection of a new single dwellinghouse at the appeal site was recently granted, subject to conditions, by the Council1. The appeal proposal is similar to that permission, except that it is proposed to increase the height of the roof, at both eaves and ridge level, by approximately 0.3m, and construct a dormer window to the front elevation. The previous decision constitutes a valid fallback position as there is a significant likelihood that the development, as approved, would take place should the appeal before me be dismissed. I have, therefore, given substantial weight to the fallback scheme in considering this appeal.

The main issue is the impact of the proposed development on the character and appearance of the Hethe Conservation Area, with particular regard to the height of the building and the dormer window to the front elevation.

The appeal site is an undeveloped plot of land in the rural village of Hethe, sitting between two existing houses facing [site address] . The site rises to the north of the highway, and the proposed dwelling would sit in a slightly elevated position relative to the street.

It is within the Hethe Conservation Area, which is focused on the core of the village and includes historic farmhouses, houses and cottages. The domestic buildings are predominantly of vernacular construction and of two storeys. There is a 1 Council Ref.: 25/01262/[name] 22 August 2025. pleasing variety to the scale of buildings as well as their materials, although local stone walls and natural slate roofs are predominant. There is also a variety to eaves and ridge lines, due to the varying heights of buildings and the changing topography.

The proposed increase of the ridge height, above that of the fallback scheme would be largely indiscernible, as would the associated change in volume of the building. In the context of the varied massing of buildings, and differences in roof heights in the village, the proposed dwellinghouse would not appear out of place.

Whilst most of the buildings in the village have eaves which sit just above the lintels of the windows at first floor, there are a number of examples in the Conservation Area where the eaves sit higher, such as the [name] listed [address] ([address]). Again, the proposed increase in height of the eaves would not appear out of place in the Conservation Area.

The Hethe Conservation Area Appraisal, 2022, states that dormer windows are not a traditional feature of this area, and that they are discouraged on front, principal or highway elevations where they do not already exist. However, at my site visit I observed a number of dormer and half-dormer windows on front elevations within the Conservation Area and village. Although not great in number, those dormers are relatively small, with most being symmetrically placed pairs.

However, I also observed at least one example in the Conservation Area of a dwelling with a single dormer window to its highway elevation, as well as examples of relatively wide half-dormer windows. In this context the proposed dormer window within the large front roof-slope would not appear uncharacteristic of the area, and would accord with the varied roofscapes in the Conservation Area.

I therefore conclude that the proposed development would not harm the character and appearance of the Hethe Conservation Area. As such there is no conflict with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 (the Local Plan) , 2015, and saved Policies C28 and C30 of the Cherwell Local Plan, 1996, which taken together seek to ensure that new development complements and enhances the character of the local area and is responsive to the historic environment.

The development also complies with the National Planning Policy Framework (the Framework) (2024) which requires consideration to be given to the impact of a proposal on the significance of designated heritage assets, including conservation areas. In coming to a decision, I have paid special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area, as required under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

I acknowledge the comments from interested parties objecting to the proposed development. They include concerns regarding matters such as overlooking, privacy and inadequate car-parking. However, in relation to the fallback scheme, the appeal proposal does not raise any significantly different issues relating to those matters, and as such they do not justify refusal of the appeal proposal.

I note the discrepancy between the number of bedrooms shown on the plans with that recorded on the application form, which has been brought to my attention. I have determined the appeal against the description of development and the drawings submitted.

In addition to the standard time condition, I have imposed a condition requiring that the development is carried out following the approved plans, for the avoidance of doubt and in the interests of certainty (Conditions 1 and 2).

To ensure that the living conditions of the occupants of the neighbouring properties are not adversely affected by loss of privacy, I have imposed a condition requiring details of the excavation to the rear garden (Condition 3) and a condition restricting permitted development rights relating to extensions and additional windows (Condition 21). For the same reason, a condition is necessary to ensure the window on the east elevation is permanently obscured (Condition 20).

To ensure satisfactory drainage of the site in the interests of avoid flooding of adjacent land and property, a condition requiring details of surface water drainage is necessary (Condition 4).

I have imposed a condition requiring details of tree protection measures to ensure there is no damage to trees in the Conservation Area (Condition 5). To ensure the development does not cause harm to protected species I have imposed a condition requiring a badger survey (Condition 6). To protect habitats of important biodiversity, conditions are necessary to ensure appropriate measures are put in place (Condition 15) and the development is carried out in accordance with the submitted Preliminary Ecological Assessment (Condition 19).

In common with the previous permission for the fallback scheme, I have imposed a condition for a survey of potential contaminants on site, in the interests of public safety (Condition 7), as well as a number of consequential conditions should contaminants be found (Conditions 8, 9, 17 and 18).

To ensure the recording and inspection of matters of archaeological importance on the site in accordance with the submitted [name] of Investigation, I have imposed a condition relating to an archaeological watching brief (Condition 10).

Conditions relating to approval of materials, samples and details of the proposed building and boundary treatment are necessary to safeguard the character and appearance of the area (Conditions 11, 12, 13 and 14).

In the interests of sustainability in accordance with the requirements of Policy ESD3 of the Local Plan, a condition is necessary to ensure the development meets the required water efficiency limit (Condition 16).

For the reasons given above, having considered the development plan as a whole, along with other relevant material considerations, I conclude that the appeal should be allowed subject to conditions.

The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.

Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the application forms and the following plans and documents: Drawing numbers • Site Location and Block Plan (V24 125 SLP 01 [name]) • Proposed Site Layout Plan (V24 125 P21) • [name] and Elevations (V24 125 P20) Documents • ‘[name] of Investigation’ by [name] (reference 929/HMS/1.1), dated March 2025 • ‘Heritage Asset Impact Assessment’ by [name] (reference 919/HMS/1.1), dated May 2025 • ‘[name] by Arbtech, dated March 2025 • ‘[name] datasheet from Dunster

No development shall commence until details of the existing and proposed grounds levels of the rear garden, including clear demarcation of the proposed extent of excavation, have been submitted to and approved in writing by the local planning authority. The excavation to the rear garden shall be carried out in accordance with the approved details prior to the first occupation of the development hereby approved and retained as such for the lifetime of the development.

No development shall commence until a scheme for the provision and implementation of surface water drainage has been submitted to and approved in writing by the local planning authority. The drainage works shall be constructed and completed in accordance with the approved plans before the first occupation of any of the buildings/dwellings hereby approved and shall be maintained as such thereafter.

No development shall commence until the existing trees to be retained as shown on drawing number V24-125-P21 have been protected in accordance with details that shall first be submitted to in writing and approved by the local planning authority. The submitted details must be in accordance with BS 5837:2012. The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development and shall be maintained until the development is completed. Nothing shall be stored or placed within the areas protected by the barriers.

No development shall commence, including any demolition and any works of site clearance, until a badger survey (which shall be in accordance with best practice guidelines) has been carried out, and the findings, including a mitigation strategy, if necessary, have been submitted to and approved in writing by the local planning authority. The survey must be carried out not more than three months prior to the commencement of development. Thereafter, all works of mitigation shall be carried out in accordance with the approved details.

No part of the development hereby permitted shall commence until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been carried out by a competent person and in accordance with DEFRA and the Environment Agency's "[name] (LCRM)" and has been submitted to and approved in writing by the Local Planning Authority. No development shall take place until the local planning authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.

If a potential risk from contamination is identified as a result of the work carried out under condition 7, prior to the commencement of the development hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's "[name] (LCRM)" and submitted to and approved in writing by the Local Planning Authority. No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

If contamination is found by undertaking the work carried out under condition 8, prior to the commencement of the development hereby permitted, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's "[name] (LCRM)" and submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

No development shall commence on site without the appointed archaeologist being present in accordance with the [name] of Investigation by [name] (reference 929/HMS/1.1), dated March 2025. Once the watching brief has been completed its findings shall be reported to the Local Planning Authority, as agreed in the [name] of Investigation, including all processing, research and analysis necessary to produce an accessible and useable archive and a full report for publication which shall be submitted to the Local Planning Authority within two years of the completion of the archaeological fieldwork.

No development shall commence above slab level until samples of the walling and roofing materials to be used in the dwelling have been submitted to and approved in writing by the local planning authority. The development shall not be carried out other than in accordance with the approved samples and shall be retained as such thereafter.

No development shall commence above slab level until sample panels of the materials to be used in the construction of the external walls have been prepared on site for inspection and approved in writing by the local planning authority. The sample panels shall be at least 1 metre x 1 metre and show the proposed materials, bond and pointing technique. The sample panels shall not be removed from the site until completion of the development. The development shall not be carried out other than in accordance with the approved samples and shall be retained as such thereafter.

No development shall commence above slab level until details of the construction, including cross sections, cills/jambs, lintels/heads, reveals and colour/finish of the proposed windows, doors, sliding doors, rooflights, dormers, eaves, and verges, to an appropriate scale (of not less than 1:20) have been submitted to and approved in writing by the local planning authority. Windows must be flush slimline timber casements with true glazing bars and no trickle vents and rooflights must be flush conservation type. The development shall be carried out in strict accordance with the approved details prior to the first occupation of the dwelling and shall be retained as such thereafter.

No development shall commence above slab level until full details of the enclosures along all boundaries of the site has been submitted to and approved in writing by the local planning authority and such means of enclosure shall be erected prior to the first occupation of the dwelling and shall be retained as such thereafter.

No development shall commence above slab level until a biodiversity enhancement scheme has been submitted to and approved in writing by the local planning authority. The biodiversity enhancement measures approved shall be carried out prior to occupation and shall thereafter be retained in full accordance with the approved details.

No dwelling shall be occupied until it has been constructed to ensure that it achieves a water efficiency limit of 110 litres person/day and shall continue to accord with such a limit thereafter.

If remedial works have been identified in condition 8, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 9. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development [or relevant phase of development] is resumed or continued.

The development hereby permitted shall be carried out in accordance with the recommendations set out in the [name] by Arbtech, dated 17th March 2025, unless otherwise agreed in writing by the local planning authority.

The first-floor window in the eastern side elevation shall be obscure glazed, using manufactured obscure glass, level 3 or above, that is impenetrable to sight. The window shall also be non-opening, unless those parts which can be opened are more than 1.7m above the floor level of the room in which it is installed and shall be permanently retained as such thereafter.

Notwithstanding the provisions of Schedule 2, Part 1, [name] inclusive of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no enlargement of the dwellinghouse shall be undertaken at any time, nor shall any new windows or other openings, other than those shown on the approved plans, be inserted in the walls or roof of the dwellinghouse, nor any building or structure be erected or placed within the curtilage of the dwellinghouse hereby permitted, without the specific grant of planning permission from the local planning authority. ***END OF CONDITIONS***