Case 3321065

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH

Lake District — appeal dismissed

Outcome
Dismissed
Decision date
23 February 2024
Authority
Lake District
Inspector
Butcher H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other Major Developments
Appellant
Spring & Co
LPA reference
7/2022/2134
ONS LPA code
E26000011
Jurisdiction
Transferred
Link status
Lead
Start date
27 October 2023

Summary AI

The Inspector dismissed the appeal, finding that the proposed works would harm the special architectural and historic interest of Overwater Hall Hotel and its setting, which is a Grade II listed building and part of the English Lake District World Heritage Site and Lake District National Park.

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

PDF text

Page 1 · Chunk 0 by H Butcher BSc (Hons) MSc PG Dip MRTPI

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — by H Butcher BSc (Hons) MSc PG Dip MRTPI an Inspector appointed by the Secretary of State Decision date: 23rd February 2024

Page 1 · Chunk 1 Overwater Hall Hotel, Ireby, Wigton CA7 1HH

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — Overwater Hall Hotel, Ireby, Wigton CA7 1HH • 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 Mason Gillibrand Architect’s Ltd against the decision of Lake District National Park Authority. • The application Ref 7/2022/2135, dated 10 May 2022, was refused by notice dated 13 March 2023. • The development proposed is redevelopment of hotel to provide additional bedrooms, leisure and dining facilities, siting of 12 no. ‘dark-sky’ cabins, creation of new car park and change of use and adaptation of outbuildings to provide offices and staff accommodation, associated access, drainage and landscaping works.

Page 1 · Chunk 2 Overwater Hall Hotel, Ireby, Wigton CA7 1HH

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — Overwater Hall Hotel, Ireby, Wigton CA7 1HH • 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 Mason Gillibrand Architect’s Ltd against the decision of Lake District National Park Authority. • The application Ref 7/2022/2135, dated 10 May 2022, was refused by notice dated 13 March 2023. • The works proposed are redevelopment of hotel to provide additional bedrooms, leisure and dining facilities, siting of 12 no. ‘dark-sky’ cabins, creation of new car park and change of use and adaptation of outbuildings to provide offices and staff accommodation, associated access, drainage and landscaping works.

Page 1 · Chunk 3 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. https://www.gov.uk/planning-inspectorate Appeal Decisions APP/Q9495/W/23/3321065, APP/Q9495/Y/23/3321074 Reasons Special Architectural and Historic Interest 4. Overwater Hall Hotel and Garden Terrace is Grade II listed1. It was built as a late eighteenth/early nineteenth century country house and is accessed via a long drive with gardens to all sides. Whilst it has been subject to later additions to the rear, the main building retains much of its historic Georgian castellated architecture and plan form. 5. A number of features of the property contribute to its special architectural and historic interest: 6. Of note, in the listing description, is reference to a garden terrace on the east elevation. This is described as forming an integral part of the house with segmental arches underneath providing access to a cellar and steps up to open balustrades. 7. As already stated much of the original plan form of the house remains intact. This is particularly so at ground floor, but even at first floor, where later stud walls have been inserted, the original room plan forms are largely retained. 8.

Page 2 · Chunk 5 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. Also noted in the list description is a large round-headed sash window with radial glazing bars in the rear elevation which serves the main staircase and allows views out of the property across the lawns towards woodland. The staircase is a significant feature with its geometrical design and patterned cast iron balustrade as well as the window serving it. 9. The front and principal elevation of the property currently shows no sign of substantive alteration and as a result can be fully appreciated for its architectural and historic interest, free from the distraction of later additions. 10. Furthermore, the setting of Overwater Hall Hotel is important to the special architectural and historic interest of the property. The extent of the gardens to the north, east, south and west indicate a historically high-status property. The wider areas of woodland have also historically provided rural seclusion and quiet tranquillity and beyond the garden and woodland are far reaching views of the landscape for which the Lake District is renowned. This setting therefore also contributes to the architectural and historic interest of the property. Effect of Proposed Works 11.

Page 2 · Chunk 6 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. The proposed works would include alterations to the historic garden terrace. One of the sets of steps would be removed along with the south side balustrade and the terrace would be incorporated into a much larger new terrace area to the rear. The segmental arches of the terrace would also be double glazed to enclose the area underneath which leads to the cellar. Such works would result in the loss of historic fabric and fundamentally undermine the historic appearance and function of the terrace thereby eroding its architectural and historic interest. 12. The extensive extensions to the rear of the property would significantly affect the architectural and historic interest of the window to the main staircase by partially obscuring and detracting from external views of it and thereby reducing its architectural prominence on the historic principal building. Views 1 NGR:NY2434734614 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. Appeal Decisions APP/Q9495/W/23/3321065, APP/Q9495/Y/23/3321074 from this window would also be dramatically altered from the historic rural aspect of the property’s grounds to a sprawling contemporary complex of buildings. 13. At first floor, in bedrooms 1 and 4, later stud wall partitions would be removed to restore these rooms to their historic plan form which is a positive change. However, more permanent changes to the plan form of the property are proposed through the creation of openings to provide access to new ensuites for these rooms. Furthermore, lobbies are proposed which would result in additional new openings being created. Such changes would result in the loss of historic fabric and permanent damage to the building’s historic plan form. 14. At ground floor a new staircase is to be inserted in the style of and as an extension to the existing main staircase to provide access to the basement. This would be a big intervention into an area of architectural and historic significance in the property. It would not only result in the loss of historic fabric, but it would also alter the historic layout and function of the property; access to the cellar being historically via a smaller, secondary staircase. 15.

Page 3 · Chunk 8 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. The main entrance steps to the property are proposed to be partially removed and an accessible access provided. This would result in further loss of historic fabric, and detail as to how this could be achieved sympathetically has not been provided. In addition to this the extent of building to the rear, in particular the new two storey destination restaurant, would be visible in certain views of the main principal elevation, drawing the eye and detracting from its historic and architectural interest. 16. In terms of setting the proposal involves extensive buildings and works over historic gardens to the rear and west of the property. In the wider setting would also be the siting of dark sky lodges with associated access roads. Altogether this would significantly diminish the quiet, rural and tranquil seclusion the setting currently provides. 17. I have considered the imposition of conditions as suggested by the Authority, which include photographic recording, lighting schemes, and landscaping but this would not sufficiently minimise the harm I have found. 18.

Page 3 · Chunk 9 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. Taking these points together I find that the special architectural and historic interest that Overwater Hall Hotel and its setting possesses would not be preserved. 19. The appeal site also falls within the English Lake District World Heritage Site and Lake District National Park. This covers a large area and encompasses a range of architecturally and historically important sites and cultural heritage. The architectural form of Overwater Hall Hotel and its setting contributes to both the World Heritage Site and National Park insofar as it retains its appearance as a traditional country house set in the largely wild, remote, and rural surroundings of the Lake District. Given I have found harm to Overwater Hall Hotel and its setting it follows that the proposal would cause harm to the World Heritage Site and National Park. This is irrespective of there being limited public vantage points of the site. 20. For these reasons I find conflict with Policies 1 and 7 of the Lake District National Park Local Plan which respectively seek to protect the Lake District National Park and the historic environment. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. Appeal Decisions APP/Q9495/W/23/3321065, APP/Q9495/Y/23/3321074 21. In terms of para 208 of the Framework the extent of harm I have identified would be ‘less than substantial’. As set out therein where a development proposal would lead to ‘less than substantial harm’ to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal. Heritage Balance 22. The benefits put forward in this case include securing the optimum viable use of the property as a hotel. However, no substantive evidence has been provided to support this assertion. Nevertheless, there would be a public benefit in retaining the current use of the property as a hotel and its expansion would undoubtedly bring with it economic benefits and support tourism. Staff accommodation could be provided on site. I also note various improvements are proposed such as the restoration of the Ash woodland, increased biodiversity, enhancements to existing footpaths, and improved accessibility throughout the site. As previously noted I have also found a modest benefit in terms of the removal of existing stud partitions in bedrooms 1 and 4.

Page 4 · Chunk 11 English Lake District World Heritage Site and the Lake District National Park.

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — English Lake District World Heritage Site and the Lake District National Park. There is also an opportunity to reinstate former farm buildings on the site as part of the proposals. Taken together these benefits carry moderate weight. 23. Para 205 of the Framework advises that great weight should be given to the conservation of designated heritage assets irrespective of whether any potential harm amounts to substantial harm, total loss, or less than substantial harm. Furthermore, any harm must be given considerable importance and weight. Given that the proposal would result in harm to a number of significant features of special architectural and historic interest possessed by the property and its setting I find that this harm is not outweighed by the public benefits in this case. Conclusion 24. The appeals are dismissed.

Page 4 · Chunk 12 Hayley Butcher

Overwater Hall Hotel, Ireby, Wigton, Cumbria, CA7 1HH — Lake District — Hayley Butcher INSPECTOR https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Heritage impact
Against appellant
¶11

The proposed works would result in the loss of historic fabric and fundamentally undermine the historic appearance and function of the terrace.

Heritage impact
Against appellant
¶12

The extensive extensions to the rear of the property would significantly affect the architectural and historic interest of the window to the main staircase.

Heritage impact
Against appellant
¶13

Removing later stud wall partitions would be a positive change, but more permanent changes to the plan form of the property are proposed through the creation of openings to provide access to new ensuites for these rooms.

Heritage impact
Against appellant
¶14

Inserting a new staircase in the style of and as an extension to the existing main staircase would result in the loss of historic fabric, and alter the historic layout and function of the property.

Heritage impact
Against appellant
¶15

Partially removing the main entrance steps to the property and providing an accessible access would result in further loss of historic fabric.

Heritage impact
Against appellant
¶16

The proposal involves extensive buildings and works over historic gardens to the rear and west of the property, which would significantly diminish the quiet, rural and tranquil seclusion the setting currently provides.

Heritage impact
Against appellant
¶19

The proposal would cause harm to the World Heritage Site and National Park.

Heritage impact
Against appellant
¶20

The proposal would conflict with Policies 1 and 7 of the Lake District National Park Local Plan.

Heritage impact
Against appellant
¶21

The extent of harm I have identified would be ‘less than substantial’.

Heritage impact
Against appellant
¶22

The benefits put forward in this case include securing the optimum viable use of the property as a hotel, but no substantive evidence has been provided to support this assertion.

Heritage impact
Against appellant
¶23

The public benefits in this case do not outweigh the harm to the special architectural and historic interest of the property and its setting.

Policies relied on

Reference Weight
Local Plan D1
Determinative
NPPF 208
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 23 February 2024 under the Open Government Licence.