Case 3307282

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN

Lancaster City Council — appeal dismissed

Outcome
Dismissed
Decision date
17 March 2023
Authority
Lancaster City Council
Inspector
Worthington E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr and Mrs Stephen and Joanne Walkden
LPA reference
22/00767/FUL
ONS LPA code
E07000121
Jurisdiction
Transferred
Link status
Lead
Start date
24 January 2023

Summary AI

The inspector dismissed both appeals due to inaccurate plans and a lack of a proper heritage assessment, which made it impossible to determine the proposal's impact on the listed building and conservation area.

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

PDF text

Page 1 · Chunk 0 by E Worthington BA (Hons) MTP MUED MRTPI IHBC

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — by E Worthington BA (Hons) MTP MUED MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 17 March 2023

Page 1 · Chunk 1 The Old Vicarage, Burrow Road, Lancashire, Tunstall, LA6 2QN

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — The Old Vicarage, Burrow Road, Lancashire, Tunstall, LA6 2QN • 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 Walkden against the decision of Lancaster City Council. • The application Ref 22/00767/FUL, dated 21 June 2022, was refused by notice dated 16 August 2022. • The development proposed is described as ‘addition of a garden room to existing house’.

Page 1 · Chunk 2 The Old Vicarage, Burrow Road, Lancashire, Tunstall, LA6 2QN

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — The Old Vicarage, Burrow Road, Lancashire, Tunstall, LA6 2QN • 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 and Mrs Walkden against the decision of Lancaster City Council. • The application Ref 22/00780/LB, dated 23 June 2022, was refused by notice dated 16 August 2022. • The works proposed are described as ‘addition of a garden room to existing house’.

Page 1 · Chunk 3 from its south east elevation under a section of catslide roof which forms a

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — from its south east elevation under a section of catslide roof which forms a 1 The Old Vicarage, A683 (Ref: 1071641) 2 Drawing number 2042C_PA_02 3 Drawing number 2042C_PA_01

Page 1 · Chunk 4 from its south east elevation under a section of catslide roof which forms a

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — from its south east elevation under a section of catslide roof which forms a 1 The Old Vicarage, A683 (Ref: 1071641) 2 Drawing number 2042C_PA_02 3 Drawing number 2042C_PA_01

Page 2 · Chunk 5 from its south east elevation under a section of catslide roof which forms a

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — from its south east elevation under a section of catslide roof which forms a Appeal Decisions APP/A2335/W/22/3307282 and APP/A2335/Y/22/3307286 continuation of the main roof. Although there is some inconsistency between how it is shown on the existing plan as opposed to on the proposed plan, this part of the building is nevertheless included on the drawings depicting the building’s south east elevation. However it is completely absent in the drawings showing the south west elevation. 5. Whilst the parties have not raised this matter, it is imperative that plans are accurate to avoid any uncertainty about what is proposed or its likely effect on the host building. Irrespective of my views as to the planning merits in this case, the inaccuracy of the plans create significant doubt over the effect of the proposal on the host building (since the extension would be sited on both its south east and south west elevations). This is highly undesirable in general terms, but particularly so given that the appeal property is a Grade II listed building in a conservation area. 6. Furthermore, paragraph 194 of the National Planning Policy Framework (the Framework) requires applicants to describe the significance of any heritage assets that may be affected by a proposal.

Page 2 · Chunk 6 from its south east elevation under a section of catslide roof which forms a

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — from its south east elevation under a section of catslide roof which forms a It goes on to advise that this should be proportionate to the asset’s importance and sufficient to understand the potential impact of a proposal on its significance. 7. In this instance, whilst a Heritage Assessment has been provided, no assessment has been made as to the effect of the proposal on the two storey rear offshoot element of the building, and in particular its south west elevation. From my own reading of the plans and observations on site, the proposed works would see the ground floor opening on this part of the building being obscured behind the proposed extension and filled in. Although no details have been provided, this opening has a stone header and cill and appears to be historic. Additionally it seems to me that the extension would obscure a good deal of the building’s historic fabric there, including some of the distinctive stone quoins. 8. Given these significant shortcomings, the information provided by the appellants does not provide a reliable grounding on which to determine the effects of the appeal proposal on the significance of the heritage assets in this case. 9.

Page 2 · Chunk 7 from its south east elevation under a section of catslide roof which forms a

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — from its south east elevation under a section of catslide roof which forms a Taking the above points together, and mindful of the duties arising from the Planning (Listed Buildings and Conservation Areas) Act 1990, the material presented in this case does not provide a reasonable basis to assess whether the proposal would preserve the special interest of the listed building or whether it would preserve or enhance the character or appearance of the Tunstall Conservation Area. For these reasons, nor is it possible for me to draw any conclusions against the Framework or the policies in the development plan. 10. In coming to this view I have considered the possibility of amended plans being provided, but am conscious that the appeal process should not be used to evolve a scheme. Moreover, in this instance I find that to take any such plans into account at this stage has the potential to be prejudicial to the interests of both the main parties, neither of whom have considered the effect of the proposal on that part of the host building that has been omitted from the plans as described above. 2

Page 3 · Chunk 8 from its south east elevation under a section of catslide roof which forms a

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — from its south east elevation under a section of catslide roof which forms a Appeal Decisions APP/A2335/W/22/3307282 and APP/A2335/Y/22/3307286 Conclusion 11. For the above reasons, I conclude that both appeals should be dismissed.

Page 3 · Chunk 9 E Worthington

The Old Vicarage, Burrow Road, Carnforth, Lancashire , LA6 2QN — Lancaster City Council — E Worthington INSPECTOR 3

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

Main issues and findings

Heritage impact
Against appellant
¶5

The inspector was concerned about the inaccuracy of the plans, which created significant doubt over the effect of the proposal on the host building, particularly given its Grade II listed status in a conservation area.

Heritage impact
Against appellant
¶7

The inspector noted that the proposed works would obscure a historic opening and part of the building's fabric, including distinctive stone quoins.

Planning obligations
Against appellant
¶8

The inspector was concerned that the information provided by the appellants did not provide a reliable grounding for determining the effects of the appeal proposal on the heritage assets.

Policies relied on

Reference Weight
NPPF 194
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 17 March 2023 under the Open Government Licence.