Holly House Farm, Town Lane, Mobberley, WA16 7HR

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — by F Rafiq BSc (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 23 November 2023

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — Holly House Farm, Town Lane, Mobberley WA16 7HR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Graham Skinner against the decision of Cheshire East Council. • The application Ref 22/4372M, dated 7 November 2022, was refused by notice dated 26 January 2023. • The application sought planning permission for a proposal to extend existing property to create two separate dwellings without complying with a condition attached to planning permission Ref 22/1352M, dated 7 July 2022. • The condition in dispute is No 2 which states that: The development hereby approved shall be carried out in total accordance with the approved plans: Drawing No. 008 Rev B (Proposed Landscaping Plan) received by the Local Planning Authority on 1st July 2022 and: Drawing No. 000 Rev B (Site Location and Block Plan) Drawing No. 010 Rev B (Proposed Ground Floor Plan) Drawing No. 011 Rev B (Proposed First Floor Plan) Drawing No. 012 Rev C (Proposed Front and Rear Elevations) Drawing No.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — Holly House Farm, Town Lane, Mobberley WA16 7HR 013 Rev C (Proposed Side Elevations) Drawing No. 025 Rev A (Proposed 3D Views) received by the Local Planning Authority on 4th April 2022 except where varied by other conditions of this permission. • The reason given for the condition is: For the avoidance of doubt and to specify the plans to which the permission/consent relates.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — 7 July 2022 subject to the conditions in the attached schedule. https://www.gov.uk/planning-inspectorate

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — 7 July 2022 subject to the conditions in the attached schedule. https://www.gov.uk/planning-inspectorate Appeal Decision APP/R0660/W/23/3319334 Preliminary Matter 2. The appeal site comprises of a former barn and shippon that has been granted planning permission to form two residential units (Ref 22/1352M). This appeal scheme seeks changes, which include the construction of a single storey link extension and other internal alterations. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the appeal building, a non-designated heritage asset and whether it would preserve or enhance the character or appearance of the Mobberley Conservation Area. Reasons 4. The appeal site comprises of a former barn and shippon that dates from the early 19th Century and is within the Mobberely Conservation Area (Conservation Area). It is identified by the Council as a building of townscape merit and is situated in close proximity to Holly House farmhouse that was historically in the same ownership as the appeal site. The traditional form of the buildings in the area, and the surrounding open areas of land make a positive contribution to the Conservation Area which in part, derives its significance from its rural character and dispersed built form. 5.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — 7 July 2022 subject to the conditions in the attached schedule. The Council has raised concerns that the proposed link extension would create a cramped development. It would however have a limited footprint and given its size in relation to the host building, and the overall plot, I consider that it would be a subordinate addition that would not appear unduly cramped. This would be helped by its glazed form which would give it a lightweight appearance compared to the predominantly brick built existing building. 6. The Council has set out that the appeal development, as approved, would allow for the agrarian character of the original building to be retained and more specifically, would include for the repair of the threshing door details that would have been entirely exposed. Whilst the proposed extension would be in front of the arched opening, its largely glazed form would allow views through it and its limited height would leave the upper part of the arch exposed. The legibility of the building would not be undermined, and the appeal proposal would not have a negative material impact on the non-designated heritage asset. As such, and given the extension would be on the elevation away from Town Lane, it would not harm the character and appearance of the Conservation Area. 7.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — 7 July 2022 subject to the conditions in the attached schedule. There are no specific concerns in relation to the internal alterations, which would not have a harmful visual impact. 8. I therefore conclude that the appeal proposal would not have an unacceptable impact on the character and appearance of the appeal building and it would preserve the character and appearance of the Conservation Area. Consequently, it would not conflict with Policies SE 1, SD 2 or SE 7 of the Cheshire East Local Plan Strategy 2010—2030 nor with Policies HER 1, HER 3 and HOU 11 of the Site Allocations and Development Policies Document, which seek, amongst other matters, for sensitivity of design in proximity to designated and local heritage assets and for development to respect the significance of heritage assets. It would also not conflict with advice in section 16 of the National Planning Policy Framework. https://www.gov.uk/planning-inspectorate 2

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — 7 July 2022 subject to the conditions in the attached schedule. Appeal Decision APP/R0660/W/23/3319334 Other Matters 9. The appeal site is situated in the Green Belt. The Council has not raised any concerns in this regard, and having regard to the size and siting of the proposal, I have no reason to disagree. Conditions and Conclusion 10. For the reasons given above I conclude that the appeal should be allowed. This new planning permission will therefore omit the previous plans condition and replace with a condition referencing the submitted plans. 11. The Guidance makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. As I have little information before me about the status of the other conditions imposed on the original planning permission, I shall impose all those undisputed conditions that are still subsisting and capable of taking effect. I have had regard to the reasons for the imposition of those conditions and consider them to be relevant to the appeal development, including requiring details on land contamination to be approved before any works commence to ensure there are no unacceptable impacts.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — 7 July 2022 subject to the conditions in the attached schedule. For the sake of clarity, conciseness and enforceability, I have amended the wording of some of the Council’s conditions as appropriate. In the event that some of the conditions have been discharged, that is a matter which can be addressed by the parties.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq INSPECTOR https://www.gov.uk/planning-inspectorate 3

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/R0660/W/23/3319334 Schedule of Conditions 1) The development hereby permitted shall commence within three years of the date of the permission Ref 22/1352M. 2) The development hereby permitted shall be carried out in accordance with the following approved plans referenced: Proposed Landscaping and Access Plan – ref. 2629 008 Proposed Ground Floor Plan – ref. 2629 010 Proposed First Floor Plan – ref. 2629 011 Proposed Elevations – ref. 2629 012 Proposed Elevations – ref. 2629 013 Proposed Elevations – ref. 2629 014 3) The external surfaces of the development hereby permitted shall be constructed in the materials specified in the application. Development shall be carried out in accordance with the approved details. 4) The approved development shall not be occupied until space has been laid out within the site for the parking of 5 cars in accordance with Drawing No. 2629 008. Parking so provided, including the approved number of spaces for disabled persons (if applicable), shall be retained at all times thereafter.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq 5) No removal of any vegetation or the demolition or conversion of buildings shall take place between 1st March and 31st August in any year, unless a detailed survey has been carried out to check for nesting birds. Where nests are found in any building, hedgerow, tree or scrub or other habitat to be removed (or converted or demolished in the case of buildings), a 4m exclusion zone shall be left around the nest until breeding is complete. Completion of nesting shall be confirmed by a suitably qualified person and a report submitted to and approved in writing by the Local Planning Authority before any further works within the exclusion zone taking place. 6) Prior to the use of any building materials in the new development, detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds, shall be submitted to and approved in writing by the Local Planning Authority. The approved features shall be permanently installed prior to the first occupation of the development hereby permitted and thereafter retained.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq 7) Prior to first occupation of the properties, the developer shall provide electric vehicle infrastructure to the following specification: A single Mode 3 compliant electric vehicle charging point per property with off road parking. The charging point shall be independently wired https://www.gov.uk/planning-inspectorate 4

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq 7) Prior to first occupation of the properties, the developer shall provide electric vehicle infrastructure to the following specification: A single Mode 3 compliant electric vehicle charging point per property with off road parking. The charging point shall be independently wired https://www.gov.uk/planning-inspectorate 4

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq Appeal Decision APP/R0660/W/23/3319334 to a 30A spur to enable minimum 7kW Fast charging or the best available given the electrical infrastructure. Should the infrastructure not be available, written confirmation of such from the electrical supplier shall be submitted to the LPA prior to discharge. Where there is insufficient infrastructure, Mode 2 compliant charging may be deemed acceptable subject to the previous being submitted. The infrastructure shall be maintained and operational in perpetuity. 8) No development (other than demolition and site clearance works) shall commence until: a) A proportionate risk assessment and (if appropriate) site sampling exercise is undertaken to address the risks posed by land contamination. This should be submitted to and approved in writing by the LPA. b) Should the above indicate that remediation is necessary, a Remediation Strategy shall be submitted to and approved in writing by the LPA. The remedial scheme shall be carried out in accordance with the approved Remediation Strategy.

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq 9) No part of the development hereby approved shall be occupied or in use prior to submission and approval in writing of a Verification Report prepared in accordance with the approved Remediation Strategy that covers that part of the development to be occupied or used. 10) (a) Any soil or soil forming materials to be brought to site for use in garden areas or soft landscaping shall be tested for contamination and suitability for use in line with the current version of ‘Developing Land within Cheshire East Council – A Guide to Submitting Planning Applications, Land Contamination’ (in the absence of any other agreement for the development), which can be found on the Development and Contaminated Land page of Cheshire East Council’s website. (b) Prior to occupation, evidence and verification information (for example: quantity/source of material, laboratory certificates, depth measurements, photographs) shall be submitted to, and approved in writing by, the Local Planning Authority (LPA).

Holly House Farm, Town Lane, Mobberley, WA16 7HR — Cheshire East — F Rafiq 11) If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and the contamination shall be reported to the Local Planning Authority as soon as reasonably practicable (but within a maximum of 5 days from the find). Prior to further works being carried out in the identified area, a further assessment shall be made and https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/R0660/W/23/3319334 appropriate remediation implemented in accordance with a scheme also agreed in writing by the Local Planning Authority. End https://www.gov.uk/planning-inspectorate 6