Case 3331701

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ

Cotswold District Council — appeal dismissed

Outcome
Dismissed
Decision date
17 October 2024
Authority
Cotswold District Council
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Nic Hayward
LPA reference
23/01371/FUL
ONS LPA code
E07000079
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 March 2024

Summary AI

The appeal to change the use of a barn and build a single-storey extension has been dismissed due to concerns about the impact on the host property and the nearby listed building. The proposed development would significantly alter the appearance of the barn and its setting, causing harm to a non-designated heritage asset and the nearby listed building. The inspector also considered the effect on protected species, specifically the Lesser Horseshoe bats, and found that the proposed mitigation measures would not be adequate to remove or reduce the negative effects of the proposal.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision Site visit made on 19 September 2024 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17 October 2024 Appeal Ref: APP/F1610/W/23/3331701 Naunton Inn Barn, Aylworth Road, Naunton, Gloucestershire GL54 3AJ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr and Mrs N Hayward against the decision of Cotswold District Council. • The application Ref is 23/01371/FUL. • The development proposed is change of use of barn with single storey extension. Decision 1. The appeal is dismissed. Preliminary Matter 2. I have been made aware of the planning history for the site which includes planning permission for the change of use of the barn to a dwelling approved under application Ref 19/03261/FUL. There is some debate as to whether this permission has been implemented and therefore is extant. Whilst I have had regard to this application my determination is focused upon the merits of the development proposals before me. Main Issues 3.

Page 1 · Chunk 1 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision The main issues are: • Whether the development would be consistent with local and national policies relating to the location of new housing; • The effect of the proposed development upon the host property as a non- designated heritage asset and the character and appearance of the area; • The effect of the proposal upon the setting of a nearby listed building; and • The effect upon protected species. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/23/3331701

Page 1 · Chunk 2 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision The main issues are: • Whether the development would be consistent with local and national policies relating to the location of new housing; • The effect of the proposed development upon the host property as a non- designated heritage asset and the character and appearance of the area; • The effect of the proposal upon the setting of a nearby listed building; and • The effect upon protected species. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/23/3331701

Page 2 · Chunk 3 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision Reasons Location of site 4. The appeal site is formed of a disused barn in a state of some disrepair located within an undulating agrarian landscape. Policy DS4 of the Cotswold District Local Plan (2018) (LP) does not permit market housing outside Principal and Non-Principal Settlements in open countryside unless specifically permitted by other LP Policies. 5. One such policy is LP Policy EC6 and which relates to the conversion of rural buildings and sets out a number of criteria for assessing the suitability for the use and re-use of rural buildings. The policy makes clear at criterion a. that the building should be structurally sound, suitable for and capable of conversion to the proposed use without substantial alteration, extension or rebuilding. 6. The policy does not define what constitutes a substantial extension or rebuilding therefore it is a matter of planning judgement for the decision maker. The barn has a simple linear form with minimal openings. The appellant’s structural survey indicates that the barn would require minimal structural alterations to bring the building into use. 7.

Page 2 · Chunk 4 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision That said, the proposal is reliant on a single storey extension that would span almost the entire western elevation of the barn and that would almost double its size. Taking into account the size of the proposed extension the alterations, in my judgement, would be substantial. It would be tantamount to a new dwelling in the countryside and going beyond what one could reasonably call a conversion. As such, the proposal would be contrary to LP Policies DS4 and EC6 in relation to the re-use of rural buildings and the location of new housing. Effect on the host property and the character and appearance of the area 8. The host barn is single storey, modest in size with minimal openings. It is constructed from Cotswold stone with ashlar quoins with a slate roof with stone tabling at the gable ends. It is located within the north-east corner of an agricultural field on the junction of the B4068 and Aylworth Road. The barn dates back to the nineteenth century and despite its poor condition its simple linear and functional agrarian form and appearance is clearly evident. On this basis the Council consider the barn to be a non-designated heritage asset.

Page 2 · Chunk 5 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision Based on the available information, its traditional rural appearance and historical association with the surrounding landscape I have no reason to reach a different conclusion. 9. The National Planning Policy Framework (the Framework) states that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. 10. The proposed extension would almost double the size of the existing barn. Its dimensions would result in a disproportionate and incongruous addition that would obscure almost the entire western elevation dominating the host https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/23/3331701

Page 3 · Chunk 6 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision building and fundamentally and unacceptably altering its shape and unbalancing its form. The mono pitch roof terminating part way up the roof slope and the floor to ceiling glazing would result in an awkward and visually confused design. Overall, the proposal would adversely affect the simple agrarian form and appearance of the barn undermining its character and appearance and its historical and architectural significance as a non- designated heritage asset. 11. The resultant adverse effect would be significant visible in views from neighbouring roads and the surrounding landscape harming the character and appearance of the area. Whilst the extension would be constructed from local materials, this would not overcome the harm that I have identified. 12. I note the appellant’s comments in relation to the grant of planning permission for a domestic extension to a non-designated heritage asset. However, based on the limited information before me there is nothing substantive to suggest that it is comparable to the appeal scheme before me. In any event every appeal must be considered on its own merits. The granting of other permissions in the area does not justify the harm that I have identified. 13.

Page 3 · Chunk 7 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision As such, the proposed development would adversely affect the character and appearance of the host property, as a non-designated heritage asset, and the area contrary to paragraph D.67 of the Cotswold Design Code and LP Policies EN2, EN4, EN12 and EN13 which, amongst other things, seek high quality design that respects the character and distinctive appearance of the locality. Developments not to have a significant detrimental impact on the natural and historic landscape, visual quality and local distinctiveness and that enhance the character of non-designated heritage assets. Setting of a nearby listed building 14. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, requires the decision maker, in considering whether to grant planning permission for development which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest. 15. Positioned across the road from the barn is Grade II listed Church Farmhouse which forms part of a complex of farm buildings.

Page 3 · Chunk 8 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision The farmhouse dates back to the late eighteenth or early nineteenth century constructed from coursed and squared rubble with a Cotswold stone roof. The building, in part, derives its significance from its architecture and its historical association with the surrounding agrarian landscape. 16. The extent of the setting of a heritage asset is not fixed and may change and be experienced differently as the asset and its surroundings evolve. It is apparent that the barn and the listed building formerly had a functional relationship and whilst this appears to have ceased there is still a spatial and visual connection between the two buildings. As set out above the proposed development would unacceptably erode the barn’s traditional and modest rural appearance and thereby diminishing the contribution it makes to surrounding agrarian landscape and setting of the farmhouse. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/23/3331701

Page 4 · Chunk 9 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision 17. In accordance with Paragraph 208 of the Framework, it is for the decision maker, having identified harm to designated assets, to consider the scale of that harm. In this case I conclude that the proposal would lead to less than substantial harm to the setting of the nearby listed building. This harm should be weighed against the public benefits of the proposal, including, where appropriate, securing its optimum viable use, which I now turn to. 18. In this regard, the proposal would bring the building back into use and contribute to local housing supply and employment with the construction of the development. Future occupiers would help to maintain or enhance the vitality of services and facilities in Naunton and nearby villages. Although these benefits would be moderate. Taking into consideration the points above I find that the harm to the setting of Church Farmhouse would clearly outweigh the public benefits of the proposal and afford this considerable weight. 19. As such, in my judgement, the proposed development would fail to preserve the setting of Grade II listed Church Farmhouse, causing less than substantial harm to its significance.

Page 4 · Chunk 10 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision The public benefits would not outweigh this harm and therefore the proposal would be contrary to LP Policies EN1 and EN10 which, amongst other things, seek the protection, conservation and enhancement of the historic environment and landscape and for proposals to sustain and enhance the character, appearance and significance of designated heritage assets and their settings. Effect on protected species 20. Bats are protected species under the Conservation of Habitat and Species Regulations 2017. The appellant’s updated Bat Survey Report confirms the presence of Lesser Horseshoe bats emerging from the barn, observed during the initial dusk emergence survey. On this basis the appellant’s Ecologist considers that it is an old day roost used occasionally. The proposed development would result in the loss of the roost and thereby potentially harming or disturbing protected species. 21. The appellant is proposing mitigation in the form of a bat loft that could be secured under Natural England’s (NE) Bat Mitigation Class Licence (BCML) scheme.

Page 4 · Chunk 11 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision Based on the limited information before me and adopting a precautionary approach I am not satisfied that the mitigation measures outlined by the appellant would be adequate to remove or reduce the negative effects of the proposal. Furthermore, there is no mechanism to ensure that the mitigation measures are maintained in the long term. 22. One of the tests applied by NE when considering whether to grant a license is whether the development is necessary in the public interest. I acknowledge that the proposal would make a very modest contribution to the supply of housing. However, having regard to my conclusions in respect of the adverse effects of the proposal upon the host building as a non- designated heritage asset, the character and appearance of the area and the setting of a nearby listed building there would not be an overriding public benefit from the proposal. 23. As such, I consider it unlikely in principle that an BCML would be granted. In the absence of a licence, the high impact of the loss of the bat roost would https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/23/3331701

Page 5 · Chunk 12 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision not be adequately mitigated. Consequently, the proposal would not accord with LP Policy EN8 which, amongst other things, seeks to avoid adverse impacts on protected species. Other Matters 24. The appellant cites a need for housing in the Cotswolds, drawing my attention to a report by the ‘Centre for Cities. Whilst the proposal would contribute to local housing supply as the local planning authority is meeting its responsibilities in terms of overall housing supply I afford this matter very limited weight in coming to my decision. 25. I note the appellant’s desire to provide a dwelling that would accord with the Nationally described space standards and capable of being occupied by a small family, however, this is not justification for a development that I have found to be harmful. 26. I note the appellant is a long-standing local resident and that the proposed development would be for the appellant’s child. Whilst I have given these matters consideration, I have not been presented with any specific need for the proposal beyond a desire to live close to one another.

Page 5 · Chunk 13 Appeal Decision

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — Appeal Decision In any event I am mindful of the advice contained in the Planning Practice Guidance that in general planning is concerned with land use in the public interest. It is also probable that the proposed development would remain long after the current personal circumstances cease to be material. For these reasons, I find that these factors are not sufficient to outweigh the harm that I have identified. Conclusion 27. For the reasons set out above the appeal does not succeed.

Page 5 · Chunk 14 B Thandi

Naunton Inn Barn, Land west of Church Farm House, Naunton, Glos, GL54 3AJ — Cotswold District Council — B Thandi INSPECTOR https://www.gov.uk/planning-inspectorate - Appeal Decision APP/F1610/W/23/3331701

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

Main issues and findings

Heritage impact
Against appellant
¶8-12

The proposed extension would significantly alter the host property's appearance, undermining its character and appearance as a non-designated heritage asset. The inspector found that the proposed development would result in a disproportionate and incongruous addition that would obscure almost the entire western elevation dominating the host building and fundamentally and unacceptably altering its shape and unbalancing its form.

Heritage impact
Against appellant
¶13-14

The proposed development would fail to preserve the setting of Grade II listed Church Farmhouse, causing less than substantial harm to its significance. The inspector found that the harm to the setting of Church Farmhouse would clearly outweigh the public benefits of the proposal and afford this considerable weight.

Ecology and biodiversity
Against appellant
¶20-22

The proposed development would result in the loss of a Lesser Horseshoe bat roost, potentially harming or disturbing protected species. The inspector found that the proposed mitigation measures would not be adequate to remove or reduce the negative effects of the proposal, and that the high impact of the loss of the bat roost would not be adequately mitigated.

Policies relied on

Reference Weight
LP Policy DS4
Determinative
LP Policy EC6
Determinative
LP Policy EN1
Determinative
LP Policy EN10
Determinative
LP Policy EN2
Substantial
LP Policy EN4
Substantial
LP Policy EN8
Determinative
LP Policy EN12
Substantial
LP Policy EN13
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 17 October 2024 under the Open Government Licence.