Case 3345060

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA

Manchester City Council — appeal allowed

Outcome
Allowed
Decision date
6 January 2025
Authority
Manchester City Council
Inspector
Webb B
Procedure
Hearing
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Churchill Retirement Living Ltd
LPA reference
138765/FO/2023
ONS LPA code
E08000003
Jurisdiction
Transferred
Link status
Not Linked
Start date
20 August 2024

Summary AI

The appeal for a 37-unit retirement living development in West Didsbury was allowed, subject to conditions. The Inspector was satisfied that the development would comply with policies related to conservation areas and good design. The development would not have an unacceptable effect on the living conditions of occupants of a neighboring property in relation to privacy. Various conditions were imposed to secure the provision of landscaping, surface water drainage, and other details.

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

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Page 1 · Chunk 0 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Hearing held on 26 November 2024 Site visit made on 27 November 2024 by Benjamin Webb BA(Hons) MA MA MSc PGDip(UD) MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 6th January 2025 Appeal Ref: APP/B4215/W/24/3345060 Wren House, 108 Palatine Road, West Didsbury, Manchester M20 3ZA • 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 Churchill Retirement Living Ltd against the decision of Manchester City Council. • The application reference is 138765/FO/2023. • The development proposed is erection of 37 retirement living apartments (comprising 24 1-bed and 13 2-bed) including communal facilities, access, car parking and landscaping, and reconfigured car parking arrangement to Wren House. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision The appeal is allowed, and planning permission is granted for: 37 retirement living apartments (comprising 24 1-bed and 13 2-bed) including communal facilities, access, car parking and landscaping, and reconfigured car parking arrangement to Wren House, at Wren House, West Didsbury, Manchester M20 3ZA in accordance with the terms of the application, Ref 138765/FO/2023, subject to the conditions set out in the schedule at the end of this decision. Preliminary Matters 2. Following the Council’s refusal of the application the main parties discussed modifications to the scheme, and a set of revised plans were produced. These introduced minor changes to the design and were the subject of an informal public consultation exercise. The main parties are agreed that the appeal should be determined on the basis of the revised plans. Given the above I am satisfied that this would not prejudice the interests of any third party. 3. The Places for Everyone Joint Development Plan 2022 to 2039 (the JDP) was adopted by the Council after the application was refused and following the Hearing a revised version of the National Planning Policy Framework (the Framework) was issued. Each has informed my assessment below. Main Issues 4.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision The main issues are the effect of the development on: • the character and appearance of the area, including whether the development would preserve or enhance the character or appearance of Albert Park Conservation Area, and its effect on the setting of Blackburn Park Conservation Area; and • the living conditions of occupants of 114 Palatine Road in relation to privacy. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision The main issues are the effect of the development on: • the character and appearance of the area, including whether the development would preserve or enhance the character or appearance of Albert Park Conservation Area, and its effect on the setting of Blackburn Park Conservation Area; and • the living conditions of occupants of 114 Palatine Road in relation to privacy. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 Reasons Character and appearance 5. The site is located within Albert Park Conservation Area, the boundary of which runs along Lapwing Lane and Palatine Road. The opposite side of Palatine Road falls within Blackburn Park Conservation Area. With reference to Albert Park Conservation Area, statute sets out the desirability of preserving or enhancing character or appearance. Paragraph 212 of the Framework otherwise makes clear that great weight should be given to the conservation of designated heritage assets. This includes where development occurs within the setting of a designated heritage asset, as would be applicable in relation to Blackburn Park Conservation Area. 6. Insofar as it is relevant to this appeal the significance of both conservation areas resides in their predominantly C19th suburban development and planned layout, related to the historic growth of Manchester. This is predominantly characterised along both sides of Palatine Road by 3-4 storey detached and semi-detached villas featuring a range of pattern book designs, the quality of which varies.

Page 2 · Chunk 5 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision The character of Lapwing Lane is more mixed in date and building type, containing a range of terraces, parades, administrative buildings, and blocks of flats. 7. The site has a frontage on both Palatine Road and Lapwing Lane and is made up of land which originally formed the large garden of Summer Hill. The latter, now renamed Wren House, is an attractive C19th villa built prominently overlooking the junction of Palatine Road with Lapwing Lane. Wren House makes a strongly positive contribution to the significance of Albert Park Conservation Area, and, in view of the above can be considered as a non- designated heritage asset. 8. Given the atypically large size of the plot on which Wren House was built, as too the presence of open space on the opposite side of Palatine Road, it has always been viewed largely in isolation, and primarily in relation to the junction. Its relationship with other villas to the southwest is weak, and both it and the site stand at a point of transition within the character of the streetscene. When travelling northeast along Palatine Road this is signalled in the forward view by broad fronted buildings which stand on the opposite side of the junction.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision It is made more apparent upon turning into Lapwing Lane given the differences in character outlined above. A similar sense of transition is experienced when travelling in the opposite direction. 9. Within this context the historic relationship between Wren House and the site remains apparent only insofar as they remain to some extent commonly enclosed. It has otherwise been largely obscured by the past use of the site as a car park. The site indeed remains mostly hard surfaced but is now disused and dilapidated. Viewed from within both Lapwing Lane and Palatine Road the site consequently appears as an unattractive and incongruous gap which now detracts from the setting of Wren House, and the appearance of the broader streetscene. 10. The development would see construction of a 3-storey T-shaped building on the site, which would extend rearward from a broad frontage on Palatine Road across the depth of the plot. It would thus have a visual presence on both Palatine Road and Lapwing Lane. https://www.gov.uk/planning-inspectorate 2

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 11. Considered in relation to Palatine Road, the overall size of the building would generally exceed that of the C19th villas within the street. But though this would be true in relation to both the width of the frontage and the depth of the building, there is no overall consistency in either regard amongst C19th villas along Palatine Road. Further variation occurs in relation to later infill. Moreover, it is unlikely that the full depth of the building would be appreciable from Palatine Road given the T-shaped layout and plot dimensions. Insofar as most C19th villas within Palatine Road are themselves bulky, of greater height than the proposed building, and stand on much narrower plots, their perceived scale and presence within the streetscene is itself often strongly pronounced. For these reasons, and given the transitional character of the site location, the proposed building would appear neither unduly prominent nor dominant. 12. The linear character of the proposed building form would also find ample reference within the broader historic streetscene, both on the opposite side of the junction and along Lapwing Lane.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision In relation to the latter, neither the length of the elevation facing towards Lapwing Lane, nor the depth of the building as judged from this frontage would appear inconsistent with either historic or later development. In this regard a visual relationship would be formed with neighbouring Raleigh Court. 13. Depending upon location and direction of travel, Wren House would be viewed either alongside or against the proposed building, or both in sequence. The proposed building would clearly be of far greater overall size. However, this would not undermine the prominence of Wren House’s position at the junction, in relation to which it would remain a distinctive feature within the streetscene. Appreciation of both its significance and the positive contribution it makes to that of Albert Park Conservation Area would not be harmed. 14. The detailing of the proposed building would not be wholly consistent with that of most C19th development within Palatine Road and Lapwing Lane. This is generally characterised by strong vertical emphasis underpinned by greater overall height, with timber sash windows a key original detail.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision This is illustrated well by 116-134 Palatine Road towards the southwest of the site, which exhibit strong similarities in design. Stylistic variation does nonetheless occur even within the C19th building stock, and sash windows are not a universal feature. This is notably expressed by No 114 neighbouring the site, which, in combination with its atypically deep plot position, provides a break within the sequence of development along Palatine Road. This further accentuates the sense of transition noted above. 15. Whilst scope therefore again exists for variation, the composition of the proposed building would nonetheless appear somewhat mixed. This is given that whilst its design has sought to employ various C19th details, its greater horizontal emphasis would be more characteristic of later development. Had the design referenced a style more suited to the proportions of the building this might have provided a more coherent outcome. Be that as it may, the design proposed would compare favourably to that of much other modern infill, providing a marked qualitative improvement over neighbouring Raleigh Court.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Given the location of the plot within Palatine Road, the level of detailing on the street facing elevation would also be sufficient to provide a tie to the broader historic context without resulting in any sense of dilution, and without directly undermining any established sequence within the streetscene. Though the gables facing towards No 114 and Wren House would appear relatively plain, https://www.gov.uk/planning-inspectorate 3

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Given the location of the plot within Palatine Road, the level of detailing on the street facing elevation would also be sufficient to provide a tie to the broader historic context without resulting in any sense of dilution, and without directly undermining any established sequence within the streetscene. Though the gables facing towards No 114 and Wren House would appear relatively plain, https://www.gov.uk/planning-inspectorate 3

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 this would not be perceived as unusual viewed from within either Palatine Road or Lapwing Lane. This is given that side elevations are commonly far plainer than front elevations. The gables would be understood as such from wherever they were viewed given the T-shaped form of the building. 16. It is important to emphasise that my findings above are strongly informed by the appellant’s concession at the Hearing to employ locally distinctive building materials in construction of the proposed building. These would include natural stone sills, lintels and parapets, timber eaves detailing, cast metal rainwater goods, and a suitable natural slate. Combined with the use of Flemish or another visually interesting bond for the brickwork, all would help to significantly raise the physical and visual quality of the design, strengthening the broader integration of the development with the surrounding historic context. Having queried the possible cost implications within the context of overall viability, the appellant did not express concern. The above can therefore be secured by condition. 17.

Page 4 · Chunk 13 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision No clear agreement was reached in relation to window/door materials, and I share the Council’s concern that standard UPVC sealed units could undermine the quality of the design and its relationship to context. That is not to say however that a positive outcome in this case necessarily requires use of timber. Indeed, this or another material could potentially prove successful depending upon the quality of window and door design, fabrication, colour, and finish. Given that the proposed windows are not of the prevailing historic type or format, a contemporary approach in relation to finalised design and materials might help to further strengthen the identity and distinctiveness of the building design, without weakening that of the surrounding area. I am therefore satisfied that this is a matter that can be suitably resolved at a later stage. 18. Insofar as some other construction details require further specification, they too can be secured by condition. Here I proceed on the basis that the chimney stacks will be brick-built, and that the quoins will be formed from raised brickwork.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision This would provide overall consistency in construction, and more closely reflect the rich detailing of the adjacent old Town Hall than the somewhat bland detailing of Raleigh Court. 19. The development would not attain the level of aesthetic quality of the best C19th designs within the surrounding historic townscape. Nor has any other modern infill. Within this context, and given my findings above, I am satisfied that the pursuit of beauty as emphasised within the Framework has been suitably addressed. 20. The Council favours an extant permission for the construction of 9 dwellings on the site. This is particularly insofar as it would provide 2 detached dwellings in the gap between Wren House and No 114. Whilst the extant permission remains implementable, it would not represent an alternative given that it would provide an entirely different type of development. My findings above otherwise indicate that whatever the claimed merits of the extant permission, the appeal scheme would be acceptable. 21.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision For the reasons outlined above I conclude that the development would preserve the character and appearance of Albert Park Conservation Area and would conserve the significance and the ability to appreciate the significance of Blackburn Park Conservation Area. It would therefore comply with Policies JP- S1, JP-P1 and JP-P2 of the JDP which amongst other things all seek to secure https://www.gov.uk/planning-inspectorate 4

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision For the reasons outlined above I conclude that the development would preserve the character and appearance of Albert Park Conservation Area and would conserve the significance and the ability to appreciate the significance of Blackburn Park Conservation Area. It would therefore comply with Policies JP- S1, JP-P1 and JP-P2 of the JDP which amongst other things all seek to secure https://www.gov.uk/planning-inspectorate 4

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 development that conserves and enhances the historic environment, and in the case of Policies JP-S1 and JP-P1, highlight the importance of materials; Policy SP1 of the Manchester Core Strategy 2012-2027 (the Core Strategy) which requires development to protect and enhance the built environment; Policy DM1 of the Core Strategy which highlights a requirement to have regard to appropriate siting, layout, form, massing, materials and detail; Policy EN1 of the Core Strategy which states that opportunities for good design should be fully realised; and saved Policy DC18.1 of the Manchester Plan 1995 which seeks to preserve and enhance the character of conservation areas. Living conditions 22. As outlined above, the dwelling at No 114 neighbours the site, occupying a deep position within the plot immediately to the southwest. The plot features a large lawn to the front, which provides the principal outlook from the dwelling, with a smaller amenity space to the rear. A driveway with coach house at the end runs adjacent to the boundary with the appeal site.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision As neighbouring 116 Palatine Road is set much closer to the street frontage than No 114, windows within its side elevation directly overlook the front lawn. As residential buildings along Palatine Road typically occupy a similar position to No 116, it is common for windows within the side elevations to provide some mutual overlooking. A reasonably high level of intervisibility also exists between space to the rear of No 114 and the car park at the rear of No 116. 23. The boundary with the appeal site is in contrast planted either side with a well- established mix of deciduous and non-deciduous trees and shrubs, with holly frequent. Even during the winter this provides a very good level of overall screening to a significant height, the effectiveness of which no doubt improves seasonally. This screening has however been breached by a couple of small gaps located immediately alongside No 114. These allow views to No 114 from adjacent parts of the site. Though some attempt has been made to plug the gaps with young trees, the trees in question remain small, and as they are all deciduous, they are never likely to provide very effective year-round screening. 24.

Page 5 · Chunk 19 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision At the Hearing the Council confirmed that its concerns were limited to scope for future occupants of the development to overlook space surrounding No 114. The occupants of No 114 additionally expressed concern that it would be possible for future occupants of the development to see into their kitchen through the windows in side elevation. As No 114 has a raised ground floor, the windows in question are currently visible from within the site through the gaps in the boundary planting. It is unclear whether these views were also available when the site was in active use as a car park. 25. The development would provide 3 floors of accommodation facing towards the plot on which No 114 stands. Whilst the Council has no guidance which identifies a relevant separation distance, the gap would be of reasonable size and generally consistent with the size of gaps between buildings along Palatine Road. Whilst the majority of the windows would serve bedrooms, each of the flats would also feature a living room with a large window/Juliette balcony. All these windows would provide views out.

Page 5 · Chunk 20 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Though the number of flats and windows involved would far exceed those at No 116, given the planting along the boundary there would be far less scope to overlook No 114. 26. The potential for overlooking would chiefly relate to a relatively small number of windows immediately opposite the gaps in the planting. To the extent that https://www.gov.uk/planning-inspectorate 5

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Though the number of flats and windows involved would far exceed those at No 116, given the planting along the boundary there would be far less scope to overlook No 114. 26. The potential for overlooking would chiefly relate to a relatively small number of windows immediately opposite the gaps in the planting. To the extent that https://www.gov.uk/planning-inspectorate 5

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 views of the space surrounding No 114 would be possible, this would be limited to a small part of the driveway. Within the context of the wider plot this cannot be considered to represent a principal outdoor amenity space, and nor did I observe any evidence which suggested that it was used as such. In this regard overlooking of the space would not have any obviously unacceptable effect on the privacy of the occupants of No 114. 27. The potential to see into the kitchen itself would be limited when considering the internal layout of the room, the distance, the angle of views and reflective qualities of the glazing. As noted above, the potential for some mutual overlooking between windows either side of a plot boundary would not itself be unusual in context. 28. It remains the case that scope for overlooking could be effectively addressed through improved landscaping. The most straight forward solution in this case would be to re-plug the gaps in the boundary with planting of more suitable size and type. With careful specification it would indeed be possible to achieve instantaneous year-round screening, which, if planting was properly timed, could be in place prior to occupation.

Page 6 · Chunk 23 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision 29. I am mindful of the fact that planting is not a wholly reliable means of safeguarding privacy. In this case however most of the existing planting enjoys protection through the conservation area designation, as would any new planting once it reached a sufficient size. Though it is suggested that pressure might nonetheless arise to trim the boundary vegetation back to improve lighting, it seems more likely that future occupants of the development would value the pleasant outlook and privacy that it would provide. It would be unlikely to serve the interests of anyone to see the planting reduced. Within this context it is relevant to note that the landscaping within the site would continue to be managed by the appellant, thus providing greater certainty of its holistic long-term maintenance than might otherwise be the case. 30. A separate objection has been raised by occupants of Raleigh Close, also in relation to privacy. Some overlooking of the parking area within that development would be possible. However, given that it is already overlooked by dwellings within Raleigh Close, and as it is again not intended as an amenity space, there would be no unacceptable effect. 31.

Page 6 · Chunk 24 Appeal Decision

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision For the reasons outlined above I conclude that the development would not have an unacceptable effect on the living conditions of occupants of No 114 in relation to privacy. It would therefore again comply with Policy DM1 of the Core Strategy, which highlights a requirement to have regard to effects on amenity including privacy. Other Matters 32. Interested parties have raised a number of additional concerns not shared by the Council. These include insufficient provision of green open space and parking, pressure on local services, noise and pollution during construction, and loss of light. Insofar as most of the site is currently hard surfaced, the highways authority has not raised any objection to the scheme, no evidence has been provided which indicates that local services are incapable of supporting the development, construction impacts can be addressed by condition, and any potential loss of light for properties off-site would chiefly affect parking space, I find no reason to take a different view. https://www.gov.uk/planning-inspectorate 6

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 33. A Section 106 Agreement has been provided to secure the provision and use of contributions towards off-site affordable housing. This is in accordance with Policy H8 of the Core Strategy, with the scale of contribution itself confirmed by the appellant’s viability assessment. The obligations pass the tests set out in Regulation 122 of the CIL Regulations 2010 (as amended), and paragraph 58 of the Framework, and I have taken them into account accordingly. Conditions 34. A range of conditions have been proposed by the Council and were subject of discussion at the Hearing. I imposed conditions based on those discussions, with further refinement as necessary. 35. Conditions (1) and (2) set out the time period for commencement and identify the approved plans for sake of certainty. The wording of Condition (2) provides scope for any minor modification to the plans required in order to comply with other conditions, as detailed below. 36. Condition (3) secures a revised scheme of investigation of the site for contamination and any necessary remediation measures.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision This is required given some identified inadequacy in the previously submitted information, and in the interests of health and safety. A pre-commencement condition is required given that some risk may arise from the outset. 37. Condition (4) secures the provision of revised arboricultural evidence, which is chiefly required given that previously submitted information is incompatible with the revised plans. The condition is required to safeguard trees on site, and is necessarily pre-commencement given that protective measures will need to be implemented from the outset. 38. Condition (5) secures provision of a Construction Management Plan, the purpose of which is to safeguard neighbour amenity and highway safety. A pre- commencement condition is required as management measures will need to be implemented from the outset. 39. Condition (6) secures a scheme of surface water drainage and subsequent management in order to ensure proper drainage of the site. I have used a simplified wording for sake of clarity. 40. Condition (7) secures the submission of a revised set of clean elevation drawings, which are required for sake of certainty given obscuration of details on the submitted plans by inclusion of landscaping. 41.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Condition (8) secures further confirmation of building materials and design/construction details. This is in the interests of securing high quality design, and a satisfactorily relationship with the surrounding historic context. I have drawn upon the wording of a condition drafted by the main parties at the Hearing, which I have presented in a simplified format in the interests of precision. I have added reference to doors alongside windows given their omission was a presumed oversight. This is not least because some of the windows to which the condition was intended to relate could equally be considered as doors. Insofar as the condition references the geological provenance of slate, this is both in recognition of the variable quality of imported material, and the fact that it is possible to source material which is geologically similar to the Welsh slate typical within the locality. The https://www.gov.uk/planning-inspectorate 7

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/24/3345060 importance of this lies in appearance, as reflected in colour, finish, durability and weathering characteristics. 42. Condition (9) secures a scheme of hard and soft landscaping including boundary treatments. This is in the interests of providing a high quality of amenity, privacy, and a satisfactory relationship to the site’s setting. Though the Council suggested that landscaping should be implemented within 12 months of occupation, this could leave the development somewhat unfinished at that point. It would also not adequately address the need to improve screening along the boundary with No 114. I have therefore instead set out the requirement to agree a timetable, and within this context the need for boundary planting to occur at an early stage. There is no reason why gaps could not be planted in advance of construction works being completed, and this may well be more practical if large specimens were to be used. 43. Condition (10) secures further details of arrangements for waste management and servicing in the interests of safeguarding the amenity of future occupants. 44.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision Condition (11) secures provision of acoustic insulation in line with the recommendations of the noise impact assessment, again in the interests of safeguarding the amenity of future occupants. 45. Condition (12) secures provision of parking space in order to ensure that the development caters for the demand it will generate. 46. Condition (13) secures further details of lighting in order to safeguard neighbour amenity. 47. Condition (14) restricts occupancy to the age group for whom the development is designed, thus ensuring that it fulfils its intended specialised function. 48. There is no need for a condition restricting works to ‘retained trees’. Trees on site are subject of protection either by TPO or through their presence within a conservation area. Unless stated on the plans, or separately approved, no permission will exist for such works. 49. There is also no necessity for a condition covering electric car charging points, as their provision is covered by the Building Regulations, and their design is inevitably functional.

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Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Appeal Decision I have also not imposed a contested condition requiring Secured by Design accreditation as the cited policy does not contain such a requirement, and relevant security measures would be required under the Building Regulations. Conclusion 50. For the reasons set out above I conclude that the appeal should be allowed.

Page 8 · Chunk 31 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb INSPECTOR https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 32 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/B4215/W/24/3345060 Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Unless modified in compliance with the conditions below, the development hereby permitted shall be carried out in accordance with the following approved plans: PL02A; PL03A; PL04A; PL05A; PL06A; PL07A; PL08A. 3) Prior to the commencement of the development hereby permitted a revised assessment of the risks posed by contamination has been carried out in accordance with BS 10175: Investigation of potentially contaminated sites - Code of Practice, and Environment Agency‚ Land Contamination Risk Management (or equivalent British Standard and Model Procedures if replaced), has been submitted to and approved in writing by the Local Planning Authority.

Page 9 · Chunk 33 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb If any contamination is found, no development shall take place until: a) a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority; b) the site has been remediated in accordance with the approved measures and timescale; and c) a verification report has been submitted to and approved in writing by the local planning authority. If, notwithstanding the above, any contamination is subsequently found which was not previously identified, this shall be immediately reported to the Local Planning Authority. Development on the part of the site affected shall be suspended and a further risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These approved schemes shall be carried out before the development is resumed or continued.

Page 9 · Chunk 34 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb 4) Prior to the commencement of the development hereby permitted a revised Arboricultural Impact Assessment (AIA) with Tree Protection Plan (TPP) and accompanying Arboricultural Method Statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved AIA, TPP and AMS. 5) Prior to the commencement of the development hereby permitted, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning authority. This shall be fully compatible with the TPP, and shall cover: a) days/hours of work; b) dust suppression measures; c) compound locations/areas within the site for loading/unloading, storage of waste, the site office/welfare facilities; d) details of parking for site operatives and visitors; e) a delivery schedule, including timetabling, covering the expected number and type of vehicles likely to require access to the site during construction, together with evidence that this can be safely achieved; f) routes for construction traffic; g) a dilapidation survey of surrounding carriageway and footways; and https://www.gov.uk/planning-inspectorate 9

Page 10 · Chunk 35 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb Appeal Decision APP/B4215/W/24/3345060 h) an emergency contact telephone number. The development shall then be implemented in accordance with the approved CMP. 6) Prior to the commencement of construction of the development hereby permitted a detailed surface water drainage scheme for the site based on sustainable drainage principles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a maintenance and management plan, and shall set out arrangements for adoption by any public body/statutory undertaker, or any other arrangements made to secure the operation of the scheme for the lifetime of the development. The scheme shall then be implemented, and shall thereafter be managed and maintained, as approved. 7) Prior to the commencement of construction of the development hereby permitted a revised set of clean elevation drawings shall be submitted to and approved by the Local Planning Authority. The revision shall be limited to the omission of landscaping where this obstructs details on the submitted plans. The development shall then proceed in accordance with the approved plans as revised.

Page 10 · Chunk 36 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb 8) Notwithstanding the approved plans, prior to works proceeding above slab level a schedule of building materials and further design and construction details to be used for the external elevations of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. This schedule shall cover: a) slate type, including geological provenance and roofing design, which shall be further demonstrated by a 1m x 1m sample panel to be constructed on site; b) brick type, colour, bond and pointing, which shall be further demonstrated by a 1m x 1m sample panel to be constructed on site; c) windows and doors, including finishes, reveals and fitting; d) chimney stacks and quoins; e) fascias, finials, barge boards, purlins, and brackets, which shall employ timber for their construction; f) rainwater goods, which shall be manufactured from cast metal; and g) lintels, sills and parapets, which shall be manufactured from natural stone. The development shall than proceed in accordance with the approved schedule, in relation to which the sample panels shall be retained on site and kept available for inspection by the Local Planning Authority until the development is completed.

Page 10 · Chunk 37 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb 9) Within 3 months of the commencement of the development hereby permitted a comprehensive scheme of hard and soft landscaping, including boundary treatments and biodiversity enhancements, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a timetable for implementation, and this timetable shall identify the earliest possible point at which reinforcement of planting along the boundary with 114 Palatine Road with suitably sized non-deciduous tree/shrub species can take place. If at any time within a period of 5 years from the date of the planting of any tree or shrub, that tree or shrub is removed, uprooted, damaged, destroyed, dies, or becomes diseased, it shall be replaced with another tree or shrub of the same species and size in the next planting season. https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 38 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb Appeal Decision APP/B4215/W/24/3345060 10) Within 3 months of the commencement of the development hereby permitted a waste storage and servicing strategy shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented and thereafter managed in accordance with the approved strategy. 11) The development hereby permitted shall be acoustically insulated in accordance with the recommendations of the submitted Noise Impact Assessment Ref. 51-024-R1-2. 12) Prior to the first occupation of the development hereby permitted the car parking areas shown on the approved plans shall be provided and made available for use. The parking areas shall thereafter be retained and kept available for use at all times by occupants of and visitors to the development. 13) No external lighting shall be installed within the development hereby permitted until details have been submitted to and approved in writing by the Local Planning Authority. These details shall include the location, height and luminance of each fixture, and measures which will be taken to prevent light spill onto neighbouring properties and land. The lighting shall then be installed in accordance with the approved details.

Page 11 · Chunk 39 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb 14) Each of the dwellings hereby permitted shall be occupied only by: a) a person aged 60 years or over (person (a)); b) a person aged 55 years or older living as part of a single household with person (a); or c) in the event that person (a) dies, a person aged 55 years or older who was living as part of a single household with person (a) prior to their death. https://www.gov.uk/planning-inspectorate 11

Page 11 · Chunk 40 Benjamin Webb

Wren House, 108 Palatine Road, West Didsbury, M20 3ZA — Manchester City Council — Benjamin Webb 14) Each of the dwellings hereby permitted shall be occupied only by: a) a person aged 60 years or over (person (a)); b) a person aged 55 years or older living as part of a single household with person (a); or c) in the event that person (a) dies, a person aged 55 years or older who was living as part of a single household with person (a) prior to their death. https://www.gov.uk/planning-inspectorate 11 Appeal Decision APP/B4215/W/24/3345060 APPEARANCES For the Appellant Heather Sargent, Counsel for the appellant Landmark Chambers Matthew Shellum (Planning) Planning Issues Ltd Paul White (Heritage) Ecus Nick Wood (Design) Planning Issues Ltd For the Local Planning Authority Paula Burbicka (Heritage/Design) Manchester City Council Robert Griffin (Planning) Manchester City Council Paul Mason (Heritage/Design) Manchester City Council Interested parties Philip Tonge Trafalgar Place Management Company Robert Wardell (obo occupants of 114 Palatine Road) Kershaw and Sons https://www.gov.uk/planning-inspectorate 12

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

Main issues and findings

Character and appearance
For appellant
¶5

The Inspector concluded that the proposed building would not be unduly prominent or dominant in the streetscene, and its design would be consistent with the character of the area. The detailing of the proposed building would be consistent with the surrounding historic context, and the use of locally distinctive building materials would help to significantly raise the physical and visual quality of the design.

Living conditions
Against appellant
¶22-31

The Inspector concluded that the development would not have an unacceptable effect on the living conditions of occupants of a neighboring property in relation to privacy. The potential for overlooking was limited, and the existing planting along the boundary would provide a good level of screening. The potential for some mutual overlooking between windows either side of a plot boundary would not itself be unusual in context.

Other
For appellant
¶None

The Inspector concluded that the development would comply with policies related to conservation areas and good design, and would not have any other unacceptable effects.

Policies relied on

Reference Weight
Policies JP-S1, JP-P1, JP-P2 of the JDP
Determinative
Policy SP1 of the Manchester Core Strategy 2012-2027
Determinative
Policy DM1 of the Core Strategy
Determinative
Policy EN1 of the Core Strategy
Determinative
Saved Policy DC18.1 of the Manchester Plan 1995
Determinative
Policy H8 of the Core Strategy
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 12 pages, issued by the Planning Inspectorate on 6 January 2025 under the Open Government Licence.