Case 3347662

55 Saxony Road, LIVERPOOL, L7 8RU

Liverpool City Council — appeal allowed

Outcome
Allowed
Decision date
10 December 2024
Authority
Liverpool City Council
Inspector
Hughes L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
My World Property Limited
LPA reference
24F/0301
ONS LPA code
E08000012
Jurisdiction
Transferred
Link status
Not Linked
Start date
20 August 2024

Summary AI

The appeal was allowed as the proposed development would comply with the development plan and would not harm the character or appearance of the Kensington Fields Conservation Area. The inspector considered that the development would be in keeping with the original dwelling and surrounding area, and would preserve the character and appearance of the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision Site visit made on 26 November 2024 by L C Hughes BA (Hons) MTP MRTPI an Inspector appointed by the Secretary of State Decision date: 10th December 2024 Appeal Ref: APP/Z4310/W/24/3347662 55 Saxony Road, Liverpool L7 8RU • 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 Joseph Robert MacGregor, My World Property Limited against the decision of Liverpool City Council. • The application Ref is 24F/0301. • The development proposed is to retain single storey extension at rear, roof extension at rear, and dormer extension at rear. Decision 1. The appeal is allowed and planning permission is granted to retain single storey extension at rear, roof extension at rear, and dormer extension at rear at 55 Saxony Road, Liverpool L7 8RU in accordance with the terms of the application, Ref 24F/0301, subject to the following condition: 1) The development hereby permitted shall be carried out in accordance with drawing nos: Location Plan 1:1250; SR55 – O3B Block Plan 1:200; SR55 01A Existing Elevations and Floor Plans 1:100; SR55 02C Proposed Elevations and Floor Plans 1:100. Preliminary Matters 2.

Page 1 · Chunk 1 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision I have taken the description of development from the Decision Notice, as this more accurately describes the proposal. 3. I was able to see at my site visit that the development had taken place, and I have determined the appeal on this basis. Main Issue 4. The main issue is the effect of the proposed development on the host property and whether it would preserve or enhance the character or appearance of the Kensington Fields Conservation Area (CA). Reasons 5. The appeal property is a mid-terrace dwelling in a row of similar properties located within the CA. The terraced properties are consistent in their traditional Victorian detailing, design and scale and are set in a grid pattern layout in long rows, fronting roads with alleys running between the terraces at the rear. The front elevations of the terrace have not been substantially altered, giving a consistency and rhythm to the street scene. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision Appeal Decision APP/Z4310/W/24/3347662 6. The significance of the CA, as it relates to this appeal, derives from the architectural consistency and strong frontages of the terraces, the clear distinction of the area as a planned development away from the city centre, and the impact of 19th century public health and building legislation. The appeal property, 55 Saxony Road (No 55), has been constructed in buff brick and is one of a number of properties which have retained their brick frontage unpainted. As such, the building makes a positive contribution to the character and appearance of the CA. 7. The rear dormer extension abuts the top of the ridge of the property, and as such the rear extensions cannot be seen from Saxony Road. There is therefore no adverse impact on the traditional features and detailing on the front elevation which contribute to the significance of the CA. Due to the layout of the terraces, the extension can only be seen from vantage points along the alley which runs to the rear of the property and from the rear of a number of dwellings along Albert Edward Road. Moreover, the alleys themselves are not visible from any street frontages and are gated with restrictive access.

Page 2 · Chunk 3 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision As such, the extensions are not visible in the public realm to any extent and do not detract from the street scene. 8. The roof and dormer extensions are an appreciable addition to the property. However, the roofscape at the rear of Saxony Road does not have a long, interrupted or uniform appearance. I observed a number of roof and dormer extensions at the rear of neighbouring properties. Whilst their planning status is not clear, they nevertheless are present in the street scene such that they form part of the local character and appearance. The design, materials, height and depth of No 55’s rear extensions are very similar to those in proximity. Given this context, although the rear dormer extension is not set back from the main rear elevation of the host property, and despite their scale, the extensions are not unduly prominent, incongruous or out of keeping with the host property or surrounding area. 9. My attention has been drawn to a recent appeal decision for roof dormers at 54-56 Kensington, also within the CA, which was dismissed.1 Whilst it is inevitable for comparisons to be made, each case will have its own site-specific circumstances and merits upon which it is considered.

Page 2 · Chunk 4 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision I note, for example, that the rear roofscape of the dismissed appeal site was visible from public vantage points, and that the rear terrace of the appeal site had an uninterrupted roof slope with no nearby extensions. As such, the scheme is not directly comparable to that which is before me. 10. The Council did not raise concerns regarding the single storey extension, which is similar to a number of other single storey extensions at neighbouring properties. Having regard to its height, scale, materials and design, and its relationship with surrounding properties, I also find it acceptable. 11. In accordance with the statutory duty set out in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), I have paid special attention to the desirability of preserving or enhancing the character or appearance of the CA. I do not consider that the proposal harms the character or appearance of the host building, and as such it would have a neutral effect on the significance of the CA. 1 APP/Z4310/W/23/3323143 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision Appeal Decision APP/Z4310/W/24/3347662 12. As such, the proposed development would not cause harm to the host property, and would preserve the character and appearance of the CA. The proposal would therefore meet the statutory test set out in the Act, and accord with Policies H8, HD1, UD1 and UD7 of the Liverpool Local Plan 2013-2033 (2022) which together seek to ensure that developments take account of designated heritage assets; are in keeping with the original dwelling and surrounding area; and that proposals affecting a CA preserve or enhance those elements which contribute to its character. Other Matters 13. Concerns have been raised relating to the continued use of the property as a House of Multiple Occupation and potential issues relating to parking, anti- social behaviour and noise and disturbance. However, there is no substantive evidence that would lead me to conclude that there are any existing issues in this regard that would be exacerbated by the proposal, and a Certificate of Existing Lawful Development for a 6 bedroomed House of Multiple Occupation was granted in 20232. Conditions 14.

Page 3 · Chunk 6 Appeal Decision

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — Appeal Decision As the development has been undertaken it is not necessary to impose a condition requiring the development to commence within 3 years. In the interests of certainty, I have imposed a condition listing the approved plans. Conclusion 15. For the reasons given above, I conclude that the proposal would comply with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. 16. As a result, the appeal is allowed.

Page 3 · Chunk 7 L C Hughes

55 Saxony Road, LIVERPOOL, L7 8RU — Liverpool City Council — L C Hughes INSPECTOR 2 23LE/1006 https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Heritage impact
Neutral
¶11

The inspector considered that the proposed development would not harm the character or appearance of the Kensington Fields Conservation Area, and would preserve the character and appearance of the area.

Living conditions
Against appellant
¶13

Concerns had been raised relating to the continued use of the property as a House of Multiple Occupation, but the inspector found no substantive evidence that would lead to conclude that the proposal would exacerbate these issues.

Policies relied on

Reference Weight
Policies H8, HD1, UD1, and UD7 of the Liverpool Local Plan 2013-2033 (2022)
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 10 December 2024 under the Open Government Licence.