Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA
South Gloucestershire Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 21 April 2023
- Authority
- South Gloucestershire Council
- Inspector
- Cuthbert L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Flyer De Lys Ltd
- LPA reference
- P22/01548/F
- ONS LPA code
- E06000025
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 18 January 2023
Summary AI
The appeal site is a parcel of land in the commercial core of the Pucklechurch Conservation Area. The proposal is for a 1.5-storey building with bedrooms in the roofspace. The Inspector found that the development would not harm the character and appearance of the area, and would preserve the character and appearance of the Pucklechurch Conservation Area and the setting of the Grade I listed church of St Thomas à Becket.
PDF text
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision Site visit made on 27 March 2023 by Laura Cuthbert BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 21 April 2023 Appeal Ref: APP/P0119/W/22/3309174 Fleur De Lys, 12 Shortwood Road, Pucklechurch, Bristol BS16 9RA • 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 Flyer De Lys Ltd against the decision of South Gloucestershire Council. • The application Ref P22/01548/F, dated 8 March 2022, was refused by notice dated 21 August 2022. • The development proposed is Erection of 1 no. detached dwelling and associated works. Decision 1. The appeal is allowed and planning permission is granted for Erection of 1 no. detached dwelling and associated works at Fleur De Lys, 12 Shortwood Road, Pucklechurch, Bristol BS16 9RA in accordance with the terms of the application, Ref P22/01548/F, dated 8 March 2022, subject to the conditions set out in the attached schedule. Preliminary Matters 2. In the banner heading above, I have taken the description of development from the Council’s decision notice and the appellant’s appeal form as this more accurately describes the appeal proposal. 3.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision I note the reference in the Council’s Committee Report to a discrepancy between the materials shown on the elevations1 and the site sections2. However, a revised elevation plan3 was submitted prior to the determination of the application which has removed the reference to ‘Bradstone rough dressed southwold’. I have therefore determined the appeal based on this revised plan. 4. The Council have not submitted a statement of case. Therefore, I have made my decision on the information before me, most notably the reasons for refusal and the minutes from the relevant planning committee meeting. Main Issue 5. The main issue is the effect of the development on the character and appearance of the area, having particular regard to the Pucklechurch Conservation Area and the setting of the Grade I listed church of St Thomas à Becket. 1 Drawing No. 22.016 – 004 Rev C 2 Drawing No. 22.016 – 003 Rev D 3 Drawing No. 22.016 – 004 Rev D https://www.gov.uk/planning-inspectorate
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3309174 Reasons 6. The appeal site consists of a parcel of land situated to the rear of Fleur De Lys, a former public house situated along Shortwood Road, running through the village of Pucklechurch. Six new dwellings have been recently constructed to the northwest of the site. 7. The site lies within the ‘commercial core’ of Pucklechurch Conservation Area (CA). The Pucklechurch CA Supplementary Planning Document (SPD) (July 2010) states that the significance of the CA largely derives from its special architectural and historic character. I found this to be the case at my site visit where I saw that the village contains an attractive and rich variety of predominantly stone built houses, ranging in size from substantial free standing manor and farmhouses in large grounds, to terraces of modest vernacular cottages. The SPD states that the commercial core of the CA has a distinctly built-up and enclosed character. 8. The CA is dominated by the Grade I listed church of St Thomas à Becket. The church is of Norman origin dating largely from the thirteenth century, with a fourteenth century north arcade and a fine thirteenth/fourteenth century tower.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision Its significance for the purposes of this appeal lies primarily within its architectural, historic and communal value. 9. The SPD confirms the church is located on an elevated platform of land and set back from the road. It is a landmark building and its prominent setting within the village contributes greatly to its significance. Whilst the church itself is situated outside of the ‘commercial core’, the built up and enclosed character of the commercial core heavily influences the setting within which the listed church is currently experienced. Due to its elevation, there are views across the churchyard towards the appeal site. Furthermore, it is acknowledged that the church can be seen from a short section of Shortwood Road, looking north across the appeal site and therefore it contributes to the setting, albeit that the Fleur De Lys building already significantly interrupts this view. The main building of Fleur De Lys has also been identified as a non-designated heritage asset, its significance deriving from its character and surviving original architecture. 10.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision The proposal would be a 1.5 storey building, with bedrooms in the roofspace, and would be appropriately sited and orientated from both the new dwellings and the former public house, retaining a suitable gap from both thereby preserving the significance of the non-designated heritage asset. Due to its position in the commercial core of the village, the proposal would be respectful of the existing built up and enclosed character of this part of the CA. The existing variation of the surrounding built form would allow the proposal, as a result of its small scale and simple design, to satisfactorily integrate with the character and appearance of the area, preventing an overdevelopment of the site. Consequently, the development would avoid harm to the significance of the CA and would preserve the character and appearance of the CA. Furthermore, the proposal would still allow for glimpsed views across the site towards the Grade I listed church, most notably from Shortwood Road. Therefore, it would retain the visual and spatial buffer and the view through the site. 11.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision In regard to views from the churchyard back towards the appeal site, the proposal would be physically separated from the church by Westerleigh Road https://www.gov.uk/planning-inspectorate 2
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision In regard to views from the churchyard back towards the appeal site, the proposal would be physically separated from the church by Westerleigh Road https://www.gov.uk/planning-inspectorate 2
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3309174 and the residential development to the southwest side of Westerleigh Road. Whilst the rear gable end of the proposal would be visible, it would be seen in the context of the new dwellings and the main building of Fleur De Lys and would be seen as a subservient addition to the surrounding buildings. Therefore, it is considered that the proposal would have a neutral impact on the setting of the Grade I listed church of St Thomas à Becket thereby preserving its significance. 12. Therefore, for the reasons above, I conclude that the proposal would not harm the character and appearance of the area. Notably, it would preserve the character and appearance of the Pucklechurch CA and the setting of the Grade I listed church of St Thomas à Becket. The proposal would be in accordance with Policies CS1 and CS9 of the South Gloucestershire Local Plan (December 2013) which, in combination, seeks new development to respect and enhance the character and distinctiveness of both the site and its context, including any heritage assets.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision It would also be in accordance with Policy PSP1 of the South Gloucestershire Local Plan Policies, Sites and Places Plan (November 2017) which requires proposals to demonstrate an understanding of and respond constructively to the buildings and characteristics that make a particularly positive contribution to the distinctiveness of the area locality. 13. The development is also in accordance with the principles within Chapter 12 of the National Planning Policy Framework (2021) which seek good design sympathetic to the local area. It is also in accordance with the principles set out in Section 16 of the Framework, which requires great weight to be given to heritage assets’ conservation, including their setting. Other Matters 14. I note the concerns raised by the Parish Council and the local ward Councillor regarding the access from Shortwood Road and the on-site parking. However, I also note the Council’s transport officer has not objected to the proposal. On the basis of the evidence before me, and as a result of my observations on site, I am satisfied that the proposal would not harm highway safety. 15.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision I also note the concerns raised regarding the living conditions of the future occupants of the proposal in regard to the proximity to a micro- pub situated to the northeast of the appeal site, which has recently been granted planning permission. A 1.8m stone wall would enclose the rear garden associated with the proposal, which would provide sufficient screening between the two uses. I note the Council raise no objection to the proposal on this matter and I see no reason to come to a different conclusion. Conditions 16. A condition setting a time limit for commencement of the development is required by statute. It is appropriate that there is a condition requiring the development to be carried out in accordance with the approved plans for certainty. 17. In order to promote sustainable forms of transport, a condition requiring the provision of an electric charging point is considered necessary. The tailpiece phrase has been deleted in order to ensure compliance in perpetuity. 18. In the interests of the preservation of the character and appearance of the CA, a condition requiring a sample panel of natural facing stone is considered https://www.gov.uk/planning-inspectorate 3
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3309174 reasonable and necessary. A condition to require samples of the timber cladding and roof tile is also considered necessary in order to preserve the character and appearance of the CA. Detailed design of all new windows, rooflights, doors, any vents or flues, as well as details of eaves, verges and ridges are also considered necessary in order to preserve the character and appearance of the CA. 19. Given the sensitivity of the appeal site’s location in the CA, it is considered both reasonable and necessary to remove permitted development rights. I have amended it slightly for clarity purposes. Conclusion 20. For the reasons given above, I conclude that the appeal should be allowed.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Laura Cuthbert INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Floor Plans and Elevations Drawing No 22.016-004 Rev D, Proposed Site Sections Drawing No 22.016-003 Rev D, Proposed Site Plan Drawing No 22.016–002 Rev B and Existing Site Plan (And Location Plan), Drawing No 22.016-001. 3) Prior to first occupation, the provision of one electric vehicle (type 2 standard, 7kw/32Amp) charging point for the approved dwelling must be fully installed. The charging point must remain within a useable condition for the lifetime of the development. 4) Prior to the commencement of the relevant works, a representative sample panel of natural facing stone, of at least one metre square, showing the stone, coursing, mortar and pointing, shall be erected on site and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the approved panel, which shall be retained on site until completion of development, for consistency.
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Laura Cuthbert 5) Prior to the commencement of the relevant works, the detailed design of the following items shall be submitted and approved in writing by the local planning authority: a. All new windows and fixed glazing (including cill, head, reveal and glass details). b. Rooflights. c. All new doors (including frames and furniture). d. Any new vents and flues e. Eaves (including rainwater goods), verges and ridges The details shall be submitted via elevation and section drawings at a scale of 1:10, and the development shall be completed strictly in accordance with the agreed details. https://www.gov.uk/planning-inspectorate 4
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Laura Cuthbert 5) Prior to the commencement of the relevant works, the detailed design of the following items shall be submitted and approved in writing by the local planning authority: a. All new windows and fixed glazing (including cill, head, reveal and glass details). b. Rooflights. c. All new doors (including frames and furniture). d. Any new vents and flues e. Eaves (including rainwater goods), verges and ridges The details shall be submitted via elevation and section drawings at a scale of 1:10, and the development shall be completed strictly in accordance with the agreed details. https://www.gov.uk/planning-inspectorate 4
Fleur de Lys, 12 Shortwood Road, Pucklechurch, BRISTOL, BS16 9RA — South Gloucestershire Council — Laura Cuthbert Appeal Decision APP/P0119/W/22/3309174 6) Prior to the commencement of any relevant works, details or a representative samples of the following materials shall be submitted to and approved in writing by the local planning authority: a. timber cladding b. tile The development shall be completed strictly in accordance with the agreed samples. 7) Notwithstanding the provisions of Schedule 2 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no development as specified in Part 1 (Classes A, B, D, E, F) and no development as specified in Part 2 (Classes A and B) other than such development or operations indicated on the plans hereby approved, shall be carried out without planning permission being granted by the local planning authority on an application made for that purpose. https://www.gov.uk/planning-inspectorate 5
Main issues and findings
Heritage impact For appellant ¶11
The proposal would be respectful of the existing built up and enclosed character of this part of the CA, and the development would avoid harm to the significance of the CA and would preserve the character and appearance of the CA.
Heritage impact For appellant ¶12
The proposal would have a neutral impact on the setting of the Grade I listed church of St Thomas à Becket, thereby preserving its significance.
Heritage impact For appellant ¶13
The development is in accordance with the principles within Chapter 12 of the National Planning Policy Framework (2021), which seek good design sympathetic to the local area, and the principles set out in Section 16 of the Framework, which requires great weight to be given to heritage assets' conservation, including their setting.
Parking For appellant ¶14
I am satisfied that the proposal would not harm highway safety, and the Council’s transport officer has not objected to the proposal.
Living conditions For appellant ¶15
The 1.8m stone wall would enclose the rear garden associated with the proposal, which would provide sufficient screening between the two uses.
Conditions For appellant ¶16-19
The conditions are necessary to promote sustainable forms of transport, and to preserve the character and appearance of the CA.
Policies relied on
| Reference | Weight |
|---|---|
| Policies CS1 and CS9 of the South Gloucestershire Local Plan (December 2013) |
Determinative |
| Policy PSP1 of the South Gloucestershire Local Plan Policies, Sites and Places Plan (November 2017) |
Substantial |
| Chapter 12 of the National Planning Policy Framework (2021) |
Substantial |
| Section 16 of the National Planning Policy Framework (2021) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 5 pages, issued by the Planning Inspectorate on 21 April 2023 under the Open Government Licence.