1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS
Wiltshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 29 February 2024
- Authority
- Wiltshire Council
- Inspector
- Marigold O
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor retail and services
- Appellant
- B Shawani
- LPA reference
- PL/2023/05160
- ONS LPA code
- E06000054
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 19 December 2023
Summary AI
The appeal was dismissed due to the proposed canopy and shutters harming the character and appearance of the conservation area and the settings of the listed buildings.
PDF text
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — Appeal Decision Site visit made on 20 February 2024 by O Marigold BSc DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 29 February 2024 Appeal Ref: APP/Y3940/W/23/3330602 1A Wicker Hill, Trowbridge, Wiltshire BA14 8JS • 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 B Shawani against the decision of Wiltshire Council. • The application Ref PL/2023/05160, dated 27 June 2023, was refused by notice dated 21 August 2023. • The development is described as ‘retention of shop canopy and shutters, including proposed artwork on shutters (updated submission following PL/2022/07086)’. Decision 1. The appeal is dismissed. Preliminary Matters 2. The shop canopy and shutters are already in place. However, the application seeks to include new artwork on the shutters. These were open when I visited but I have seen photographic evidence of the shutters when closed. The information before me suggests that the proposed artwork has not yet been applied. I have therefore treated the application and appeal as being for a proposal. 3.
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — Appeal Decision Since the appeal was submitted, a revised National Planning Policy Framework (the Framework) has been published. The parties have had the opportunity to comment on this change and I have reached my decision using the most up-to- date version of the Framework. Main Issue 4. The appeal site lies within the Trowbridge Conservation Area (CA) and adjacent to the Town Bridge and the Former Lock Up, both Grade II listed buildings. The main issue is the effect of the proposal on the character and appearance of the area, including on the CA and on the settings of the listed buildings. Reasons 5. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that I have special regard to the desirability of preserving the listed buildings and their settings, or any features of special architectural or historic interest. Section 72 of the same Act requires that I pay special attention to the desirability of preserving or enhancing the character or appearance of the CA. 6. The Town Bridge is a three-arched stone bridge over the River Biss, and dates from 1777. The Former Lock Up was used as such until the erection of the first https://www.gov.uk/planning-inspectorate
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/23/3330602 Police Station in the town. It is a single storey square stone block, with dome and finial, and dates from around 1757. In the context of this appeal, the significance of the listed buildings is their age and attractive historic appearance. 7. The CA encompasses prestigious commercial and civic buildings, some Georgian, reflecting the historic role of the town centre. Buildings within the CA are predominantly of stone, with some brick. Relevant to this appeal, the significance of the CA is the age and the attractive architectural appearance of its buildings and street scenes. However, the appeal site is an exception, forming part of a post-war building, that has a ground floor modern shopfront, a largely blank façade above, and a squat, flat-roofed profile. As such, the appeal building makes a negative contribution to the CA and to the setting of the listed buildings. 8. The proposal seeks retrospective approval of the canopy and shutters, which form an enclosed structure attached to and protruding from the shopfront. During trading hours, it provides a partially covered area for the sale of goods and produce, providing some interest and dynamism to the street. 9.
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — Appeal Decision Nevertheless, the canopy and its structure have a stark, quasi-industrial design that is alien to its largely attractive surroundings, including the CA and the setting of the listed buildings. In addition, the galvanised steel finish of the proposal contrasts sharply with the more traditional external materials used in nearby buildings. The harmful visual effects of the structure are even greater when the shutters are closed, for example at night, because of the solid, dead frontage that they create. 10. The proposal seeks to mitigate these effects by applying artwork to the shutters, in the form of murals undertaken by a local artist of historic parts of Trowbridge (including the Town Bridge and Former Lock Up). I do not doubt that the artwork would provide a degree of visual interest to the appearance of the shutters when closed. 11. Nevertheless, I am concerned that its appearance would become degraded and tatty over time. This would be caused by the regular opening and closing of the shutters, as well as from weathering, aging and vandalism, and would cause further visual harm. In any case, the artwork would not change the fundamentally utilitarian shape and design of the structure.
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — Appeal Decision The artwork would not therefore overcome the harm that would be caused by the retention of the structure. 12. For these reasons, the proposal would detract from the positive, attractive elements of its surroundings and would make the negative appearance of the host building even worse. Accordingly, I conclude that the proposal would harm the character and appearance of the CA as a whole, and the settings of the Town Bridge and the Former Lock Up, thus failing to preserve them. 13. For these reasons, the proposal would conflict with policies CP57 and CP58 of the Wiltshire Core Strategy, adopted January 2015, which amongst other things require the conservation of the historic environment and a high standard of design, as does the Framework. Bearing in mind the statutory requirements already referred to, and Framework Paragraph 205, I give great weight to this harm. https://www.gov.uk/planning-inspectorate 2
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/23/3330602 Planning Balance and Conclusion 14. In the language of the Framework, the harm to the heritage assets would be less than substantial. Weighed against this, the additional space created has economic benefits to the business and its employees in providing additional space to sell goods to a diverse population. It also protects produce for sale and avoids the need to clear away the area at night. 15. However, these are essentially private, commercial advantages, with limited public benefits. In any case, the rest of the shop unit, with its large front windows, would still be available for retail use. As such, I give the benefits of the proposal only moderate weight. They would not therefore outweigh the less than substantial harm to the character and appearance of the CA, or the settings of the Town Bridge and the Former Lock Up. 16. For the reasons given, there would be conflict with the Development Plan, read as a whole. No material considerations have been shown to have sufficient weight to warrant a decision other than in accordance with it. I therefore conclude that the appeal should be dismissed.
1A Wicker Hill, Trowbridge, Wiltshire , BA14 8JS — Wiltshire Council — O Marigold INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶10
The inspector was concerned that the artwork would become degraded and tatty over time, causing further visual harm.
Heritage impact Against appellant ¶12
The proposal would harm the character and appearance of the conservation area and the settings of the listed buildings.
Policies relied on
| Reference | Weight |
|---|---|
| CP57 and CP58 of the Wiltshire Core Strategy |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 29 February 2024 under the Open Government Licence.