Case 3295595

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT

Bath and North East Somerset Council — appeal allowed

Outcome
Allowed
Decision date
19 January 2023
Authority
Bath and North East Somerset Council
Inspector
Jones M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr Andrew Hodges
LPA reference
21/03776/FUL
ONS LPA code
E06000022
Jurisdiction
Transferred
Link status
Lead
Start date
11 October 2022

Summary AI

The appeals were allowed because the proposed partial two storey rear extension at No 4 would preserve the special architectural and historic interest of the St Mary’s Buildings, and the character and appearance of the CA.

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

PDF text

Page 1 · Chunk 0 Appeal Decisions

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Appeal Decisions Site visit made on 7 December 2022 by Matthew Jones BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 19 January 2023 Appeal A Ref: APP/F0114/W/22/3295595 4 St Mary’s Buildings, Lyncombe, Bath BA2 3AT • 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 Hodges against the decision of Bath & North East Somerset Council. • The application Ref 21/03776/FUL, dated 6 August 2021, was refused by notice dated 16 February 2021. • The development proposed is a partial two storey rear extension at 4 St Mary's Buildings, Bath. Appeal B Ref: APP/F0114/Y/22/3295593 4 St Mary’s Buildings, Lyncombe, Bath BA2 3AT • 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 Andrew Hodges against the decision of Bath & North East Somerset Council. • The application Ref 21/03777/LBA, dated 6 August 2021, was refused by notice dated 16 February 2021. • The works proposed are a partial two storey rear extension at 4 St Mary's Buildings, Bath. Decisions Appeal A 1.

Page 1 · Chunk 1 Appeal Decisions

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Appeal Decisions The appeal is allowed and planning permission is granted for a partial two storey rear extension at 4 St Mary’s Buildings, Lyncombe, Bath BA2 3AT in accordance with the terms of the application Ref 21/03776/FUL, dated 6 August 2021, subject to the conditions in the attached schedule. Appeal B 2. The appeal is allowed and listed building consent is granted for a partial two storey rear extension at 4 St Mary’s Buildings, Lyncombe, Bath BA2 3AT in accordance with the terms of the application Ref 21/03777/LBA, dated 6 August 2021, and the plans submitted therewith, subject to the conditions in the attached schedule. Main Issue 3. 4 St Mary’s Buildings is a terraced dwelling which forms part of the Grade II Listed building ‘1-9, St Mary’s Buildings’ (hereafter the St Mary’s Buildings) and is located within the City of Bath Conservation Area (the CA). In this context, the main issue in these appeals is the effect of the proposal on the special architectural and historic interest of the St Mary’s Buildings and, linked to that, whether it would preserve or enhance the character or appearance of the CA. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decisions

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Appeal Decisions Appeal Decisions APP/F0114/W/22/3295595, APP/F0114/Y/22/3295593 Reasons 4. The St Mary's Buildings were constructed circa 1820 under the design of the preeminent Bath architect John Pinch the Elder. The significance of the listed building, beyond this, is principally drawn from its elegantly upswept terrace configuration, its ornate and formal front elevation, largely constructed in limestone ashlar, and its layout. These aspects of significance also allow the St Mary’s Buildings to contribute positively to the character and appearance of the CA, as a good example of the Georgian terraces for which the city is renowned. 5. The rear elevation lacks the grandeur of the front and is the scene of a range of later alterations, including two-storey rear extensions of mixed success. There is little, nor was there ever, any clear perception of symmetry. Each house has an intriguing panel of ashlar stonework across the right-hand side of the rear, and it is unclear why. The most compelling suggestion is that these are second hand stones reused here because they did not need to be cut; the original rear window openings are largely contained to the left-hand side of the houses, enclosed in rubblestone.

Page 2 · Chunk 3 Appeal Decisions

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Appeal Decisions Beyond their visual quality, these resourceful areas of ashlar offer an insight into the culture of construction work during this period, and as such also add to the significance of both the listed building and the CA. 6. The small backyards, once beset with outbuildings and privies with a common foul drain, have been cleared and/or infilled by later rear extensions in several instances. The rear garden boundary walls have been built in ashlar but also in piecemeal fashion, as is the case at No 4. Notably, No 4 has a surviving lean-to outbuilding, present on historic mapping, but also a jarring, prominent timber balcony and associated doorway added probably in the latter half of the 20th Century, and a similarly aged and unrefined casement window at second floor. 7. The infill extension would echo the outbuildings which populated the yards in a manner that has been executed elsewhere. These terraced dwellings are relatively tall in stature, and the second storey of the extension would not be disproportionate in this context. The ashlar wall detail would remain visible above it.

Page 2 · Chunk 4 Appeal Decisions

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Appeal Decisions Whilst the scheme would see the removal of the yard facing wall of the outbuilding, this fabric is not of primary significance to The St Mary’s Buildings. Its demolition, and the removal of part of the ashlar wall to form a new second floor window opening and also the yard’s backwall, would be offset by the clear enhancements delivered through removal of the balcony and casement window. For its part, the extension would complement the terrace architecturally. 8. I recognise that the Council has consistently sought to restrain rear extensions across the terrace to a single storey scale. However, it is my overall opinion that the proposed partial two storey rear extension at No 4 would preserve the special architectural and historic interest of the St Mary’s Buildings, and the character and appearance of the CA. It follows that the proposal would accord with the heritage and design objectives of Policy CP6 of the Core Strategy (adopted 2014), Policies D1, D2, D3, D5 and HE1 of the Placemaking Plan (adopted 2017) and the National Planning Policy Framework. Conditions 9.

Page 2 · Chunk 5 Appeal Decisions

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Appeal Decisions To ensure that the development/works are carried out with the requisite materials, quality and craftsmanship, respective conditions are essential in order to secure the detailed form and finishes of the walls, roofing, the pointing, the window and roof lantern joinery, and the rainwater goods. https://www.gov.uk/planning-inspectorate 2 Appeal Decisions APP/F0114/W/22/3295595, APP/F0114/Y/22/3295593 Conclusion 10. For the reasons outlined above, and taking all other matters raised into account, I shall allow the appeals.

Page 3 · Chunk 6 Matthew Jones

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Matthew Jones INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 7 Matthew Jones

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Matthew Jones INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Matthew Jones

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Matthew Jones Appeal Decisions APP/F0114/W/22/3295595, APP/F0114/Y/22/3295593 Appeal A – Schedule of Conditions 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: 01a, 02c. Appeal B – Schedule of Conditions 1) The works authorised by this consent shall begin not later than three years from the date of this consent. 2) No construction of the external walls shall commence until a schedule of materials and finishes, and samples of the materials to be used in the construction of the external surfaces, including roofing materials, have been submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be carried out in accordance with the approved details. 3) No pointing or re-pointing shall be carried out until details of the specification for the mortar mix and a sample area of pointing demonstrating colour, texture, jointing and finish have been provided in situ for the inspection and approval in writing by the Local Planning Authority and retained for reference until the work has been completed.

Page 4 · Chunk 9 Matthew Jones

4 St. Marys Buildings, Lyncombe, BATH, BA2 3AT — Bath and North East Somerset Council — Matthew Jones Once approved the works shall be completed in accordance with the approved details. 4) No installation of the sash windows, rainwater goods and roof lantern shall commence until full details comprising 1:20 drawings have been submitted to and approved in writing by the Local Planning Authority. Thereafter the work shall only be carried out in accordance with the approved details. https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Heritage impact
Against appellant
¶4

The St Mary’s Buildings were constructed circa 1820 under the design of the preeminent Bath architect John Pinch the Elder, and have a significant cultural and historical interest.

Character and appearance
Against appellant
¶5

The rear elevation lacks the grandeur of the front and has undergone several alterations, but the proposed extension would complement the terrace architecturally.

Living conditions
For appellant
¶7

The extension would echo the outbuildings which populated the yards in a manner that has been executed elsewhere, and would not be disproportionate in the context of the tall terraced dwellings.

Heritage impact
For appellant
¶7

The extension would preserve the special architectural and historic interest of the St Mary’s Buildings, and the character and appearance of the CA.

Other
Neutral

The Council has consistently sought to restrain rear extensions across the terrace to a single storey scale, but the proposed extension would accord with the heritage and design objectives of relevant policies.

Policies relied on

Reference Weight
Policy CP6 of the Core Strategy
Determinative
Policies D1, D2, D3, D5 and HE1 of the Placemaking Plan
Determinative
National Planning Policy Framework
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 19 January 2023 under the Open Government Licence.