Case 3328064

56 The Serpentine South, Liverpool, L23 6TB

Sefton Metropolitan Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
15 February 2024
Authority
Sefton Metropolitan Borough Council
Inspector
Greenwood L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr and Mrs Terry and Lynda Riley
LPA reference
DC/2023/00811
ONS LPA code
E08000014
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 November 2023

Summary AI

The appeal was made to reinstate a dwellinghouse following demolition, with alterations and extension. However, the Inspector found that the proposed new house would harm the character and appearance of the Blundellsands Park Conservation Area, despite its sustainable location and potential to boost the supply of housing.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision Site visit made on 29 January 2024 by Les Greenwood MRTPI an Inspector appointed by the Secretary of State Decision date: 15th February 2024 Appeal Ref: APP/M4320/W/23/3328064 Glenthorne House, 56 The Serpentine South, Blundellsands L23 6TB • 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 Mr and Mrs Terry and Lynda Riley against the decision of Sefton Metropolitan Borough Council. • The application Ref DC/2023/00811, dated 17 May 2023, was refused by notice dated 20 July 2023. • The development proposed is the reinstatement of a dwellinghouse following demolition with alterations and extension, re-use of the existing vehicular access to The Serpentine South and construction of a garage with erection of boundary fencing and gates to the perimeter. Decision 1. The appeal is dismissed. Preliminary matters 2. The original house here has been demolished and the site cleared. The description of the proposed development set out above is taken from the application form. At an early stage in the application process the appellants agreed to a change in the description of the proposed development as requested by the Council.

Page 1 · Chunk 1 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision That revised description similarly refers to the “reinstatement of the dwellinghouse following demolition with alterations and extensions”. The appellants now indicate that these descriptions are not accurate, mainly in that they refer to the demolition, which is agreed already by a previous permission for a replacement house (Ref DC/2022/01009) and is said to not be part of the current proposal. The Council raises no objection to the demolition in any case, so this matter is not crucial to my decision. 3. On a more salient point of clarification, this proposal is for a wholly new house of a completely different design to the previously existing house, so the references to “alterations and extension” are misleading. I have considered this appeal on the basis that it is for the construction of a new house and garage plus associated development following on from the complete demolition of the house. 4. A revised version of the National Planning Policy Framework (the Framework) was published on 19 December 2023, during consideration of the appeal. The https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/M4320/W/23/3328064 main parties have been given an opportunity to comment on these changes and have not raised any new points. Main Issue 5. The main issue is whether the proposal would preserve or enhance the character or appearance of the Blundellsands Park Conservation Area. Reasons 6. The Council’s Blundellsands Park Conservation Area Appraisal (CAA) advises that the conservation area is a planned housing area developed in the late 19th/early 20th Century with mainly large villas in spacious grounds. With its coastal location and railway connection, it provided wealthy businessmen with opportunities for fashionable seaside residences. Policy NH9 Heritage Assets of A Local Plan for Sefton (LP) refers to Blundellsands as one of the key elements contributing to the distinctive identity of Sefton, so that its safeguarding and enhancing is a strategic priority. 7. The CAA confirms that the predominating style here is Victorian Gothic although there are many variations and some houses lean more towards the Arts and Crafts movement or have Italianate features and more classical proportions.

Page 2 · Chunk 3 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision Newer, more modern developments, especially some blocks of flats, are said to be negative features that detract from the character of the area. 8. Glenthorne House was identified in the CAA as being a building that contributed to the character of the area. Photographs show that it was a substantial 2 to 3 storey house with elements of Victorian Gothic style. Its site is now cleared, forming a relatively level and open area in the middle of the plot, well below the level of The Serpentine South. The site is fringed by trees and to the rear is a partially closed off section of road (Park Drive) mainly used by pedestrians. It is easily visible from both streets. The site’s heritage significance stems mainly from its role as one of the original plots and is prominent corner location. Given the importance of this position, a new house here would have a significant impact on local character and appearance. 9. The proposal is to build a new 2½ to 3½ storey house of a more classical form and style, in contrast to the previously existing house.

Page 2 · Chunk 4 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision The new house would have a box-like form, regular rows of tall windows, a low pitched Mansard type roof structure with short chimneys set back behind parapet walls and a columned portico and central pedimented projecting gable at the front, facing The Serpentine South. To the rear, facing Park Drive, the design would include extensive glazing at lower ground floor and upper ground floor levels. A single storey detached garage would be built near to one edge of the site and fencing would be added around the perimeter. 10. The height and bulk of the proposed house would be substantial, in line with the historical villa style development and the spacious plot. The buildings would fit comfortably onto the site without the need to remove any significant trees or detract from the spaciousness of the plot. 11. The Council expresses some concern that the proposed house may not be tall enough for this position. I find that its height is appropriately proportional to its design. This does, however, bring up an area of ambiguity about the proposal. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/M4320/W/23/3328064 Although, the area of the site where the house would be built is relatively level, the plans show a split level design fitting onto a steeply sloping site. The only indication of proposed floor levels is a note on the plans saying that the south elevation would “be of similar level as the existing demolished house”. No information has been provided to clarify that level or the proposed ground levels around the building. Without that information it is difficult to fully assess the actual impact of the building’s height, as seen from surrounding streets. 12. The CAA describes some buildings in the area as having a Suburban Italianate style, with features such as stuccoed quoins, double bracketed eaves, tri-partite windows and classically inspired columns. The appellants argue that the proposal leans towards this style, while sitting comfortably within the overall Gothic style. Aside from the columns and the quoins, however, I see little reflection of the Italianate style in the proposal.

Page 3 · Chunk 6 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision The main example of such design referenced in the conservation area is at St Mary’s College, the elevations of which are dominated by tri-partite windows and which has bracketed eaves and more traditional shallow pitched roofs - rather than the single width windows, parapet walls and Mansard style roofs of the appeal proposal. I see little reflection of the Gothic style in the proposal, which appears to be of more straightforward classical architecture. The proposed design would therefore appear to be fairly unique within the conservation area. 13. The wide spacing and the individual designs of the existing villas do allow for some flexibility of approach here. The proposal, however, seems to over-stretch this by seeking to establish an unprecedented architectural approach on a key site. 14. I also agree with the CAA that the quality of materials and detailing of new buildings is important if new buildings are not to become negative factors in the conservation area. I am left unconvinced that the proposed new house would include the quality of detailing required for such a substantial addition.

Page 3 · Chunk 7 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision The CAA, for example, laments the introduction of upvc windows with thicker frame sections and in many cases the removal of glazing bars. The appeal proposal is for upvc windows, with glazing bars on some windows and plain glazing on others, including in prominent situations on the eastern and western elevations. Other vague aspects of the proposal such as materials, finishes and levels could potentially be clarified by the use of conditions, but the absence of the clarity appropriate to a conservation area site of heritage importance does add to my concerns. 15. Taking all of this into consideration, I find that the proposal would harm the character and appearance of the conservation area. It conflicts with LP policies NH9, NH10, NH12 and NH15, the CAA and the Framework, which seek to protect the significance of heritage assets and secure high quality design in conservation areas. 16. This harm to the significance of a heritage asset would, in the terms of paragraph 205 of the Framework, be less than substantial. Such harm must, in line with Framework paragraph 208, be weighed against the public benefits of the proposal.

Page 3 · Chunk 8 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision In this case, the proposal would make use of this sustainably located site to help boost the supply of housing, in line with local and Framework objectives. In view of this proposal being for a single house, and due to the existence of an alternative permission for a house here, I attach moderate weight to these important but modest public benefits. https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 9 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision In this case, the proposal would make use of this sustainably located site to help boost the supply of housing, in line with local and Framework objectives. In view of this proposal being for a single house, and due to the existence of an alternative permission for a house here, I attach moderate weight to these important but modest public benefits. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 Appeal Decision

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/M4320/W/23/3328064 17. The Council has drawn my attention to another appeal decision relating to development in the conservation area1, which was for a much different scheme of domestic extensions. I note that Inspector’s conclusions but assess this case on its own merits. Conclusion 18. As set out in paragraph 205 of the Framework great weight must be attributed to any harm to a heritage asset, even where this harm is less than substantial. This aligns with the duty under Section 72 of the Planning (Listed Building and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Taking all matters into account, I find no public benefits which would outweigh the significant harm that would be caused to the character and appearance of the conservation area. 19. For the reasons set out above, and having regard to all other matters raised, I conclude that the appeal should not succeed.

Page 4 · Chunk 11 Les Greenwood

56 The Serpentine South, Liverpool, L23 6TB — Sefton Metropolitan Borough Council — Les Greenwood INSPECTOR 1 APP/M4320/W/22/3307412 https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Character and appearance
Against appellant
¶10

The proposed house would be substantially taller and bulkier than the previously existing house, and its design would not fit with the historical villa style development in the area.

Character and appearance
Against appellant
¶12

The proposed design does not reflect the Victorian Gothic style, which is prevalent in the area, but rather appears to be a unique and straightforward classical architecture.

Character and appearance
Against appellant
¶14

The proposed house may not include the quality of detailing required for a conservation area site of heritage importance, such as the use of upvc windows and the removal of glazing bars.

Planning obligations
For appellant
¶16

The proposal would make use of a sustainably located site to help boost the supply of housing, in line with local and Framework objectives.

Policies relied on

Reference Weight
LP policies NH9, NH10, NH12 and NH15
Substantial

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 15 February 2024 under the Open Government Licence.