Old School House, Mary Lane, North Waltham, RG25 2BY
Basingstoke and Deane Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 3 April 2024
- Authority
- Basingstoke and Deane Borough Council
- Inspector
- Rose C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Other
- Development type
- Minor Dwellings
- Appellant
- Digey
- LPA reference
- 23/00204/ROC
- ONS LPA code
- E07000084
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 December 2023
Summary AI
The appeal to modify condition No.1 of a planning permission to allow a change in design was dismissed. The inspector found that the proposed dwelling would be more prominent in views of the village, harming the Conservation Area's character and appearance, and the setting of the non-designated heritage asset.
PDF text
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — by C Rose BA (Hons) BTP MRTPI an Inspector appointed by the Secretary of State Decision date: 03 April 2024
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — Old School House, Mary Lane, North Waltham, Hampshire RG25 2BY • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr P Woodward, Digey against the decision of Basingstoke and Deane Borough Council. • The application Ref is 23/00204/ROC. • The application sought planning permission for Erection of detached dwelling including parking provision for existing and proposed dwelling without complying with a condition attached to planning permission Ref 20/00221/FUL, dated 12 October 2022. • The condition in dispute is No.1 which states that: ‘The development hereby permitted shall be carried out in accordance with the following approved plans: Location & Block Plan; 394/P01/C Street scene; 394/P03/C Proposed site plan; 394/P02/G Proposed Floor Plans; 394/P10/D Proposed Elevations; 394/P11/D Swept Path analysis; 2020/5320/001/B’ • The reason given for the condition is: ‘For the avoidance of doubt and in the interests of proper planning’.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — proposed dwelling. The planning application2 the subject of this appeal proposes the variation of condition No.1 to the original permission to allow the
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — raising of the eaves/ridge of the proposed dwelling. As a result of the raising of the eaves/ridge, the previously proposed dormer windows serving a first floor
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — separate from the roof level. Condition No.1 lists the plans that the development should be carried out in accordance with. The appeal seeks to
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning 1 20/00221/FUL 2 23/00204/ROC https://www.gov.uk/planning-inspectorate
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning 1 20/00221/FUL 2 23/00204/ROC https://www.gov.uk/planning-inspectorate Appeal Decision APP/H1705/W/23/3325885 permissions. The first permission3 granted consent for a front extension including new roof and two storey rear gable, new vehicular access and driveway. The second permission4 granted a variation to the approved plans the subject of the first permission raising the eaves to the roof above the garage to allow habitable accommodation to the roof space through the use of dormer windows. At the time of the consideration of this appeal, neither of these consents have been implemented. 4. The appellant opposes the reasoning for the Council’s concerns regarding the size, scale and design of the variation being out of keeping and disproportionate in scale and character to the host property and surrounding street scene causing harm to a non-designated heritage asset and North Waltham Conservation Area (CA). The appellant summarises opposition to the Councils case on the basis of the principle of a dwelling having already been approved, as the proposal would result in a similar height to the altered Old School House and the size and internal arrangement of the proposed dwelling being unchanged.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning In addition, the appellant cites changes to the Old School House altering the character of the area, the site having a low-lying topography below neighbouring properties and the proposed building being of a traditional design using quality materials that would have a positive impact on the CA. 5. In light of the above, the main issue is whether the condition is reasonable and necessary having regard to the effect of the amended plans on the character and appearance of the area, including whether it would preserve or enhance the character or appearance of the CA and the significance of any non- designated heritage assets. Reasons 6. The appeal site forms part of the rear garden to the Old School House located at the edge of North Waltham. The immediate area is characterised by detached single and two-storey residential development set off narrow lanes without pavements. The predominant facing materials close to the appeal site are render and brick under relatively shallow pitched roofs. The Old School House and the appeal site form part of the outer northern boundary to the CA.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning On approach from the north along Steventon Road, the Old School House is one of the first significant dwelling that can be seen forming part of the verdant entrance to the settlement set alongside the planted open space on the opposite side of Mary Lane. Views of other nearby buildings are generally screened by tree and hedge planting, and by the Old School House itself. 7. The CA is also characterised by its listed buildings, buildings of local interest and the public and private spaces, including the open space opposite the site. The buildings and spaces around the appeal site are open and spacious contrasting with the more tightly knit character and intimate feel of the village centre. The proximity of the site to the countryside and its more spacious verdant character form an important transition from the countryside to the tight knit character of the centre of the village. These elements combine to form the significance of this part of the CA. 8. The Old School House is a two-storey dwelling with a single storey side projection under shallow pitched roofs. By virtue of the building being identified 3 20/03050/HSE 4 21/03422/ROC https://www.gov.uk/planning-inspectorate 2
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning Appeal Decision APP/H1705/W/23/3325885 within the North Waltham Conservation Area Appraisal as a Building of Local Interest, for the purposes of this appeal, I have treated it as a non-designated heritage asset. Its significance is largely derived from its historic interest as a former schoolhouse and its associated plot which remains mainly intact demonstrating the local history and evolution of the area. Due to the open vistas along Mary Lane and views across the open space, the building is visible allowing an appreciation of its significance in the street scene, and approach to the village from the north, to which the appeal site contributes. 9. The dwelling on the appeal site as consented by the original planning permission comprises dormer windows set within the first floor that is itself partly constructed within the roof. This helps to reduce the height of the building and gives the appearance of a shallow pitched roof. As a result, these elements would reduce the scale and prominence of the dwelling on approach to the village from the north, from Mary Lane and from across the open space.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning By contrast, the proposal would incorporate a full first floor in place of the dormer windows and increase the resultant height of the building, giving the appearance of a larger roof. As a result, the proposal would make the dwelling more prominent in these views. This would be the case despite the traditional design and materials proposed, the building footprint remaining unchanged and the other nearby properties being of no identified architectural value. 10. In relation to The Old School House as currently constructed, the proposed increased height of the appeal dwelling would be significant. By reason of the increased height, the resultant scale of the building would dominate the Old School House and be disproportionate to it in scale and dominate its setting. For the same reasons, it would become more prominent on approach to the village and when viewed across the adjacent open space harming the spacious transition from the countryside to the village. 11. The plans approved as part of the planning permissions for the Old School House show the building incorporating dormer windows.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning This reduces the perceived height and bulk of the building and its effect on the spacious character of the area and its prominence at the entrance to the settlement. By virtue of the removal of the dormer windows from the current appeal proposal, and resultant appearance of a larger bulk of roof, the proposed dwelling would appear at odds with the altered Old School House, Corndell and other nearby dwellings that contain these design features. Moreover, the building would be taller and set at a slightly lower level resulting in a scale and bulk of building that would dominate the Old School House. For the same reasons it would draw attention away from the Old School House, undermining its setting. 12. While I note that The Foxes Den, Hobbitts Roost and Frydell are positioned close to the Old School House at a higher level, these are less prominent on approach to the village and from the open space due to their bungalow form with relatively shallow pitched roofs.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning While I appreciate that Corndell is a two- storey dwelling set at a considerably higher level than the appeal site, the use of dormer windows reduces its scale and bulk with the significant levels, boundary treatment and distance from the Old School House resulting in the appeal site being more closely viewed in association with the scale and height of the Old School Building. Due to the presence of the planted open space, boundary treatment to Haddef and its shallow pitched roof, it has a suppressed visual impact that aids the spacious verdant character of the area. Other https://www.gov.uk/planning-inspectorate 3
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning While I appreciate that Corndell is a two- storey dwelling set at a considerably higher level than the appeal site, the use of dormer windows reduces its scale and bulk with the significant levels, boundary treatment and distance from the Old School House resulting in the appeal site being more closely viewed in association with the scale and height of the Old School Building. Due to the presence of the planted open space, boundary treatment to Haddef and its shallow pitched roof, it has a suppressed visual impact that aids the spacious verdant character of the area. Other https://www.gov.uk/planning-inspectorate 3
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning Appeal Decision APP/H1705/W/23/3325885 dwellings drawn to my attention by the appellant are not readily viewed in association with the site and do not therefore inform its immediate context. 13. By reason of the increased prominence, height and removal of dormer windows the proposal would detract from and fail to preserve or enhance the character or appearance of the CA as a whole. For the same reasons it would harm the setting of the non-designated heritage asset. I give great weight to the conservation of these heritage assets. 14. The proposal would result in ‘less than substantial harm’ to the Conservation Area and setting of the non-designated heritage asset. It is important to note that ‘less than substantial harm’ does not equate to a less than substantial planning objection. Paragraph 208 of the National Planning Policy Framework requires that ‘less than substantial harm’ should be weighed against public benefits of the proposal. 15. While I acknowledge the proposal would result in some public benefit, including the provision of a dwelling, this would also be achieved with the dwelling as approved.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning Given that the site already benefits from planning permission for a dwelling, and given the small scale of the proposal, the public benefits would be very limited. Accordingly, these matters do not outweigh the ‘less than substantial harm’ to the Conservation Area as a whole or to the setting of the non-designated heritage asset to which great weight should be given. 16. The appellant has stated that the CA boundary could be amended to remove part of the appeal site. However, this is not currently proposed and even if the CA boundary were amended, for the reasons stated the proposal would still harm the setting and significance of the CA and non-designated heritage asset. 17. It follows from the above that I conclude that the condition is reasonable and necessary in order to preserve the character and appearance of the area and to preserve or enhance the character or appearance of the CA with no harm to its significance or to the setting and significance of the non-designated heritage asset in accordance with Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — subject of the original permission. This property benefits from two planning The proposal would not meet with the requirement in the Framework that development should be sympathetic to local character and fit with the overall form and layout of their surroundings. 18. The condition therefore accords with Policies EM1, EM10 and EM11 of the Basingstoke and Deane Local Plan (2011 to 2029) (Adopted May 2016), the Design and Sustainability Supplementary Planning Document (July 2018) and Heritage Supplementary Planning Document (March 2019). Amongst other things, these ensure that development will only be permitted where the proposals are sympathetic to the character and visual quality of the area, respect, enhance and not be detrimental to the character or visual amenity of the landscape, are of a high quality, and do not affect designated or non- designated heritage assets. Conclusion 19. For the reasons given above the appeal is dismissed.
Old School House, Mary Lane, North Waltham, RG25 2BY — Basingstoke and Deane Borough Council — C Rose INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Heritage impact Against appellant ¶6-9, 12-13
The proposed dwelling would be more prominent in views of the village, harming the Conservation Area's character and appearance, and the setting of the non-designated heritage asset. This is because the proposal would remove dormer windows, increasing the height and bulk of the building, making it more dominant in the views.
Character and appearance Against appellant ¶10, 11
The proposed dwelling would not preserve or enhance the character or appearance of the Conservation Area, and would harm the setting of the non-designated heritage asset. This is because the proposal would be out of character with the altered Old School House and nearby dwellings, and would be too dominant in the views.
Other Against appellant ¶7, 13
The proposed dwelling would harm the Conservation Area's character and appearance, and the setting of the non-designated heritage asset. This is because the proposal would detract from the area's spacious verdant character, and would be too dominant in the views.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Substantial |
| Local Plan EM1, EM10, EM11 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 3 April 2024 under the Open Government Licence.