Case 3303401

42 The Rock, Telford, TF3 5BH

Telford and Wrekin Council — appeal dismissed

Outcome
Dismissed
Decision date
23 November 2022
Authority
Telford and Wrekin Council
Inspector
Cooper P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Minor Dwellings
Appellant
Mr Mark Brazier
LPA reference
TWC/2022/0309
ONS LPA code
E06000020
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 September 2022

Summary AI

The appeal was dismissed because the revised proposal would detract from and dominate the relatively modest original design, and would undermine the architectural character of the proposed dwelling.

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

PDF text

Page 1 · Chunk 0 by Paul Cooper MSc MRTPI

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — by Paul Cooper MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 23 November 2022

Page 1 · Chunk 1 42 The Rock, Telford TF3 5BH

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — 42 The Rock, Telford TF3 5BH • 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 Mr Mark Brazier against the decision of Telford and Wrekin Council. • The application Ref TWC/2022/0309, dated 1 April 2022, was refused by notice dated 31 May 2022. • The application sought planning permission for Reserved matters application to outline planning permission TWC/2019/0027 (erection of 1no. dwelling) including details of access, appearance, landscaping and scale *****amended plans received***** without complying with a condition attached to planning permission Ref TWC/2021/1035, dated 23 February 2022. • The condition in dispute is No5 which states that: The development shall be carried out in accordance with the deposited plans and drawings as stated below.

Page 1 · Chunk 2 42 The Rock, Telford TF3 5BH

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — 42 The Rock, Telford TF3 5BH Plan Number 100056037 Date Received 22/09/2021 Plan Number MB/PL/203 Date Received 19/10/2021 Plan Number MB/PL/201C Date Received 10/02/2022 Plan Number MB/PL/202C Date Received 10/02/2022 Plan Number MB/PL/200B Date Received 23/02/2022 • The reason given for the condition is: For the avoidance of doubt and to ensure the development is carried out in accordance with the approved plans and details.

Page 1 · Chunk 3 building.

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — building. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 building.

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — building. https://www.gov.uk/planning-inspectorate Appeal Decision APP/C3240/W/22/3303401 Reasons 5. The appeal site is a dwelling under construction adjacent to No 42. The locality is residential in nature, but sparsely occupied by a mix of residential dwelling types. 6. The revised proposal would include a would introduce a projecting gable at first floor above the front porch. The submitted drawing suggests that the additional space at first floor would be utilised for hallway space near the stairs. 7. The proposal would have a substantial form and bulk that would be overly dominant and an intrusive form of development that would fail to reflect or integrate with neighbouring buildings. It is not unreasonable to expect that such development should respect its context and local character. In this regard it would fail to do so in terms of its scale and mass and its relationship with neighbouring buildings. 8. This would add bulk to the centre of the front elevation, and in my view the heavier appearance would lead to the addition detracting from and dominating the relatively modest original design, diminishing its merits. 9.

Page 2 · Chunk 5 building.

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — building. In my assessment, the proposal would therefore introduce a jarring and incongruous form of development that would undermine the architectural character of the proposed dwelling. I appreciate that the Council did not receive representations in response to its consultation on the planning application. However, it was apparent from my visit that the new dwelling would be a prominent feature in the locality. 10. The appellant has referred to other buildings nearby, old and modern, where similar design is in place and has been allowed. However, I do not know the precise details of these, the circumstances in which they came into being, or the extent to which they are comparable with this proposal, and they do not add weight in support of the appellant’s case in this appeal. 11. I note also the appellant’s wish to create this feature, as they feel that it would lead to a better overall design, as it was part of the original plans before amendment. However, for the reason set out above I am of the view that the amendment that the appellant now seeks would not be sympathetic to the original building. 12.

Page 2 · Chunk 6 building.

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — building. I conclude that the proposed variation of condition would result in a conspicuous and visually discordant feature that would cause harm to the character and appearance of the host building and area and would be in conflict with Policy BE1 of the Telford & Wrekin Local Plan (2018) which, amongst other matters, expect development to respond positively to its context and demonstrate and integrated design approach. It would also conflict with the requirements of Chapter 12 of the National Planning Policy Framework, which aims to achieve well-designed places. Conclusion 13. For the reasons given, and taking into account all other matters raised, I conclude that the appeal should be dismissed.

Page 2 · Chunk 7 Paul Cooper

42 The Rock, Telford, TF3 5BH — Telford and Wrekin Council — Paul Cooper INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Character and appearance
Against appellant
¶7-12

The proposal would introduce a projecting gable at first floor above the front porch, which would be overly dominant and an intrusive form of development, and would detract from and dominate the relatively modest original design.

Policies relied on

Reference Weight
Policy BE1 of the Telford & Wrekin Local Plan (2018)
Determinative
Chapter 12 of the 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, 2 pages, issued by the Planning Inspectorate on 23 November 2022 under the Open Government Licence.