Case 3310919

Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE

Bath and North East Somerset Council — appeal allowed

Outcome
Allowed
Decision date
14 November 2023
Authority
Bath and North East Somerset Council
Inspector
Tucker A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Haskins Duguid, Blacker and Wood
LPA reference
21/05684/FUL
ONS LPA code
E06000022
Jurisdiction
Transferred
Link status
Lead
Start date
7 March 2023

Summary AI

The appeal related to the renovation and extension of a historic former Coach House in Bath. The inspector allowed the appeal, finding that the proposal would modestly harm the significance of the listed building, but that this harm was outweighed by the public benefits of securing a good long-term use for the building and facilitating the delivery of a new dwelling in a location with high accessibility to local facilities and services.

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

PDF text

Page 1 · Chunk 0 Appeal Decisions

Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions Site visit made on 17 October 2023 by A Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 14 November 2023 Appeal A Ref: APP/F0114/W/22/3310919 Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE • 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 Haskins Duguid, Blacker and Wood against the decision of Bath and North East Somerset Council. • The application Ref 21/05684/FUL, dated 20 December 2021, was refused by notice dated 22 September 2022. • The development proposed is the renovation and extension of the historic former Coach House to provide a residential dwelling. Appeal B Ref: APP/F0114/Y/22/3310917 Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE • 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 Haskins Duguid, Blacker and Wood against the decision of Bath and North East Somerset Council.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions • The application Ref 21/05685/LBA, dated 20 December 2021, was refused by notice dated 22 September 2022. • The works proposed are the renovation and extension of the historic former Coach House to provide a residential dwelling. Decision – Appeal A 1. The appeal is allowed, and planning permission is granted for the renovation and extension of the historic former coach house to provide a residential dwelling, at Former Coach House to rear of 8 Edgar Buildings, St Andrew’s Terrace, Bath, BA1 2EE, in accordance with the terms of the application, Ref: 21/05684/FUL, dated 20 December 2021, subject to the conditions in the attached schedule. Decision – Appeal B 2. The appeal is allowed, and listed building consent is granted for the renovation and extension of the historic former coach house to provide a residential dwelling, at Former Coach House to rear of 8 Edgar Buildings, St Andrew’s Terrace, Bath, BA1 2EE, in accordance with the terms of the application, Ref 21/05685/LBA, dated 20 December 2021, and the plans submitted with it subject to the conditions in the attached schedule. Preliminary Matters 3. The appeals relate to the same scheme under different legislation.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions I have dealt with both appeals together in my reasoning. https://www.gov.uk/planning-inspectorate

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions I have dealt with both appeals together in my reasoning. https://www.gov.uk/planning-inspectorate

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions Appeal Decisions APP/F0114/W/22/3310919 and APP/F0114/Y/22/3310917 4. I have added ‘former coach house to rear of’ to the beginning of the address as it is more accurate than the address entered on the application form. Main Issues 5. The effect of the proposal upon the significance of the grade II listed building known as 1-9 Edgar Buildings, and whether the proposal would preserve or enhance the character or appearance of the conservation area. Reasons 6. Section 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA) requires the decision maker to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. Additionally, Section 72 of the LBCA requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of a conservation area. 7. The appeal building is part of a row of mews buildings that sit behind Edgar Buildings and are contemporaneous with its construction. They are considered to fall under the listing designation of the terrace. 8.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions Edgar Buildings is a high-status 18th century terrace that occupies an elevated site and was developed at the same time as Milsom Street. Its ashlar stone façade is symmetrical: the middle unit projects forward slightly and is marked by a pediment and elaborate doorcase that is centred on the end of Milsom Street and provides a fine termination to the view up Milsom Street. 9. To the rear stand the much more modest mews buildings. Evidence suggests that they originally had a uniform appearance, however the building at the east end has been shortened to single storey and no. 3 was raised with a flat roof and lift tower and has recently been altered further with a substantial metal clad upward extension. Despite the significant level of alteration that has occurred, they still express the functional role that they played in serving the day to day running of the terrace. 10. The inner elevation of the mews that faces towards the rear of Edgar Buildings has also seen significant intervention. However, original elements of the design can still be readily appreciated. The ashlar walls are largely solid and are topped with a simple parapet detail that hides the pitched roofs.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions This polite façade ensured that the working nature of the mews buildings did not intrude on the polite environment of the dwellings. 11. There are many opportunities in the immediate area to view the mews buildings in the context of Edgar Buildings, which gives the two a legible historic interrelationship and helps to articulate the historical status of the Terrace. This overall relationship, as well as retained elements of the original design, are positive contributors to the significance of the listed building. 12. The site is within a character area of the Bath Conservation Area (BCA) that is described as the very heart of 18th century Bath. It is dominated by carefully executed terraces, squares, mews, and individual houses that are constructed in Bath stone. Edgar Buildings and its row of mews buildings is a good example of this period of the city’s development and contributes to the significance of the BCA. https://www.gov.uk/planning-inspectorate 2

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions Appeal Decisions APP/F0114/W/22/3310919 and APP/F0114/Y/22/3310917 13. The proposal would see the building extended at the rear as part of its conversion into a dwelling. There would be some harm to the deliberately plain south elevation of the building, and as a result a minor dilution of the historic relationship between the mews and terrace. Although, this would be lessened by the extent of alteration that the Mews buildings have already been subjected to, including the highly prominent upward and rearward modern extensions at its western end. The proposed extension would terminate with a gable elevation, but where it attaches to the existing building the roof would be hipped. This would be a little unconventional, however it would give the extension a form that is clearly subservient to the existing building and would allow a greater portion of its solid wall – which is a key component of its significance – to be retained. 14. There would be some harm arising from the loss of some of the rear stone wall to facilitate the extension and the upper window openings.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions The loss of historic fabric would be modest however, as a significant portion of the lower part of the wall has already been removed to form a large modern opening and surrounding areas of masonry disturbed. 15. The additive form of the extension would be further expounded by the use of rubble stone, which would set it apart from the existing ashlar stone wall. The proposed materials, and the way that the extension would attach to the existing building are characteristics of the proposed design that would lessen its impact. The level of harm would therefore be modest. 16. It is suggested that the extension would have a domestic appearance, which would be contrary to the functional and semi-industrial character of the mews buildings. The extension, by virtue of its full height opening and plain black framed glazing, would not be overtly domestic. These characteristics would give it a loosely industrial appearance and would set it apart from the fine domestic joinery on the opposing elevation at the back of Edgar Buildings. It would thus maintain the distinction between the functional appearance of the mews buildings and the domestic character of the dwellings. 17.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions In terms of the wider impact on the character and appearance of the BCA, the element of the appeal building that faces out onto the public realm is its north elevation. Alterations proposed here would not be harmful. There would be some views of the proposed extension from the upper windows at the rear of Edgar Buildings and from across adjacent plots. However, beyond this the proposal would be hidden from wider views and would have no impact on the general contribution that Edgar Buildings and its mews buildings make to the character and appearance of the BCA. 18. Notwithstanding this, for the reasons given, I have found that the proposal would modestly harm the significance of the listed building. In terms of the National Planning Policy Framework (the Framework) the harm would be less than substantial. Paragraph 202 of the Framework establishes that any harm should be weighed against the public benefits of the proposal. 19. The proposal would require a considerable level of investment into the existing building, which would secure much needed fabric repairs and would give it a sustainable long term use to safeguard its future conservation.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions The pre-cast concrete lintel and metal garage door at the rear would be removed as part of the proposal. These are heritage related public benefits that should attract considerable weight. https://www.gov.uk/planning-inspectorate 3

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions The pre-cast concrete lintel and metal garage door at the rear would be removed as part of the proposal. These are heritage related public benefits that should attract considerable weight. https://www.gov.uk/planning-inspectorate 3

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions Appeal Decisions APP/F0114/W/22/3310919 and APP/F0114/Y/22/3310917 20. The Council suggests that the building’s re-use is not reliant on the proposed extension. Whilst I accept that an alternative scheme to convert the building without the extension might be possible, the extension is integral to the proposal before me and would deliver a well appointed dwelling. I am therefore not satisfied that this matter should lessen the weight I give to the public benefits of securing a good long term use to the building as well as an investment in the building’s fabric at the point of conversion. 21. The proposal would also facilitate the delivery of a new dwelling in a location with a high level of accessibility to local facilities and services. This is also a public benefit that weighs in favour of the proposal. 22. I am satisfied that the public benefits set out above are of sufficient weight to outweigh the modest level of harm identified, even when I give great weight to the conservation of heritage assets in accordance with Paragraph 199 of the Framework. In coming to this view, I have had regard to the requirements of the LBCA.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions The proposal would accord with Policy HE1 of the Bath and North East Somerset Placemaking Plan 2017, which seeks to safeguard heritage assets and affirms the requirement to weigh any harm against the public benefits of a proposal. Other Matters 23. The appeal building is within the Bath World Heritage Site (BWHS). Edgar Buildings and its mews buildings are components of the Georgian expansion of the city, illustrating social hierarchy and a regency design that is typical of Bath’s 18th and 19th century development. The existing building thus contributes to the outstanding universal value (OUV) of the WHS. The Council is of the view that the proposal would not harm the OUVs as a result of its size, location and appearance. The proposal would be discreetly located at the rear of the building and would not be visible from the public realm. It would not have a discernible wider impact on the contribution that the mews building makes to the OUVs of the WHS. I am thus satisfied that it would not harm the BWHS. Conditions 24. I have had regard to the conditions suggested by the Council. I have considered these against the tests in the Framework and the advice in the Planning Practice Guidance.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions I have imposed a condition for the planning permission that specifies the approved plans as this provides certainty. 25. I have imposed a condition [3] to secure the provision of a construction management plan for the planning permission. This condition is necessary to ensure the safe operation of the highway during the construction phase and in the interests of protecting the living conditions of those who live near the site, taking particular account of the densely developed character of the area, modest size of the site, and the close proximity to other buildings. 26. I have imposed a landscaping condition [4] for the planning permission to secure the reinstatement of the area that would become the rear garden, to achieve ecological enhancement and benefit the character and appearance of the area. 27. I have imposed conditions 5 and 6 for the planning permission to minimise ecological damage and secure elements of ecological enhancement. https://www.gov.uk/planning-inspectorate 4

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — Appeal Decisions Appeal Decisions APP/F0114/W/22/3310919 and APP/F0114/Y/22/3310917 28. Conditions 2-4 of the listed building consent are necessary to safeguard the special interest of the building and the character and appearance of the conservation area. Conclusion 29. For the reasons above I conclude that both appeals should be allowed.

Page 5 · Chunk 16 A Tucker

Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 5

Page 5 · Chunk 17 A Tucker

Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 18 A Tucker

Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker Appeal Decisions APP/F0114/W/22/3310919 and APP/F0114/Y/22/3310917 Schedule of Conditions – Appeal A – Planning Permission Ref: APP/F0114/W/22/3310919 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: 119_010, 119_012, 119_013, 119_014, 119_015, 119_016, 119_020 Rev B, 119_021 Rev B, 119_022 Rev A, 119_023 Rev B, 119_024 Rev B, 119_025 Rev B, 119_030, and 119_031. 3) No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include details of a highway condition survey, demolition, deliveries (including storage arrangements and timings), contractor parking, traffic management, working hours and site opening times. The development shall thereafter be undertaken in accordance with the approved details. 4) The development hereby permitted shall not take place beyond slab level until full details of both hard and soft landscape proposals and a programme of implementation have been submitted to and approved in writing by the Local Planning Authority.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker These details shall include, as appropriate: - Planting plans, - Written specifications (including cultivation and other operations associated with plant and grass establishment), and - Schedules of plants, noting species, planting sizes and proposed numbers / densities. 5) The development hereby permitted shall proceed only in accordance with the following measures for the protection of wildlife such as bats and nesting birds: - A careful visual check for signs of active bird nests and bats shall be made of any vegetation due for removal and the interior and exterior of the building and its roof, and any crevices and concealed spaces, prior to the carrying out of any building work affecting these areas, - Active nests shall be protected undisturbed until the young have fledged, - Building works to the roof and any areas with concealed spaces or crevices shall be carried out using ‘soft demolition’ methods, by hand, lifting tiles (not sliding) to remove them, and checking beneath each one, and - If bats are encountered building work shall cease and the Bat Helpline (0345 1300 228) or the on-call licenced bat worker shall be contacted for advice before proceeding.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker 6) Prior to the occupation of the dwelling hereby permitted, roosting features for crevice-dwelling bat species shall be incorporated into the construction of the ridge tiles of the extension. These shall be carried out in accordance with the specification set out at Appendix 5 of the Preliminary Roost Assessment and Ecological Walkover (June 2022). Such features once installed shall be retained in perpetuity. https://www.gov.uk/planning-inspectorate 6

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker 6) Prior to the occupation of the dwelling hereby permitted, roosting features for crevice-dwelling bat species shall be incorporated into the construction of the ridge tiles of the extension. These shall be carried out in accordance with the specification set out at Appendix 5 of the Preliminary Roost Assessment and Ecological Walkover (June 2022). Such features once installed shall be retained in perpetuity. https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 22 A Tucker

Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker Appeal Decisions APP/F0114/W/22/3310919 and APP/F0114/Y/22/3310917 Schedule of Conditions – Appeal B – Listed Building Consent Ref: APP/F0114/Y/22/3310917 1) The works hereby approved shall begin not later than 3 years from the date of this decision. 2) Prior to the commencement of the works hereby approved, a detailed schedule of repair work, including methods and materials, shall be submitted to and approved in writing by the Local Planning Authority. The works shall be undertaken in accordance with the approved details. 3) No installation of the windows, doors, roof lights and other external openings hereby approved 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. 4) No construction of the external walls hereby consented 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 roofs, have been submitted to and approved in writing by the Local Planning Authority.

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Former Coach House To Rear Of 8 Edgar Buildings, St Andrew's Terrace, Bath, BA1 2EE — Bath and North East Somerset Council — A Tucker The schedule shall include: - Detailed specification of the proposed materials (type, size, colour, brand, quarry, location, etc), - Photographs of all the proposed materials, and - An annotated drawing showing the parts of the development using each material. The works shall thereafter proceed only in accordance with the approved details. https://www.gov.uk/planning-inspectorate 7

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

Main issues and findings

Heritage impact
Against appellant
¶10

The inspector noted that the proposal would see the building extended at the rear, which would cause some harm to the deliberately plain south elevation of the building, and a minor dilution of the historic relationship between the mews and terrace.

Heritage impact
Against appellant
¶14

The inspector noted that there would be some harm arising from the loss of some of the rear stone wall to facilitate the extension and the upper window openings.

Heritage impact
For appellant
¶15

The inspector noted that the additive form of the extension would be further expounded by the use of rubble stone, which would set it apart from the existing ashlar stone wall.

Character and appearance
Against appellant
¶16

The inspector noted that the extension, by virtue of its full height opening and plain black framed glazing, would not be overtly domestic, and would thus maintain the distinction between the functional appearance of the mews buildings and the domestic character of the dwellings.

Flood risk
Neutral

Not mentioned in the decision letter.

Policies relied on

Reference Weight
NPPF 208
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 7 pages, issued by the Planning Inspectorate on 14 November 2023 under the Open Government Licence.