Case 3337092

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA

Herefordshire Council — appeal dismissed

Outcome
Dismissed
Decision date
17 June 2024
Authority
Herefordshire Council
Inspector
Han U
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor retail and services
Appellant
Tupsley POS Limited
LPA reference
233083
ONS LPA code
E06000019
Jurisdiction
Transferred
Link status
Not Linked
Start date
9 April 2024

Summary AI

The appeal was dismissed due to the proposed development's impact on the character and appearance of the property and surrounding area, which conflicts with local and national planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — Appeal Decision Site visit made on 28 May 2024 by U P Han BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 17th June 2024 Appeal Ref: APP/W1850/W/24/3337092 Post Office, 99-101 Old Eign Hill, Hereford HR1 1UA • 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 Shanmugasuntharam Kathirgamuttiah of Tupsley POS Limited against the decision of Herefordshire Council. • The application Ref is 233083. • The development proposed is erection of a flat roofed single storey extension. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the property and the surrounding area. Reasons 3. The appeal site is a two storey link detached property with a convenience store and post office on the ground floor and residential above.

Page 1 · Chunk 1 Appeal Decision

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — Appeal Decision While the surrounding area is predominantly residential, the appeal site is located within a small parade of two other commercial premises, one being a beauty salon next to the appeal site, and the other a hairdresser which is separated by an access road leading to a garage area to the rear of the site. The appeal site and beauty salon have a large paved forecourt and there is a narrow pavement and small parking area on Old Eign Hill in front of the properties. 4. The style of properties in the surrounding area is varied but there is a clear building line on the north side of Old Eign Hill with properties set back consistently from the road, including the three commercial properties. The front extension would span the full width of the appeal property and occupy almost its entire forecourt. It would project well beyond the established building line and be near to the pavement. The extension by virtue of its size and position would visually dominate the host property and appear as an incongruous feature in the street scene. 5. The appellant considers that an alternative roof form to that proposed would be far more conspicuous in the street.

Page 1 · Chunk 2 Appeal Decision

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — Appeal Decision That might be the case, nevertheless, the proposal's expansive scale and encroachment into the forecourt area would be highly prominent in the street, particularly in the context of the open frontages that line Old Eign Hill. 6. For these reasons, I conclude that the development would unacceptably harm https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — Appeal Decision That might be the case, nevertheless, the proposal's expansive scale and encroachment into the forecourt area would be highly prominent in the street, particularly in the context of the open frontages that line Old Eign Hill. 6. For these reasons, I conclude that the development would unacceptably harm https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/24/3337092 the character and appearance of property and surrounding area. It would therefore be contrary to Policies LD1 and SD1 of the Herefordshire Local Plan Core Strategy which seek to ensure, amongst other things, that the design of development is influenced by the character of the area and respects the scale, height, proportions and massing of surrounding development. It would also be at odds with the National Planning Policy Framework (the Framework) which promotes good design. Other Matters 7. The appellant has sought to justify the front extension on the grounds that a rear extension would not be possible because of the restricted space to the rear of the appeal site. However, issues relating to land ownership have no material bearing on my assessment of the planning issues in this appeal. 8. While I note that the Framework requires policies and decisions to help create the conditions in which businesses can invest, expand and adapt, it also requires development to be well designed, visually attractive and sympathetic to local character. Conclusion 9.

Page 2 · Chunk 5 Appeal Decision

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — Appeal Decision The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. 10. For the reasons given above the appeal should be dismissed.

Page 2 · Chunk 6 U P Han

Post Office, 99-101 Old Eign Hill, HEREFORD, HR1 1UA — Herefordshire Council — U P Han INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Character and appearance
Against appellant
¶4

The front extension would visually dominate the host property and appear as an incongruous feature in the street scene, projecting well beyond the established building line and being near to the pavement.

Character and appearance
Against appellant
¶5

While an alternative roof form might be more conspicuous, the proposal's expansive scale and encroachment into the forecourt area would still be highly prominent in the street.

Policies relied on

Reference Weight
LD1 and SD1 of the Herefordshire Local Plan Core Strategy
Determinative
National Planning Policy Framework
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 17 June 2024 under the Open Government Licence.