Little Aston Road, Aldridge, Walsall, WS9 8NJ
Walsall Metropolitan Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 3 November 2023
- Authority
- Walsall Metropolitan Borough Council
- Inspector
- O'Connor H
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Kimberley Developments Ltd
- LPA reference
- 22/0279
- ONS LPA code
- E08000030
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 21 March 2023
Summary AI
The appeal was allowed due to the public benefits of the proposal, including the provision of eight new dwellings, boosting housing supply and choice in an accessible location, and the conversion and refurbishment scheme proposed would involve considerable investment into the fabric of the listed building. The Inspector found that the harm to the listed building would be outweighed by the cumulative benefits of the proposal.
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Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — by Helen O'Connor LLB MA MRTPI an Inspector appointed by the Secretary of State Decision date: 03 November 2023
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Aldridge Manor, Little Aston Road, Aldridge, Walsall WS9 8NJ • 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 P Pearce of Kimberley Developments against the decision of Walsall Metropolitan Borough Council. • The application Ref 22/0279, dated 31 March 2022, was refused by notice dated 16 September 2022. • The development proposed is the refurbishment and alterations to the Manor House to form eight residential flats. Demolition of garage and activity hall in the curtilage of the site. Associated carparking, hard and soft landscaping.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Aldridge Manor, Little Aston Road, Aldridge, Walsall WS9 8NJ • The appeal is made under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a failure to give notice within the prescribed period of a decision on an application for listed building consent. • The appeal is made by Mr P Pearce of Kimberley Developments against Walsall Metropolitan Borough Council. • The application Ref 22/0282 is dated 31 March 2022. • The works proposed are the refurbishment and alterations to the Manor House to form eight residential flats. Demolition of a garage and activity hall in the curtilage of the site. Associated carparking, hard and soft landscaping.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. https://www.gov.uk/planning-inspectorate
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. https://www.gov.uk/planning-inspectorate
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 Preliminary Matters 3. The National Planning Policy Framework (the Framework) was updated on 5 September 2023 and after the submission of the appeals. The natural and historic environment policies have remained unchanged within the new version of the Framework, which is a material consideration. 4. The appeals relate to development and works at the Manor House, a Grade II listed building (List Entry Number: 1115690) (hereafter referred to as the listed building) located within the Aldridge Conservation Area (CA). Sections 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) require special regard to be had to the desirability of preserving the listed building or its setting or any features of special architectural or historic interest which it possesses. Section 72(1) of the Act requires that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the CA. 5. The description of the proposals is similar for both the planning appeal (Appeal A) and the listed building consent appeal (Appeal B), although the legal regimes are different.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. To reduce duplication, I have dealt with both appeals together in this decision letter. 6. In relation to Appeal A, the Council’s Decision Notice cites one refusal reason, which relates to the effect of the proposed development on the Cannock Chase Special Area of Conservation (SAC). In respect of Appeal B, the Council have confirmed that had it been able to make their determination, it would have granted conditional listed building consent. 7. Notwithstanding there is no fundamental dispute between the parties regarding, owing to the statutory duties placed on me as decision maker, I have considered the effect on the listed building and CA as a main issue. 8. In respect of Appeal A, the appellant has submitted a Unilateral Undertaking dated 17 May 2023, and subsequently varied by deed dated 31 July 2023, pursuant to section 106 of the Town and Country Planning Act 1990 (the varied UU). I have a statutory duty to consider the effect on the SAC under the Conservation of Habitats and Species Regulations 2017 (the Habitat Regulations). Therefore, I have included this matter as a main issue for Appeal A, where I shall consider the varied UU. Main Issues 9.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. The main issues are: • In relation to both appeals, the effect of the proposals on the special interest and significance of relevant designated heritage assets and; • In relation to appeal A only, the effect of the proposals on the SAC. Reasons Significance and special interest of heritage assets 10. The listed building is described in the official list entry as probably being early to mid-19th century. It is a sizeable, detached, three-storey building with a grand front rendered elevation, the focus of which is the main central entrance with a large sandstone porch featuring paired Ionic columns. Sash windows are https://www.gov.uk/planning-inspectorate 2
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. The main issues are: • In relation to both appeals, the effect of the proposals on the special interest and significance of relevant designated heritage assets and; • In relation to appeal A only, the effect of the proposals on the SAC. Reasons Significance and special interest of heritage assets 10. The listed building is described in the official list entry as probably being early to mid-19th century. It is a sizeable, detached, three-storey building with a grand front rendered elevation, the focus of which is the main central entrance with a large sandstone porch featuring paired Ionic columns. Sash windows are https://www.gov.uk/planning-inspectorate 2
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 placed in a balanced configuration, which together with the hipped roof give the principal façade pleasing proportions and symmetry. This main elevation is oriented towards Little Aston Road and a green open space beyond. The side and rear elevations are of plainer brick and window placement is less regular conveying a more functional appearance. 11. The significance and special interest of the listed building derives largely from its classically inspired architectural aesthetic and detailing. In particular, the principal elevation, and to a lesser extent the clear differentiation between it and the other elevations of the building. Together with its prominent siting fronting Little Aston Road, these signal the building’s origins as a mid-to-high status dwelling in Aldridge. 12. The listed building has clearly been subject to change as a result of varying uses over time, including as a library, youth centre, and residential accommodation. To the rear is a modern flat-roofed addition of utilitarian character as well as metal steps and rails.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Internally, 20th century partitions have been inserted throughout, which have diluted the original plan form and the integrity of its original internal architectural detailing. Where remnants of historic fabric, plan-form and internal architectural detailing survive these make a limited contribution towards the listed building’s overall significance and special interest. 13. The Heritage Impact Assessment (HIA)1 indicates that the listed building was originally set within spacious grounds, with a probable range of outbuildings and in/out driveway to the front. These aspects would have emphasised the prominence and status of the building. However, today the listed building stands within an expanse of tarmacadam to the front while within the wider site are the 20th century additions of a large, detached sports hall/activity building and smaller garage, both of an unremarkable functional appearance. The listed building’s wider context has also altered notably, becoming more fragmented and less verdant. This is chiefly due to the alignment of Little Aston Road to the side and front of the listed building.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. In addition, the massing of three blocks of flats to the north and Compass Suites to the east have a somewhat stark presence. I am also aware that permission2 exists for the development of 49 retirement living apartments adjacent to the appeal site, and I observed that ground works were underway at my visit. Consequently, the setting of the listed building has been compromised and the later interventions within it contribute little to the building’s overall significance and special interest. 14. The CA comprises the main surviving area of the historic settlement of Aldridge and includes a mixture of residential areas and large areas of public open space. Its significance is derived in part from the concentrations of historic buildings that offer focal points within the CA and tell of its built evolution over time. The appeal site occupies a prominent position within the CA, the principal elevation of which complements the open space at the Croft and enriches views from many parts of it. Notwithstanding the proximity of modern apartment blocks and the busy nature of Little Aston Road, the historic status and most striking architectural qualities of the appeal site are clearly discernible.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Therefore, the appeal site makes a valuable contribution to the 1 Prepared by Vernon & Smith Associates, Version D 2 APP/V4630/W/22/3303616 dated 27.3.23 https://www.gov.uk/planning-inspectorate 3
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Therefore, the appeal site makes a valuable contribution to the 1 Prepared by Vernon & Smith Associates, Version D 2 APP/V4630/W/22/3303616 dated 27.3.23 https://www.gov.uk/planning-inspectorate 3
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 character and appearance of the CA as a whole, and its significance as a designated heritage asset. The proposals 15. The proposals seek to facilitate the conversion of the listed building into 8 flats, varying between 1-3 bedroom units, which would involve a range of external and internal alterations. 16. Externally, the development and works include the removal of the external stairs and associated railings; the removal of the existing felted flat roof to the rear extension of the building and its replacement with a standing seam metal shallow pitched roof; the blocking up and enlargement of existing openings and the creation of new openings; various repair and/or replacement to fenestration and the removal of existing lighting and signage. 17. In relation to Appeal A, it is also proposed to demolish the existing sports hall/activity building and garage and provide a shared patio, gardens, cycle and bin store within the grounds. The area surfaced with tarmacadam would be reduced, with areas of paving, pedestrian access and planting introduced to the front of the building. 18.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Internally the units would utilise existing spaces in the main, but some new partitioning is proposed to subdivide rooms as is the stripping out of some twentieth century fabric. In addition, it is proposed to block up some existing doorways and create new ones. The effect of the proposals on significance 19. The proposed removal of the modern external stairs and railings and the replacement of the existing flat roof with a shallow pitch roof of a more sympathetic form and material would offer some enhancement to the building’s rear and side elevations. 20. The alterations to existing openings proposed would largely affect the more functional rear and side elevations. Consequently, alterations to the more significant frontage, would be avoided. For the most part such alterations would be sensitive to the historic proportions and detailed to replicate those on the older parts of the listed building. 21. The proposed new opening on the second floor is one exception, which would disrupt the regularity of window placement and solid to void ratio in the upper part of the western elevation.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. As such, it would dilute the architectural composition of the building, thereby failing to preserve its significance and special interest. The effect of this element would be obvious given its elevated position and proximity to the road. 22. The removal of the existing sports hall/activity building and garage, reduction of tarmacadam and introduction of planting and garden areas within the grounds would provide spaciousness and softening that would be improvements within its setting and better reveal the significance of the listed building. 23. The sub-division of the building into eight flats would result in a rationalised layout, alterations to openings and plan form that differs from the original use of the building as a high-status single dwelling. The proposed internal partitions https://www.gov.uk/planning-inspectorate 4
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 are described as obviously contemporary with shadow gaps in the HIA3 which would visually separate them from historic fabric, clearly signalling them as a later addition. The proposals to, where appropriate, repair, reinstate and match traditional skirting architraves, rails and internal timber doors would be sympathetic to the listed building and preserve its special interest. However, where proposals involve the blocking up of existing openings, creation of new doorways and introduction of partitioning it would involve a small loss of historic fabric and further erosion of the original plan-form, causing some small degree of harm to the building’s significance and special interest. 24. Notwithstanding that there are aspects of the proposals that would be sympathetic to the Grade II listed building, the loss of historic fabric and new window on the west elevation are elements that would fail to preserve its significance and special interest and cause harm. Overall, there would be conflict with the expectations of sections 16(2) and 66(1) of the Act. 25.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. While the proposed window on the west elevation of the building would be observable from the road, the contribution the appeal site makes to views along The Croft and to the built backcloth of the CA would be unharmed. Consequently, the character and appearance of the CA as a whole would be preserved indicating that there would be no conflict with section 72(1) of the Act. 26. In respect of the listed building, given the scale and nature of the proposals and the secondary nature of the western elevation and internal interventions that have taken place over time, I consider that the degree of harm to its significance as a designated heritage asset would be less than substantial. If there was a scale of less than substantial harm, it would be at the lower end but still carries great weight. In these circumstances, paragraph 202 of the Framework states that the less than substantial harm should be weighed against the public benefits of the proposal, including where appropriate, securing its optimum viable use. 27. The proposals would result in the provision of eight new dwellings, boosting housing supply and choice in an accessible location in Aldridge.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Furthermore, the conversion and refurbishment scheme proposed would involve considerable investment into the fabric of the listed building that is in a somewhat neglected condition. Therefore, the proposals would realise the optimum viable use of the listed building and help to secure its long-term conservation. Additionally, there would be economic benefits derived from both the construction of the proposals, and the future likely activities of the occupants. In the heritage balance, I find that the sum of public benefits would be sufficient to outweigh the less than substantial harm to the designated heritage asset. It follows that the proposals would comply with the historic environment protection policies of the Framework and policy ENV2 of the Black Country Core Strategy, February 2011 (CS) which requires development to aim to protect and promote the special qualities, historic character and local distinctiveness of the Black Country. Cannock Chase SAC (Appeal A) 28. The appeal site is located within the 15km zone of influence of the SAC, a habitat recognised under the Regulations as being of international importance 3 Mitigation Matrix, pages 31-35 HIA https://www.gov.uk/planning-inspectorate 5
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 for the dry heathland habitat that supports various rare and vulnerable species of flora and fauna. Caselaw4 requires the decision maker, when considering the effect that a development may have on such a European Site, to consider mitigation within an Appropriate Assessment rather than at screening stage. 29. Evidence produced for local authorities in the Cannock Chase SAC Partnership (the partnership) indicates that recreational effects are causing degradation to the integrity of the SAC. This includes harm arising from the creation and erosion of paths, nutrient enrichment from visitor use, dog walking and vehicle emissions. The evidence further indicated that visitors travel up to 15km to the SAC for recreational purposes. 30. The proposal would provide eight flats that would be likely to increase the number of people living within a typical driving distance of the SAC. In the absence of mitigation measures and using a precautionary approach, given the proximity of the appeal site, it is reasonable to suppose that future residents of the development would potentially visit the SAC for recreational purposes and dog-walking.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Intensification of such activities would be likely to cause disturbance and adversely affect the habitat. I am required to consider the effect of the proposal both individually and in combination with other projects. As such, there is a risk of a significant effect on the internationally important interest features of the SAC. 31. It is therefore necessary to assess whether the potential adverse impact could be adequately mitigated so as to avoid any significant adverse effect on the SAC. Since they made their determination, the Council has joined the partnership in October 20225. The partnership includes several other adjoining Councils which, in conjunction with Natural England, have an established approach to mitigation supported by development plan policies. Policy EQ2 of the CS forms part of the development plan and aligns with this approach. 32. Policy EQ2 requires housing development within the zone of influence of the SAC to mitigate for any consequent adverse effects. Amongst other things, it refers to such mitigation comprising contributions to habitat management, access management, visitor infrastructure, publicity, education and awareness raising.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Effectively, it sets out how the Council will partake in the collection of financial contributions to be coordinated with the partnership for on-site mitigation measures at the SAC that directly target the harm arising from an increase in the number of visitors. 33. The Council’s guidance6 sets out financial contributions that will be required for each net new home, which is subject to an annual increase. The Council have confirmed7 that since 1 April 2023 this stands at £329.83. The guidance requires the amount to be paid before the commencement of development to provide sufficient mitigation and states that it should be secured by a legal agreement. 34. The varied UU contains a planning obligation to secure SAC mitigation payments of £329.83 for each of the 8 dwellings, totalling £2,638.64. This would secure the requisite financial contribution towards the costs of providing on site mitigation at the SAC in line with policy EQ2 of the development plan.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. 4 People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244 5 Paragraph 7.4, Council’s Statement of Case 6 Cannock Chase SAC, Guidance to Mitigate the Impact of New Residential Development, September 2022 7 Email dated 21.7.23 https://www.gov.uk/planning-inspectorate 6
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. 4 People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244 5 Paragraph 7.4, Council’s Statement of Case 6 Cannock Chase SAC, Guidance to Mitigate the Impact of New Residential Development, September 2022 7 Email dated 21.7.23 https://www.gov.uk/planning-inspectorate 6
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 35. The obligation requires such payment before the commencement of development. The contributions would be directly related to the impacts of the proposals on the SAC and necessary to make the development acceptable. Moreover, the contributions would be fairly and reasonably related in scale and kind to the development. As such, I am satisfied that the obligation meets the 3 tests in Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 (as amended). 36. Furthermore, in response to consultation under Regulation 63(3) of the Habitats Regulations, Natural England have confirmed that the mitigation measures proposed in this case would be sufficient to avoid an adverse impact to the integrity of the SAC and would be appropriately secured. Given their specialist knowledge, this attracts considerable weight. 37. On this basis, I find that the mitigation provided would be sufficient to avoid harm arising from the likely increased recreational impacts of the residential development proposed on the SAC. Moreover, the mitigation measures would be appropriately secured through the varied UU.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Consequently, I am satisfied that the proposal would not result in a significant effect on the SAC. I therefore find no conflict with policies CSP3, CSP4 and ENV1 of the CS, saved policy ENV23 of the Unitary Development Plan or policy EN1 of the Walsall Site Allocation Document, January 2019 which, amongst other matters, seek to protect against such harm. Other matters 38. In making my determinations, I have had regard to the representations received during the applications. In relation to Appeal A this included an objection that the proposal would increase traffic in Aldridge, that is stated to be problematic and exacerbated by other recent development. In the context of the town, the vehicular traffic generated by the eight flats proposed would be small. It is unlikely that traffic generated would be notably greater than the existing recent uses of the building for community purposes. Furthermore, the Local Highway Authority8 has not raised concerns regarding the likely impact on congestion or traffic levels in Aldridge, describing the traffic impact as negligible. I have not seen substantive evidence that would lead me to find otherwise. Overall planning balance in relation to Appeal A 39.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. There is no dispute between the parties that the Council is currently unable to demonstrate a five-year supply of deliverable housing land9. As such, footnote 8 triggers the balance set out in paragraph 11(d) of the Framework. 40. I have already found that the less than substantial harm to the listed building as a designated heritage asset would be outweighed by public benefits. Furthermore, having undertaken an appropriate assessment under the Habitat Regulations, the proposals would not adversely affect the integrity of the SAC. It follows that there are no clear reasons for refusing the development in the context of paragraph 11(d)i and footnote 7 of the Framework. 41. In these circumstances, paragraph 11(d)(ii) is engaged, which states that planning permission should be granted unless any adverse impacts of doing so 8 Consultee comments dated 19.8.22 9 Paragraph 8.2, Council’s Statement of Case https://www.gov.uk/planning-inspectorate 7
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. The limited heritage harm identified would be clearly outweighed by the cumulative benefits of additional housing provision in an accessible location, its associated economic benefits and the aspects of the proposals that would bring enhancements to the historic environment. As such, the presumption in favour of sustainable development applies and is an important material consideration in the overall planning balance. 42. Planning law requires applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise. On balance, I consider that the proposals would be in accordance with the development plan, and further support is derived from the Framework taken as a whole. Overall balance in relation to Appeal B 43. Listed building consent applications are not required to be determined in accordance with the development plan in the same way as planning applications.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. I am satisfied having discharged the statutory duties under the Act, and following the heritage balancing exercise in the Framework, that overall, the proposals would not conflict with the expectations of the Act, nor national historic environment policy. It follows that appeal B should succeed. Conditions 44. The Council have suggested 33 conditions applicable to both appeals. Paragraph 56 of the Framework and the Planning Practice Guidance10 (PPG) provide the tests for the imposition of planning conditions, which should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Therefore, I have consolidated, simplified, and curtailed the Council’s suggested conditions in many respects to ensure the requirements are proportionate to the nature of the proposals. 45. The PPG sets a high threshold for the use of pre-commencement conditions,
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. | stating that these should only be used where there is a clear justification11, | | --- | | which is likely to mean that the requirements of the condition are so | | fundamental to the development permitted that it would otherwise be | | necessary to refuse the whole permission |
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. | stating that these should only be used where there is a clear justification11, | | --- | | which is likely to mean that the requirements of the condition are so | | fundamental to the development permitted that it would otherwise be | | necessary to refuse the whole permission | nsuegcegsessateryd tboy rtehfeu sCeo tuhnec iwl hreoqleu ipree rfmuristhseiorn i.n Afo rnmumatbioenr toof tbhee s cuobnmdiitttioends a nd agreed prior to the commencement of development, with some duplicating areas of information to be submitted. To require information that would be disproportionate to the nature and scale of the development, or to duplicate requirements would be unnecessary and unreasonable. 46. Furthermore, in respect of Appeal B, conditions should not be applied for matters that are otherwise properly controlled through a planning permission, or which lie outside the listed building consent regime. The power to impose conditions on a grant of listed building consent is defined by section 17 of the Act. I have assessed the suggested conditions accordingly. 10 Paragraph: 018 Reference ID: 21a-018-20190723 11 Paragraph: 007 Reference ID: 21a-007-20180615 https://www.gov.uk/planning-inspectorate 8
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 47. Conditions relating to time periods for both appeals, and specifying the plans for Appeal A, have been imposed for certainty. 48. In relation to Appeal A, in the interests of preserving the special architectural and historic interest of the listed building, and the character and appearance of the CA, pre-commencement conditions are necessary requiring further details, including larger scale drawings, in relation to a stripping out, the repair or replacement of historic fabric and particular features, and larger-scale drawings, as appropriate. 49. I agree that a condition requiring a Construction Methodology Statement should be submitted and approved in the interests of highway safety and living conditions. Logic dictates that this must be prior to the commencement of development to be effective. 50. A revised landscaping plan to show semi-mature hedge planting to screen the boundary between the appeal site and the adjacent Masonic Lodge and to the private garden adjacent to Little Aston Road, is necessary and I have imposed a condition accordingly.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. However, it is unnecessary to generally require further details of landscaping, planting, hard surfacing, bin store, cycle shelter, walls and fencing as these have already been provided. 51. Furthermore, in the interests of highway safety and the proper functioning of the development, it is necessary to require provision of the vehicular and cycle parking, alterations to the boundary wall to allow for visibility, and closure of a previous vehicular access point and reinstatement of kerb height along the associated footway be implemented prior to the first occupation of the development. 52. In the interests of environmental quality and associated health implications an asbestos report and air quality low emission scheme should be submitted and agreed in writing with the local planning authority. In relation to the former, given the potential health implications that might arise during construction and demolition in particular, it is important to establish these details prior to the commencement of development. 53.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. It is not necessary or reasonable to impose a condition requiring amended plans to show the removal of bedroom 3, the internal partitions and proposed new window in apartment six as the appellant has confirmed that the bedroom would measure 2.15m12 wide, meeting the minimum width for single bedrooms as stated in the Technical Housing Standards – Nationally Described Space Standards (NDSS)13. 54. For Appeal B, the listed building consent is for the works and plans as approved, so a plans condition would not be necessary, and I have not imposed one. 55. In the interests of preserving the special architectural and historic interest of the listed building and the character and appearance of the CA, conditions are necessary in order to control certain details of refurbishment, repair, and alterations prior to the commencement of the works. As such, I have imposed conditions in relation to a stripping out, exploration and demolition schedule, a 12 Appellant’s Final Comments, paragraph 2.1.2 on page 4 13 Page 9, Council’s Planning Committee Report, reference 22/0282 https://www.gov.uk/planning-inspectorate 9
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — in the attached Schedule for Appeal B. Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 strategy for the repair of historic fabric and particular features, and where larger-scale drawings or additional details are required. 56. I am not persuaded that it would be necessary or proportionate to require a phasing plan, a full inventory, a building recording survey or timber and damp surveys and so have not included these suggested conditions. Conclusions 57. For the reasons given above, I conclude that both Appeal A and Appeal B should be allowed.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor Inspector https://www.gov.uk/planning-inspectorate 10 Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 Schedule of conditions for Appeal A 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 Schedule of conditions for Appeal A 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 0700 Rev 04 Location and Block Plan 0705 Rev 05 Site Proposed Alterations 0707 Rev 17 Site As Proposed 0721 Rev 07 Ground Floor Plan – Alterations 0722 Rev 07 First Floor Plan – Alterations 0723 Rev 07 Second Floor Plan – Alterations 0726 Rev 06 West Elevation – Alterations 0727 Rev 06 North Elevation – Alterations 0728 Rev 07 East Elevation – Alterations 0730 Rev 03 Basement Plan – As Proposed 0731 Rev 10 Ground Floor Plan – As Proposed 0732 Rev 11 First Floor Plan – As Proposed 0733 Rev 11 Second Floor Plan – As Proposed 0734 Rev 02 Roof Plan – As Proposed 0735 Rev 03 South Elevation – As Proposed 0736 Rev 05 West Elevation – As Proposed 0737 Rev 05 North Elevation – As Proposed 0738 Rev 06 East Elevation – As Proposed 0745 Rev 05 Site Sections 0785 Rev 02 Drainage 0786 Rev 01 Vehicle Tracking 0791 Rev 05 Cycle Shelter 0792 Rev 05 Bin Storage 0793 Rev 04 Boundary Walls 0794 Rev 03 Fence Type F1 653.01 Landscape Proposals 1270-KC-XX-YTREE-TCP01 Rev 0 Tree Constraints Plan 3) Notwithstanding condition 2, and prior to the commencement of development hereby permitted, a schedule of stripping out detailing areas of
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor demolition and removal of fabric (accompanied by annotated plans at a scale of 1:20) shall be submitted to and approved in writing by the local planning authority. The development shall be then carried out in accordance with the approved details. https://www.gov.uk/planning-inspectorate 11
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor The development shall be then carried out in accordance with the approved details. https://www.gov.uk/planning-inspectorate 11 Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 4) Notwithstanding condition 2, and prior to the commencement of development hereby permitted, a schedule of repair and replacement for external fabric including to the roof, chimneys, portico, external masonry and render, and rainwater goods (accompanied by annotated plans at a scale of 1:20) shall be submitted to and approved in writing by the local planning authority. The development shall be then carried out in accordance with the approved details. 5) Prior to the commencement of development hereby permitted, details of the render and mortar to be used on any external surfaces, including details of the render mix, finish and colour, as well as the mortar mix and pointing technique) shall be submitted to and approved in writing by the local planning authority. The development shall be then carried out in accordance with the approved details.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor 6) Notwithstanding condition 2, and prior to the commencement of development hereby permitted, details of new or replacement rainwater goods, soil pipes, extraction vents, ventilation pipes, heating flues and external lighting including details of materials, finish and colour (accompanied by annotated plans at a scale of 1:20) shall be submitted to and approved in writing by the local planning authority. The development shall be then carried out in accordance with the approved details. 7) Notwithstanding condition 2, and prior to the commencement of development hereby permitted, a schedule of windows and doors detailing the condition of existing windows and doors, repairs or replacement of windows and doors, secondary glazing including details of materials, glazing and manufacture (accompanied by annotated plans at a scale of 1:5 to 1:20 (as appropriate)) shall be submitted to and approved in writing by the local planning authority. The development shall be then carried out in accordance with the approved details.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor 8) Prior to the commencement of development hereby permitted, details for the protection of existing fabric during the course of the development, including the erection of scaffolding during construction shall be submitted to and approved in writing by the local planning authority. The development shall be then carried out in accordance with the approved details. 9) Prior to the commencement of the development, a Construction Methodology Statement (CMS) shall be submitted to and approved in writing by the local planning authority detailing: i) Where the parking and turning facilities for site operatives and construction deliveries will be located ii) Wheel cleansing arrangements to prevent mud from being deposited on the highway during the period of construction iii) Hours of operation iv) Demolition Management Plan The approved CMS shall be adhered to throughout the construction period for the development. 10) Notwithstanding condition 2, prior to the first occupation of the dwellings approved, a revised landscape plan shall be submitted showing semi https://www.gov.uk/planning-inspectorate 12
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 mature hedge planting to screen the proposed boundary between Aldridge Manor and the Masonic Lodge and to the private garden fronting Little Aston Road. A timetable for planting shall be included as part of the submitted details. Thereafter, the development shall proceed in accordance with the agreed details. 11) Prior to the first occupation of the development the proposed car parking spaces and cycle shelter shall be provided in accordance with the approved details. Thereafter, they shall be retained and used for no other purpose. 12) Prior to the first occupation of the development, the existing vehicle footway crossing on Little Aston Road, at the north-western corner of the development shall be permanently closed off and reinstated back to full kerb height in accordance with details previously agreed in writing with the local planning authority. 13) Prior to the first occupation of the development, the existing frontage boundary wall shall be reduced in height to 600mm above footway level for at least 1 metre distance either side of the vehicle access point on Little Aston Road, in accordance with drawing no.113424 0793 Rev 04.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor 14) Prior to the commencement of development, an asbestos report covering survey, recommendations, method of removal and disposal shall be undertaken by a competent person in accordance with HSG264 and the report submitted to and approved in writing by the local planning authority. Thereafter, the development shall be implemented in accordance with the agreed details. 15) Prior to first occupation of the development, an Air Quality Low Emission Scheme shall be submitted to and agreed in writing by the local planning authority and shall include details of electric vehicle charging points, specification and locations within the site. The agreed scheme shall be provided prior to first occupation in accordance with the approved details and maintained (or subsequently upgraded) thereafter. END OF CONDITIONS FOR APPEAL A Schedule of conditions for Appeal B 1) The works authorised by this consent shall begin not later than 3 years from the date of this consent. 2) Prior to the commencement of the works hereby permitted, a schedule of stripping out detailing areas of demolition and removal of fabric (accompanied by annotated plans at a scale of 1:20) shall be submitted to and approved in writing by the local planning authority.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor The works shall be then carried out in accordance with the approved details. 3) Prior to the commencement of the works hereby permitted, a schedule of repair and replacement for external fabric including to the roof, chimneys, portico, external masonry and render, and rainwater goods (accompanied by annotated plans at a scale of 1:20) shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details. 4) Prior to the commencement of the works hereby permitted, details of the render and mortar to be used on any external surfaces, including details of the render mix, finish and colour, as well as the mortar mix and https://www.gov.uk/planning-inspectorate 13
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor Appeal Decisions APP/V4630/W/22/3304491 & APP/V4630/Y/22/3304493 pointing technique, shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details. 5) Prior to the commencement of the works hereby permitted, details of new or replacement rainwater goods, soil pipes, extraction vents, ventilation pipes, heating flues and external lighting including details of materials, finish and colour (accompanied by annotated plans at a scale of 1:20) shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details. 6) Prior to the commencement of the works hereby permitted, details of internal mechanical and electrical services including installation water, heating, electrical and fire detection system shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor 7) Prior to the commencement of the works hereby permitted, details of internal fire and noise insulation and new internal partitions (accompanied by annotated plans at a minimum scale of 1:20) shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details. 8) Prior to the commencement of the works hereby permitted, a schedule of windows and doors detailing the condition of existing windows and doors, repairs or replacement of windows and doors, secondary glazing including details of materials, glazing and manufacture (accompanied by annotated plans at a scale of 1:5 to 1:20 (as appropriate)) shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details.
Little Aston Road, Aldridge, Walsall, WS9 8NJ — Walsall Metropolitan Borough Council — Helen O’Connor 9) Prior to the commencement of the works hereby permitted, a schedule of internal repairs or replacement of internal joinery and internal decorative features including details of timber flooring, timber panels, skirting boards, staircase, picture and dado rails, internal doors, architraves and plasterwork (accompanied by annotated plans at a scale of 1:5 to 1:20 (as appropriate) shall be submitted to and approved in writing by the local planning authority. The works shall be then carried out in accordance with the approved details. 10) Prior to the commencement of the works hereby permitted, a Listed Building Protection Method Statement shall be submitted that shall include details for the protection of existing internal and external historic fabric during the course of the works, including the scaffolding details and safe storage of materials temporarily removed off site during the construction. The works shall then be carried out in accordance with the approved Listed Building Protection Method Statement. END OF CONDITIONS FOR APPEAL B https://www.gov.uk/planning-inspectorate 14
Main issues and findings
Heritage impact Against appellant ¶10
The Inspector found that the proposed development would offer some enhancement to the building's rear and side elevations, but would also dilute the architectural composition of the building, thereby failing to preserve its significance and special interest.
Flood risk Neutral ¶null
There was no mention of flood risk in the decision letter.
Ecology and biodiversity Against appellant ¶28
The Inspector found that the proposed development would likely increase the number of people living within a typical driving distance of the SAC, and that future residents of the development would potentially visit the SAC for recreational purposes, causing disturbance and adversely affecting the habitat.
Planning obligations For appellant ¶34
The Inspector found that the mitigation measures proposed in the case would be sufficient to avoid an adverse impact to the integrity of the SAC, and that the obligation to secure SAC mitigation payments of £329.83 for each of the 8 dwellings would be fairly and reasonably related in scale and kind to the development.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Determinative |
| Policy ENV2 of the Black Country Core Strategy, February 2011 (CS) |
Substantial |
| Policy CSP3, CSP4 and ENV1 of the CS, saved policy ENV23 of the Unitary Development Plan, and policy EN1 of the Walsall |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 14 pages, issued by the Planning Inspectorate on 3 November 2023 under the Open Government Licence.