Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision Site Visit made on 26 July 2021 by Mark Ollerenshaw BSc (Hons) MTPl MRTPI an Inspector appointed by the Secretary of State Decision date: 11 August 2021 Appeal Ref: APP/E2734/W/21/3270340 Flat 2, The Mews, 23 Beech Grove, Harrogate HG2 0EX • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Andrew Beecher against the decision of Harrogate Borough Council. • The application Ref 20/04754/FUL, dated 26 November 2020, was refused by notice dated 2 March 2021. • The development proposed is described on the application form as ‘Repairs to conservatory (retrospective)’. Decision 1. The appeal is allowed and planning permission is granted for repairs to conservatory at Flat 2, The Mews, 23 Beech Grove, Harrogate HG2 0EX in accordance with the terms of the application, Ref 20/04754/FUL, dated 26 November 2020, subject to the following condition: 1) The development hereby permitted relates to approved plans, reference Location Plan, Block Plan and drawing number B.G.(23)/02 Rev C. Preliminary Matters 2. It is clear from the description of development and from my site visit that the development has been carried out.

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision I have considered the appeal scheme accordingly. I have omitted reference to the retrospective nature of the proposal in the decision above since this is not an act of development. 3. Although not included as a reason for refusal on the decision notice, the Council’s delegated report clearly concludes that the development has an unacceptable impact on the character and appearance of the Conservation Area. I have considered this matter in my decision. 4. On 20 July 2021, the Government published a revised version of the National Planning Policy Framework (the Framework). Since the revised Framework does not materially alter the national policy approach in respect of the issues raised in this appeal and as such their cases would not be prejudiced, I have not consulted the main parties on the revised Framework. I have referred to the 2021 iteration of the Framework in my findings. Main Issues 5. The main issues are whether the development preserves or enhances the character or appearance of the Harrogate Conservation Area; and the effect of the development on the living conditions of the neighbouring occupiers of the ground floor apartment, with particular regard to outlook, light and privacy.

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision https://www.gov.uk/planning-inspectorate

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/E2734/W/21/3270340 Reasons Character or appearance of the Conservation Area 6. The appeal site comprises a first floor apartment located within a terraced row of properties on the western side of Beech Grove. In common with other properties in the immediate vicinity, the appeal property includes a two storey outrigger to the rear. Access to the apartment is from Victoria Road to the rear. The site is located within the Harrogate Conservation Area. This part of the Conservation Area is predominantly residential and its character is derived partly from the attractive traditional stone buildings of varying sizes and designs set within pleasant verdant surroundings. 7. The appeal proposal relates to repairs to the first floor rear conservatory located at the end of the outrigger. The development is of similar scale to the previous conservatory but it is of a more solid construction comprising full height walls to the side elevations with a large glazed opening with aluminium frames to the rear elevation in place of the previous upvc frame and glazing. The roof structure comprises a GRP flat roof with a lantern. 8.

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision I have considered the effect of the scheme in the context of the obligations under the Act1, which requires special regard to be given to the desirability of preserving the character or appearance of the Conservation Area. This is reflected in paragraph 199 of the Framework which requires that great weight should be given to the asset’s conservation when considering the impact of a proposal on its significance. 9. During my site visit I observed that, due to its elevated position, the proposal is partially visible from Victoria Road to the rear and also from Otley Road to the south. However, due to intervening buildings and vegetation, it is not a prominent feature in the street scene. 10. The proposal has been finished in painted block and render walls which reflect the appearance of the existing two storey outrigger and other outriggers to neighbouring properties. Although the large glazed opening to the rear elevation of the extension is not a characteristic feature of properties in the area, I find that this is no more visually harmful than the previous fully glazed conservatory.

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision Overall, the proposal is not harmful to the appearance of the appeal property or the street scene in comparison with the previous conservatory structure. 11. I therefore consider that the development has preserved the character and appearance of the Conservation Area. There is no conflict with Policies HP2 and HP3 of the Harrogate District Local Plan 2020 which, amongst other things, seek to ensure that proposals affecting a heritage asset, or its setting, protect or enhance those characteristics which contribute to its special architectural or historic interest. There is also no conflict with the Framework which seeks to conserve and enhance the historic environment. Living conditions 12. The neighbouring ground floor apartment of No 23 includes a garden to the rear, which is bounded by two storey rear outriggers immediately to the north 1 Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 https://www.gov.uk/planning-inspectorate 2

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision Appeal Decision APP/E2734/W/21/3270340 and south. This creates a sense of enclosure to the garden which is a relatively common feature of other gardens to the rear of terraced properties in the area. 13. The southern side wall of the extension has been built immediately adjacent to the boundary with the ground floor apartment’s garden. Although the side walls of the proposal are of solid construction, it is of broadly the same size as the previous conservatory and its height remains below the ridge of the original outrigger. The neighbour’s garden is already significantly overshadowed due to its position at the rear of the terrace where it is flanked by the existing two storey outriggers on both sides. 14. The more open aspect to the west of the ground floor apartment’s garden area is largely unaffected by the appeal proposal. This is because the proposal is situated to the north of the neighbour’s garden, which also reduces its impact on light to that area. In this context, the proposal does not have a significant additional effect on the outlook from the neighbour’s garden or result in an overbearing or overshadowing effect to that area. 15.

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Appeal Decision The proposal does not contain any window openings to the side elevations and consequently does not cause any loss of privacy to the neighbour’s garden. Indeed, in this respect the proposal has improved privacy levels for this neighbour when compared to the previous conservatory structure which was glazed to the side elevations and had more potential for overlooking. 16. I therefore conclude that the appeal scheme is not harmful to the living conditions of the neighbouring occupiers of the ground floor apartment in terms of the effects on outlook, light and privacy. Consequently, it does not conflict with Policies HP4 and HS8 of the Local Plan which, amongst other things, seek to ensure that development would not adversely affect the amenity of neighbouring occupiers. Conditions 17. I have had regard to the Council’s suggested conditions. As the development has already taken place, a condition setting out the external materials of the development is unnecessary. I have however, for clarity and enforceability, set out the approved plans. Conclusion 18. For the above reasons, and subject to the condition specified, the appeal should be allowed.

Flat 2, The Mews, 23 Beech Grove, HARROGATE, HG2 0EX — Harrogate Borough Council * — Mark Ollerenshaw INSPECTOR https://www.gov.uk/planning-inspectorate 3