19 Chorley Road, Parbold, WIGAN, WN8 7AN
West Lancashire District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 12 April 2022
- Authority
- West Lancashire District Council
- Inspector
- Johnson W
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr and Mrs Phil and Esther Cropper
- Agent
- STEVEN ABBOTT ASSOCIATES
- LPA reference
- 2021/0578/FUL
- ONS LPA code
- E07000127
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 25 January 2022
Summary AI
The appeal for a four-bedroom detached dwelling house in the Lancaster Lane Conservation Area was dismissed due to the proposed development's negative impact on the area's character and appearance.
PDF text
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision Site visit made on 6 April 2022 by Mr W Johnson BA(Hons) DipTP DipUDR MRTPI an Inspector appointed by the Secretary of State Decision date: 12th April 2022 Appeal Ref: APP/P2365/W/21/3285657 19 Chorley Road, Parbold, Wigan WN8 7AN • 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 and Mrs Philip and Esther Cropper against the decision of West Lancashire Borough Council. • The application Ref 2021/0578/FUL, dated 4 May 2021, was refused by notice dated 15 July 2021. • The development proposed is described as: ‘four bedroom detached dwelling house making up two-storeys with a garage’. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal site is located within the Lancaster Lane Conservation Area (the LLCA). In accordance with Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), I have paid special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area. 3.
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision The appellant has cited Policies GN1 (Settlement Boundaries), EN2 (Preserving and Enhancing West Lancashire’s Natural Environment), IF2 (Enhancing Sustainable Transport Choice) and RS1 (Residential Development) of the West Lancashire Local Plan 2012-2027, October 2013 (LP) in their submission, which they consider to be relevant in addition to those cited by the Council on its decision notice. The Council has provided a copy of the additional policies in its questionnaire and has had the opportunity to comment on these additional policies. However, I do not consider that LP Policies EN2 and IF2 are relevant in the determination of this appeal, given the main issue below. Main Issue 4. The main issue of this appeal is the effect of the proposed development on the character and appearance of the appeal site and whether the proposal would preserve or enhance the character or appearance of the LLCA. Reasons 5. The appeal site currently comprises part of the garden to No 19, which in turn forms a generous plot in the LLCA, and is identified in the LLCA Conservation Area Appraisal 2003, as a building that makes an important contribution to the character of the conservation area.
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision LP Policies GN3 and EN4 seek for proposals to have regard to historic character of the local landscape and/or townscape, and prevent development that would adversely affect a conservation area, https://www.gov.uk/planning-inspectorate
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision LP Policies GN3 and EN4 seek for proposals to have regard to historic character of the local landscape and/or townscape, and prevent development that would adversely affect a conservation area, https://www.gov.uk/planning-inspectorate
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision Appeal Decision APP/P2365/W/21/3285657 respectively and amongst other things. Paragraph 197 of the National Planning Policy Framework (the Framework) requires local planning authorities to take account of the desirability of sustaining and enhancing the significance of heritage assets, and the desirability of development making a positive contribution to local character and distinctiveness. 6. The plot serving No 19 would be subdivided to accommodate the proposed development. The subdivision of the existing plot would result in a notable reduction in the size of the plot serving No 19. However, I accept that this would be comparable to the plot at 17 Chorley Road, which adjoins the site. Whilst I note some smaller plots when compared to No 19 within the LLCA, I have little doubt that the generous plot at the appeal site positively contributes to the open and verdant character of this part of the LLCA. 7. The notable rear garden of No 19 and its position and relationship to the grassed area within the public realm on the opposite side of Robin Lane, along with the front garden at ‘The Coach House’ (TCH), gives a distinct sense of spaciousness to the immediate surroundings.
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision This makes a positive contribution to the LLCA, forming an essential part of its significance. This harm would be further emphasised through the scale and siting of the proposed development, with particular regard to it being located closer to Robin Lane than TCH. I recognise the conservative approach to the design of the proposed development and that it would front Robin Lane. I also note, the care and attention paid towards the choice of external materials. However, these factors do not provide sufficient mitigation to outweigh the harm identified that would occur to this prominent site within the LLCA. 8. The statutory duty in Section 72 of the Act is a matter of considerable importance and weight. The proposal would have a negative effect on the significance of a designated heritage asset and would result in “less than substantial” harm in the words of paragraph 202 of the Framework. To allow the proposal the resultant harm would need to be clearly outweighed.
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision Whilst no formal public benefits have been put forward by the appellant, the proposed development would add a dwelling to the Council’s housing supply and there would be economic and social benefits associated with the construction and subsequent occupation of the property, albeit modest. However, in this instance, I find that the public benefits of the proposed development would not outweigh the harm to the significance of the LLCA. 9. For the above reasons, I therefore conclude that the proposed development would fail to preserve or enhance the character and appearance of the LLCA, and would adversely affect the significance of this designated heritage asset. This is contrary to the heritage, design, character and appearance aims of LP Policies GN3, EN4, RS1 and the Council’s Design Guide Supplementary Planning Document 2008. There would also be conflict with the requirements of the Framework. Other Matter 10. The appellant has drawn my attention to a previous application (2020/0297/FUL) that was refused by the Council. Although little detail on this application has been provided, I accept that this previous scheme was for 2no. houses. Nonetheless, the proposal was still to sub-divide the site.
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision Therefore, the outcome of the previous application does little to alter my conclusions on https://www.gov.uk/planning-inspectorate 2
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision Therefore, the outcome of the previous application does little to alter my conclusions on https://www.gov.uk/planning-inspectorate 2
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — Appeal Decision Appeal Decision APP/P2365/W/21/3285657 this appeal. I have considered the proposed development on its own particular merits and concluded that it would cause harm for the reasons set out above. Planning Balance and Conclusion 11. Whilst I accept the lack of conflict with LP Policy GN1 and the absence of other harm arising from the proposed development, there would also be a minor positive contribution to the Council’s supply of homes, and some economic and social benefits through the construction phase and subsequent occupation of the scheme. 12. Nonetheless, these factors do not form the necessary public benefits to outweigh my assessment on whether the proposed development would preserve or enhance the character or appearance of the LLCA, where there would be ‘less than substantial harm’. Given my findings above, the proposed development conflicts with the development plan when taken as a whole, and there are no other material considerations that indicate otherwise. It is also at odds with the requirements of the Framework. 13. For the reasons given above, I conclude that the appeal should be dismissed.
19 Chorley Road, Parbold, WIGAN, WN8 7AN — West Lancashire District Council — W Johnson INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Heritage impact Against appellant ¶4
The proposed development would fail to preserve or enhance the character and appearance of the Lancaster Lane Conservation Area, and would adversely affect the significance of this designated heritage asset.
Living conditions Neutral ¶6
The subdivision of the existing plot would result in a notable reduction in the size of the plot serving No 19, but this would be comparable to the plot at 17 Chorley Road.
Green belt Neutral ¶7
The proposed development would not have a significant impact on the green belt, but would be located closer to Robin Lane than The Coach House.
Planning obligations Neutral ¶8
The proposed development would add a dwelling to the Council's housing supply, but the public benefits would not outweigh the harm to the significance of the LLCA.
Other Against appellant ¶10
The previous application for two houses was refused, and this does not alter the conclusion that the proposed development would cause harm.
Policies relied on
| Reference | Weight |
|---|---|
| LP Policies GN3 and EN4, and the Framework |
Determinative |
| LP Policy RS1 and the Council's Design Guide Supplementary Planning Document 2008 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 12 April 2022 under the Open Government Licence.