Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF
Cheshire West and Chester — appeal allowed
- Outcome
- Allowed
- Decision date
- 29 April 2024
- Authority
- Cheshire West and Chester
- Inspector
- Ellison H
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Other
- Development type
- Minor Dwellings
- Appellant
- Ms A Davey
- LPA reference
- 22/03990/DIS
- ONS LPA code
- E06000050
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 6 December 2023
Summary AI
The appeal was allowed as the inspector determined that the materials submitted met the requirements of condition 3 and did not harm the character and appearance of the area.
PDF text
Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF — Cheshire West and Chester — Appeal Decision Site visit made on 18 April 2024 by Hannah Ellison BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 29th April 2024 Appeal Ref: APP/A0665/W/23/3329732 5 Hallwood Drive, Willaston, Cheshire West and Chester, Neston CH66 8PA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to approve details required by a condition of a planning permission. • The appeal is made by Ms A Davey against the decision of Cheshire West and Chester Council. • The application Ref 22/03990/DIS, refused by notice dated 28 June 2023, sought approval of details pursuant to condition Nos 3, 6, 8, 9, 10 and 12 of planning permission Ref 20/02749/FUL, granted on 17 February 2021. • The development permitted is the conversion and extension to existing barn to form one dwelling. • The details for which approval is sought are: 3) External materials 6) Hard and soft landscaping 8) Cycle parking 9) Bird nesting and bat roosts 10) External lighting 12) Electric vehicle charging provision. Decision 1. The appeal is allowed and condition 3 attached to planning permission Ref 20/02749/FUL is discharged. Preliminary Matters 2.
Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF — Cheshire West and Chester — Appeal Decision For the avoidance of doubt the site address above is taken from the planning application form. 3. At the time of my site visit the barn conversion was largely complete as was the installation of the materials subject to this appeal. I have proceeded accordingly. Background and Main Issue 4. This appeal follows the partial refusal by the Council to approve details required by conditions attached to a planning permission. The decision notice1 confirms that the details submitted in respect of condition Nos 8, 9 and 10 were acceptable and that condition 12 was not required to be discharged. The Council did however conclude that the details submitted in respect of the materials (condition 3) and entrance gates (required as part of condition 6) were unacceptable. 1 Council ref 22/03990/DIS https://www.gov.uk/planning-inspectorate
Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/23/3329732 5. The appellant has confirmed that condition 6 does not form part of this appeal as it is intended that additional details regarding the entrance gates will be submitted through a new application in due course to the Council. 6. Consequently, the main issue in this case is the effect of the details submitted pursuant to condition 3 on the character and appearance of the area. Reasons 7. This appeal concerns two former barns which have been converted to residential accommodation and linked with a single storey extension. The appeal property is located in the countryside within a wider equestrian development that comprises a collection of dwellings, barns, buildings and stable blocks. 8. The installed window frames are of a heritage range, they have a woodgrain effect and a relatively flush profile. Their appearance assimilates well with the elevational cladding which also has a discernible woodgrain finish. The gutters and facias reflect the style of the installed materials such that they are visually integrated into the building. The composite doors are finished in a grey colour. 9.
Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF — Cheshire West and Chester — Appeal Decision Whilst I acknowledge that the appeal site is surrounded by countryside and open pasture, the appeal property is also set within a development comprising buildings of varying character and quality. There is a strong presence of uPVC and other modern materials on the adjacent farm buildings and residential properties. The aforementioned materials are not therefore alien in this setting. 10. Furthermore, whilst the appeal building has a rural character, it is not of significant heritage or traditional value by virtue of previous alterations and its wider setting. The installed materials may be modern however they integrate well with and complement the traditional brick and slate of the former redundant building, such that the original building remains legible. They are sympathetic and do not detract from the character of the original building or its setting in this instance. 11. Accordingly, the details submitted meet the requirements of condition 3 and do not result in harm to the character and appearance of the area.
Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF — Cheshire West and Chester — Appeal Decision As such, there is no conflict with Policies STRAT9 and ENV6 of the Cheshire West & Chester Council Local Plan (Part one) Strategic Policies and Policies DM3 and DM22 of the Cheshire West & Chester Council Local Plan (Part Two) Land Allocations and Detailed Policies. Together these policies seek to ensure that development has a high standard of design which respects the character of existing buildings and the wider countryside. Conclusion 12. The appeal is allowed insofar as it relates to condition 3.
Bushy Tail Barn, Foxes Farm Badgers Rake Lane, Ledsham, Ellesmere Port, CH66 8PF — Cheshire West and Chester — H Ellison INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance For appellant ¶11
The materials integrated well with the traditional building and its setting, and did not detract from the character of the original building or its setting.
Policies relied on
| Reference | Weight |
|---|---|
| STRAT9, ENV6, DM3, DM22 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 29 April 2024 under the Open Government Licence.