353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — by Hannah Ellison BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 24 June 2022

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — 353 - 359 Skircoat Green Road, Halifax HX3 0RP • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Alan Davies (EPIC Plc), against the decision of Calderdale Metropolitan Borough Council. • The application Ref 20/01108/VAR, dated 17 September 2020, was refused by notice dated 12 October 2021. • The application sought planning permission for the conversion of first floor to form two, two bedroom apartments and construction of extension to form ground floor commercial unit with two bedroom apartment above, without complying with a condition attached to planning permission Ref 20/00172/FUL, dated 4 September 2020. • The condition in dispute is No 1 which states that: The development shall be carried out in accordance with the schedule of approved plans listed above in this decision notice, unless variation of the plans is required by any other condition of this permission.

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — 353 - 359 Skircoat Green Road, Halifax HX3 0RP • The reason given for the condition is: For the avoidance of doubt as to what benefits from planning permission and to ensure compliance with the Development Plan and National Planning Policy Framework.

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — a number of conditions, of which No 1 required the development to be carried 1 Council ref: 20/00172/FUL https://www.gov.uk/planning-inspectorate

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — a number of conditions, of which No 1 required the development to be carried 1 Council ref: 20/00172/FUL https://www.gov.uk/planning-inspectorate Appeal Decision APP/A4710/W/22/3291350 out in accordance with the plans listed in the decision notice. The plans listed are limited to the location plan and proposed site plan, neither of which include details of the window or shopfront frames. Condition No 3 of the original permission also requires details of the windows and doors to be submitted prior to their installation. 4. As noted, development at the appeal site has already been implemented although it does not appear to be in accordance with the elevation plans which were submitted with the original permission or which the appellant has submitted during the course of this appeal. 5. Notwithstanding this however, it is clear from the evidence before me that the original intention was for the window frames to be hardwood. The appellant is therefore seeking to vary the wording of condition No 1 in order to make reference to a revised elevation plan which indicates the use of dark grey UPVC frames on the upper floors and dark grey powder coated aluminium frames for the shopfront. I have determined the appeal based on these proposed details. 6.

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — a number of conditions, of which No 1 required the development to be carried The main issue is therefore whether the proposed variation of condition No 1 is appropriate in respect of the character and appearance of the area, with particular regard to whether it preserves or enhances the character or appearance of the Skircoat Green Conservation Area. Reasons 7. The appeal site fronts a main route through the Skircoat Green Conservation Area (the SGCA), whose significance, in so far as it relates to this appeal, appears to be partly derived from its village setting dominated by older, traditional properties, ranging from terraced buildings to grand villas. Given the appeal sites prominent location and the use of traditional materials, particularly to the external walls and shopfronts, it makes an important contribution to the SGCA. 8. Whilst I do not know the history of the numerous examples of UPVC windows to buildings in the surrounding area, there nevertheless remains extensive use of UPVC, with a vast array of frame designs, in the wider SGCA, particularly to residential properties. 9. Despite this, the shopfronts along the host terrace, with the exception of the recently extended new commercial unit, retain their traditional proportions, materials and character.

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — a number of conditions, of which No 1 required the development to be carried The historic features of the host terrace appear largely intact and the extended part of the building has been finished in sympathetic wall and roof materials. Although the proposed aluminium frame for the shopfront would largely reflect the adjoining traditional shopfronts, the UPVC frames of the first floor windows would be considerably wider and more robust, thus lacking fine detailing which would relate well to the proportions and design of the slimline shopfronts below. This development would introduce a modern material of differing proportions and detail to the terrace that would dilute its traditional characteristics. As such, the first floor window frames would appear as incongruous and obtrusive features in the host terrace. 10. The appellant states that the former first-floor windows were rotten and thus needed replacing. However, there is nothing before me to indicate that a more appropriate design that could also be easily maintained could not be achieved, thus this matter is afforded limited weight in favour of the development. https://www.gov.uk/planning-inspectorate 2

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — a number of conditions, of which No 1 required the development to be carried Appeal Decision APP/A4710/W/22/3291350 11. Consequently, the development would fail to preserve or enhance the character or appearance of the SGCA, thereby it would harm its significance. Given the scale of the development in context, the harm it would cause to the significance of the SGCA would be less than substantial. The National Planning Policy Framework (the Framework) is clear that irrespective of the level of harm, great weight should be given to the asset’s conservation and, where a proposal would lead to less than substantial harm, this harm should be weighed against the public benefits of the proposal. 12. I have not been made aware of any such benefits which would outweigh the identified harm to the SGCA. In addition, I have paid special attention to the desirability of preserving or enhancing the character or appearance of the SGCA.

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — a number of conditions, of which No 1 required the development to be carried Accordingly, the proposed variation of condition No 1 of the original permission would fail to preserve the character or appearance of the SGCA and the development would therefore conflict with Policies BE1 and BE18 of the Replacement Calderdale Unitary Development Plan (adopted 25 August 2006) (as amended 3 August 2009) and relevant paragraphs of the Framework in their collective aim to maintain high standards of design which also preserves heritage assets. Conclusion 13. For the above reasons and having regard to all matters raised, the appeal is dismissed.

353 - 359 Skircoat Green Road, HALIFAX, HX3 0RP — Calderdale Metropolitan Borough Council — H Ellison INSPECTOR https://www.gov.uk/planning-inspectorate 3