Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER
Swindon Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 13 August 2025
- Authority
- Swindon Borough Council
- Inspector
- Longmuir J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Householder developments
- Appellant
- Mr Jack Nethercott
- LPA reference
- S/HOU/24/0263/JAAB
- ONS LPA code
- E06000030
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 25 September 2024
Summary AI
The Inspector dismissed both appeals, concluding that the proposed garden room style extension would cause less than substantial harm to the listed building, but outweighed by the need to conserve its special architectural or historic interest.
PDF text
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions Site visit made on 2 April 2025 by J P Longmuir BA(Hons) DipUD MRTPI an Inspector appointed by the Secretary of State Decision date: 13 August 2025 Appeal A Ref: APP/U3935/W/24/3349161 Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, Swindon, SN4 0ER • 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 Jack Nethercott (Julius Bahn) against the decision of Swindon Borough Council. • The application Ref is S/HOU/24/0263/JAAB . • The development proposed is the erection of garden room style extension to the side. Appeal B Ref: APP/U3935/Y/24/3349165 Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, Swindon, SN4 0ER • The appeal is made under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) against a refusal to grant listed building consent. • The appeal is made by Mr Jack Nethercott (Julius Bahn) against the decision of Swindon Borough Council. • The application Ref is S/LBC/24/0264/JAAB. • The works proposed are the erection of garden room style extension to the side. Decision 1. Appeal A: the appeal is dismissed. 2. Appeal B: the appeal is dismissed.
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions Preliminary Matters 3. The appeals concern works and development at the Grade II listed building, 45 Day House Lane1. 4. Sections 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) require special regard is given to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. I am also mindful of the historic environment policies within the National Planning Policy Framework (the Framework) that relate to the significance of designated heritage assets and their settings and the Planning Practice Guidance on the Historic environment. Main Issue 5. The main issue in both appeals is whether the proposed works and development would preserve the Grade II, 45 Day House Lane listed building or its setting or any features of special architectural or historic interest that it possesses. 1 List entry 1023316 https://www.gov.uk/planning-inspectorate
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions Appeal Decisions APP/U3935/W/24/3349161, APP/U3935/Y/24/3349165 Reasons 6. The appeal site is located on the edge of Swindon. There is an open grass field immediately adjacent to its west side but there is extensive twentieth century housing beyond and to the rear. The list description dates the Cottage from the nineteenth century. 7. The special interest and significance of the building is partly derived from its thatched roof, with small ridgeline chimneys at both ends. In addition, the front elevation is simple so that the eye is drawn to a centrally placed stone roofed porch and its modest cottage style fenestration within white painted walls. From the sides the thatched roof is seen ebbing over the narrow gables. The garden and driveway form the setting of the listed building, and the former contributes to its significance by allowing an open aspect and complementing the rustic architecture. 8. The proposed extension would be to the west side of the frontage, marginally recessed back from the front wall. It would be modest sized, single storey with a steeply pitched roof. In these respects, the proposal would not harm the listed building. 9. The extension would have extensive glazing to its front elevation.
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions Due to its size, this would divert attention away from the thatched roof and the existing fenestration, thereby detracting from the simplicity and presence of the original structure. This would be particularly apparent from the front garden. The harmony and balance of the Cottage would be lost. 10. The side elevation would also have extensive glazing within the gable end of the roof. This would also unduly attract attention due to its height and position, undermining the experience of the thatched gable end. 11. The rear wall would have two windows which would be tall and narrow leading to a pronouncedly vertical orientation. These would appear overly assertive and at odds with the more balanced proportions of the existing fenestration, thereby harming the listed building. 12. The proposed extension also includes two rooflights on the rear roof slope. These would be modestly sized, square shaped and divided by a central glazing bar. If set within the roof plane, they would not be harmful. 13. I acknowledge the Appellant’s suggestion that the extension would be a clear break from the historic structure, however they would nonetheless be experienced together, and the extent of the glazing would be overly dominating. 14.
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions I therefore find that the proposal would lead to less than substantial harm to the listed building and a high point within that spectrum. 15. Policy DE1 of the Swindon Borough Local Plan 2026 requires designs respect existing characteristics and features of importance as well as provide amenity. Policy EN10 requires proposals conserve and where appropriate enhance the significance of heritage assets. It continues that alterations will not be permitted which adversely impact on the elements which contribute to their special architectural or historic significance, and proposals are required to be weighed against the public benefits of the proposal. Accordingly, I find that the proposal would be contrary to both policies. https://www.gov.uk/planning-inspectorate 2
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions Appeal Decisions APP/U3935/W/24/3349161, APP/U3935/Y/24/3349165 Heritage and Planning Balances 16. Whilst the harm arising would be less than substantial; however, Paragraph 212 of the Framework advocates great weight to the asset’s conservation. I therefore give considerable importance and weight to the harm I have identified in my balancing judgment below. In addition, Paragraph 213 of the Framework emphasises that any harm to, or loss of, the significance of a designated heritage asset, should require clear and convincing justification. 17. Paragraph 215 directs that the harm should be weighed against the public benefits of the proposal including where appropriate securing its optimum viable use. 18. The extension would provide additional space for the occupants contributing to their everyday living conditions and improving the housing stock. In addition, the proposed glazing would also provide good daylighting thereby contributing to saving energy as well as promoting wellbeing. 19.
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — Appeal Decisions However, taking the public benefits together as a whole, I conclude that they would not be of sufficient weight to outweigh the high level of harm within the less than substantial spectrum identified to the significance and special interest of the designated heritage asset. 20. I consider that the proposed works and development would fail to preserve the special architectural or historic interest of the Grade II listed building. Consequently, the proposal would be contrary to sections 16(2) and 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. 21. As the proposal would be harmful to the listed building it would be contrary to Policies DE1 and EN10. Section 38(6) of the Planning and Compulsory Purchase Act 2004 states determination must be made in accordance with the plan unless material considerations indicate otherwise. In respect of Appeal A, the proposal would be contrary to the Development Plan when taken as a whole and material considerations do not indicate the proposals should be approved. Conclusion 22. For the reasons given above and having regard to all other matters raised, I conclude that both Appeal A and Appeal B should be dismissed.
Badbury Wick Cottage, 45 Day House Lane, Badbury Wick, SWINDON, SN4 0ER — Swindon Borough Council — John Longmuir INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Heritage impact Against appellant ¶10
The extension's extensive glazing would divert attention away from the thatched roof and existing fenestration, detracting from the simplicity and presence of the original structure.
Heritage impact Against appellant ¶11
The side elevation's extensive glazing would unduly attract attention and undermine the experience of the thatched gable end.
Heritage impact Against appellant ¶11
The rear wall's tall and narrow windows would appear overly assertive and at odds with the more balanced proportions of the existing fenestration.
Heritage impact Against appellant ¶12
The proposed extension would cause harm to the listed building's setting and features of special architectural or historic interest.
Heritage impact Against appellant ¶13
The extension would be overly dominating and would cause harm to the listed building.
Heritage impact Against appellant ¶14
The proposed extension would lead to less than substantial harm to the listed building and a high point within that spectrum.
Heritage impact Against appellant ¶15
The proposal would be contrary to Policies DE1 and EN10 of the Swindon Borough Local Plan 2026.
Heritage impact Against appellant ¶16
The harm arising would be less than substantial, but the Inspector gives considerable importance and weight to the asset's conservation.
Heritage impact Against appellant ¶20
The proposed works and development would fail to preserve the special architectural or historic interest of the Grade II listed building.
Policies relied on
| Reference | Weight |
|---|---|
| DE1 |
Determinative |
| EN10 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 13 August 2025 under the Open Government Licence.