Case 3277449

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE

East Hertfordshire District Council — appeal allowed

Outcome
Allowed
Decision date
29 June 2022
Authority
East Hertfordshire District Council
Inspector
Thompson P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr & Mrs D Townsend
Agent
Barker Parry Town Planning Limited
LPA reference
3/20/0971/HH
ONS LPA code
E07000242
Jurisdiction
Transferred
Link status
Lead
Start date
15 November 2021

Summary AI

The inspector allowed both appeals, concluding that the proposed orangery and associated works would preserve the Grade II listed building and its special interest. The proposal respects the proportions and detailing of the existing fenestration, and the removal of the canopy would enable the existing brickwork to be repaired.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions Site visit made on 15 June 2022 by Paul Thompson DipTRP MAUD MRTPI an Inspector appointed by the Secretary of State Decision date: 29th June 2022 Appeal A Ref: APP/J1915/W/21/3277449 Mylnefield, Hillside Lane, Great Amwell SG12 9SE • 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 & Mrs D Townsend against the decision of East Hertfordshire District Council. • The application Ref 3/20/0971/HH, dated 22 May 2020, was refused by notice dated 8 April 2021. • The development proposed is canopy removal, new orangery and revised sitting room external door. Appeal B Ref: APP/J1915/Y/21/3277447 Mylnefield, Hillside Lane, Great Amwell SG12 9SE • The appeal is made under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a refusal to grant listed building consent. • The appeal is made by Mr & Mrs D Townsend against the decision of East Hertfordshire District Council. • The application Ref 3/20/0972/LBC, dated 22 May 2020, was refused by notice dated 8 April 2021. • The works proposed are canopy removal, new orangery and revised sitting room external door. Decision Appeal A 1.

Page 1 · Chunk 1 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions The appeal is allowed and planning permission is granted for removal of canopy and replacement with an orangery; replacement of existing sitting room windows with a door and windows to either side; and erection of wall, piers and gates at Mylnefield, Hillside Lane, Great Amwell SG12 9SE, in accordance with the terms of the application, Ref 3/20/0971/HH, dated 22 May 2020, subject to the attached schedule of conditions. Appeal B 2. The appeal is allowed and listed building consent is granted for removal of canopy and replacement with an orangery; replacement of existing sitting room windows with a door and windows to either side; and erection of wall, piers and gates at Mylnefield, Hillside Lane, Great Amwell, SG12 9SE in accordance with the terms of the application Ref 3/20/0972/LBC dated 22 May 2020 and the plans submitted with it, subject to the attached schedule of conditions. Procedural Matters 3. The description contained in the banner headings above, which is taken from the Application Form does not include reference to the proposed wall, piers and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions Appeal Decisions APP/J1915/W/21/3277449, APP/J1915/Y/21/3277447 gates shown on the application drawings. There is also no reference to it on the Decision Notices or Appeal Forms. I therefore wrote to the main parties and suggested an alternative description: ‘removal of canopy and replacement with an orangery; replacement of existing sitting room windows with a door and windows to either side; and erection of wall, piers and gates’. This more accurately reflects the scheme that the Council consulted on, so I am satisfied that no interested party would be prejudiced by its use in the appeals. 4. The two appeals concern the same scheme under different, complementary legislation, so I have dealt with both appeals together in my reasoning. 5. The National Planning Policy Framework was revised on 20 July 2021 (the Framework). The main parties have had the opportunity to comment upon the relevance of any of its revised content and I have had regard to any responses received in my decision. 6. The appeal site is situated within the Green Belt. The Council has not raised concerns in its refusal reasons to the inappropriateness of the development or any effect on openness.

Page 2 · Chunk 3 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions I have therefore determined the appeal on this basis and dealt solely with the matters that are in contention in the main issue. Main Issue 7. The Decision Notices do not identify the Council’s specific areas of concern with the proposal, but the Officer Reports are clear that this is directed at the lantern on the roof of the proposed orangery. The main issue is therefore whether the proposed orangery would preserve the Grade II listed building, known as Mylnefield, and any features of special historic interest that it possesses. Reasons Special Interest 8. The appeals concern a fine two-storey detached house, which is Grade II listed. It is constructed of grey brick and its hipped slate roof is articulated with prominent overhanging eaves incorporating wide plastered soffits. The windows of the front façade are finely detailed sashes within canted bays either side of an elegant central stucco porch at ground floor, and which rise to the eaves at first floor. The windows to the southwest elevation are similarly detailed. 9. The listing description points to the origins of the house being the early 19th Century but the evidence prepared by the appellants suggests it is more likely to date from the 1860s-70s.

Page 2 · Chunk 4 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions In particular, the historic map of 1859 appears to show a much smaller house within the site, which is likely to have been enlarged in size some time thereafter. The extent of involvement of the prominent engineer, Robert Mylne, in its construction is also uncertain given that he died in 1811 and the ownership of land did not change to the Mylne family until the second half of the century. 10. While the early mapping presented may not be as accurate as shown in other later maps before me, the Council has produced no substantive evidence of its own to challenge the appellants’ evidence, which demonstrates that the current house may have been constructed in the second half of the 19th Century, and therefore within the Victorian era. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions Appeal Decisions APP/J1915/W/21/3277449, APP/J1915/Y/21/3277447 11. It is clear that the current house has been altered over time, the most notable alterations being the addition of a further bay to the north end of the house, most likely in the 1970s; and through changes to the canopy to the southern end, dating from after 2010. The latter is of a simple and pleasant form, but of limited significance as its flank wall is poorly tied into the house. 12. Despite modern alterations, as far as it is relevant to the appeal before me, the significance of the listed building lies in its architectural and historic interest as a fine example of a 19th Century house. In particular, elaborate timber detailing is found in its fenestration. Effect of the Proposed Orangery 13. The proposed orangery would be constructed on a brick base with painted timber framing, panelling, cornices, windows, and doors. The cornice would extend into a parapet with an aluminium capping above a solid roof and the raised glass lantern to its centre. This would project slightly above the parapet. 14.

Page 3 · Chunk 6 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions The size and scale of the proposed orangery, including the extent of its projection from the southwest façade would respect the proportions of the listed building and not detract from it. Moreover, the nature and extent of detailing employed in its construction would follow the principles of joinery found in the fenestration of the house. The removal of the flank wall of the canopy and its step inward of the corner of the house would also enable the existing brickwork from the canopy to be toothed out and the external house wall to be repaired. As I alluded to in establishing the main issue, the Council also did not raise any concerns in respect of any of these matters. 15. The intended use of the proposed orangery would not be in its purest form, to house orange or citrus trees or grow other exotic plants, but it is certainly designed as one, which is not disputed by the Council. The presence of a roof lantern would therefore not be out of context with the proposal or the existing house. The appellant has also provided convincing evidence of larger panes of glass and supporting glazing bars being used in earlier 19th Century buildings.

Page 3 · Chunk 7 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions Given the evidence before of the origins of the current house, the inclusion of the lantern and its larger panels of glass, associated with Victorian architecture, would not be harmful to the special interest of the listed building. 16. In light of the above, I conclude that the proposed orangery would preserve the Grade II listed building, and the features of special historic interest that it possesses. This would satisfy the requirements of sections 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) and would not conflict with the design and heritage aims of Policies DES4, HA1, HA7 and HOU11 of the East Herts District Plan 2018 (DP) and Section 16 of the Framework. Other Matters 17. The appeal proposal also includes two further aspects, namely replacement of existing windows on the southwest façade, which serve the sitting room, with a central door and side windows; and one-metre-high wall, piers, and gates. 18. The proposed door and windows would replace a tripartite arrangement of windows beneath an existing fanlight, which would be retained.

Page 3 · Chunk 8 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions The appellants’ Heritage Statement demonstrates that this was an earlier replacement of a canted bay window similar to those at the front. The lowering of the opening to https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 9 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions The appellants’ Heritage Statement demonstrates that this was an earlier replacement of a canted bay window similar to those at the front. The lowering of the opening to https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions Appeal Decisions APP/J1915/W/21/3277449, APP/J1915/Y/21/3277447 accommodate the windows and door would restore a previous opening so there would not be a loss of historic fabric, and their form and appearance would respect the proportions and detailing of existing fenestration. 19. The wall, piers, and gates would join to the southeast corner of the house and extend outwards in the same direction, like the existing wall to the southwest corner. They would all be relatively modest in scale and positioned clear of the front façade of the listed building, so it would not be disturbed. Views from and into the garden would also continue to be available over them. 20. Both aspects of the proposal would therefore preserve the special interest of the listed building and accord with the design and heritage aims of the aforementioned design and heritage policies and the requirements of the Act. I note that the Council did not object to either aspect of the proposal. 21. The appeal property is also situated within the Great Amwell Conservation Area (CA), so I have had regard to Section 72(1) of the Act. This requires special attention be given to the desirability of preserving or enhancing the character or appearance of the CA.

Page 4 · Chunk 11 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions The listed building is a relatively high-status building and makes an important contribution to the significance of the CA. However, given that the proposal relates to works to the southern side of the property and there would be limited visibility of them from public areas. Hence, they would preserve the character and appearance of the CA and its significance, as required by the Act and heritage policies of the Framework and DP. Conditions 22. In addition to the standard time limits for both appeals, in the interests of clarity I have specified the approved plans in Appeal A. This is unnecessary in the listed building consent appeal, as the decision incorporates the plans. Furthermore, in the interests of preserving the special interest of the listed building, conditions for the specifications and samples of materials are necessary, including for the proposed doors, fenestration and making good of the existing house. I have therefore merged the requirements of the conditions suggested by the Council to one overarching condition for materials, except that which relates to the use of cast iron for rainwater goods. 23.

Page 4 · Chunk 12 Appeal Decisions

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Appeal Decisions The appellant has undertaken a Preliminary Roost Assessment in order to assess the potential for bats within the house. This found potential roosting features and access points to have low potential for roosting bats. The Officer Report suggested a condition would be required to secure a follow-up dusk emergence / dawn re-entry survey. However, the proposal does not affect the loft or roof of the house and there is no indication it would affect bats, so a condition of this nature would not be reasonable or necessary. Conclusion 24. For the reasons given above, I conclude that both of the appeals should be allowed.

Page 4 · Chunk 13 Paul Thompson

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Paul Thompson INSPECTOR https://www.gov.uk/planning-inspectorate 4

Page 4 · Chunk 14 Paul Thompson

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Paul Thompson INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decisions APP/J1915/W/21/3277449, APP/J1915/Y/21/3277447 Schedule of Conditions Appeal A Ref: APP/J1915/W/21/3277449 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: EX02 B, OS-2, PL10 D and PL11 E. 3) Specifications and samples of the materials to be used in the construction of the external surfaces of the development hereby granted, including 1:20 scaled drawings of the fenestration and doors, shall be submitted to and approved in writing by the local planning authority prior to their use on site. The development shall thereafter be carried out in accordance with the approved specifications/samples. 4) All new or replacement rainwater goods shall be in black painted cast iron. Appeal B Ref: APP/J1915/Y/21/3277447 1) The works authorised by this consent shall begin not later than three years from the date of this consent.

Page 5 · Chunk 15 Paul Thompson

Mylnefield, Hillside Lane, Great Amwell, Hertfordshire, SG12 9SE — East Hertfordshire District Council — Paul Thompson 2) Specifications and samples of the materials to be used in the construction of the external surfaces of the works hereby granted, including 1:20 scaled drawings of the fenestration and doors and materials for making good of the existing house, shall be submitted to and approved in writing by the local planning authority prior to their use on site. The works shall thereafter be carried out in accordance with the approved specifications/samples. 3) All new or replacement rainwater goods shall be in black painted cast iron. End of Schedules https://www.gov.uk/planning-inspectorate 5

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
Against appellant
¶8

The current house has been altered over time, but the significance of the listed building lies in its architectural and historic interest as a fine example of a 19th Century house.

Living conditions
Against appellant
¶11

The house has been altered over time, with the most notable alterations being the addition of a further bay to the north end of the house, most likely in the 1970s; and through changes to the canopy to the southern end, dating from after 2010.

Heritage impact
For appellant
¶12

The proposed orangery would respect the proportions of the listed building and not detract from it. The nature and extent of detailing employed in its construction would follow the principles of joinery found in the fenestration of the house.

Planning obligations
For appellant
¶18

The proposed door and windows would replace a tripartite arrangement of windows beneath an existing fanlight, which would be retained. The lowering of the opening to accommodate the windows and door would restore a previous opening so there would not be a loss of historic fabric.

Living conditions
For appellant
¶19

The wall, piers, and gates would join to the southeast corner of the house and extend outwards in the same direction, like the existing wall to the southwest corner. They would all be relatively modest in scale and positioned clear of the front façade of the listed building, so it would not be disturbed.

Heritage impact
For appellant
¶20

The proposal would preserve the special interest of the listed building and accord with the design and heritage aims of the aforementioned design and heritage policies and the requirements of the Act.

Ecology and biodiversity
Neutral
¶23

The appellant has undertaken a Preliminary Roost Assessment, which found potential roosting features and access points to have low potential for roosting bats. The proposal does not affect the loft or roof of the house and there is no indication it would affect bats.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan D1
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 29 June 2022 under the Open Government Licence.