Case 3353486

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS

Worcester City Council — appeal allowed

Outcome
Allowed
Decision date
23 January 2025
Authority
Worcester City Council
Inspector
Praine N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Ball Holdings Ltd
LPA reference
24/00357/FUL
ONS LPA code
E07000237
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 November 2024

Summary AI

The appeal for redevelopment into residential units at Rear of 37 Lowesmoor, Worcester, was allowed due to the provision of adequate living conditions, including light and outlook, and compliance with the relevant provisions of Policy 21 of the South Worcestershire Development Plan (2016). The proposed development would preserve the character or appearance of the conservation area and the settings of the listed buildings.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — Appeal Decision Site visit made on 3 January 2025 by N Praine BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 23 January 2025 Appeal Ref: APP/D1835/W/24/3353486 Rear of 37 Lowesmoor, Worcester • 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 Ball Holdings Ltd against the decision of Worcester City Council. • The application Ref is 24/00357/FUL. • The development proposed is described as redevelopment into residential unit. Decision 1. The appeal is allowed and planning permission is granted for redevelopment into residential unit at Rear of 37 Lowesmoor, Worcester in accordance with the terms of the application, Ref 24/00357/FUL, subject to the conditions in the attached schedule. Preliminary Matters 2. The views of the main parties were sought following the publication of the revised National Planning Policy Framework on 12 December 2024. Their responses have been taken into account in this decision. Main Issue 3. The main issue is the effect of the proposed development upon the living conditions of future residential occupants with particular reference to light and outlook. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — Appeal Decision Residential occupiers should be able to enjoy good quality outlook to the external environment from habitable rooms. Additionally, the importance of natural light in homes is widely understood, these include the reduction in a reliance on electric lighting and the physical and mental health benefits that daylight brings. 5. The proposed kitchen / living area would be open plan served by a double-glazed door, two full length glazed sections either side of this door, two high level windows and two roof lights. Outlook would be achieved from this kitchen / living area through the full length windows and glazed door, and less so from the other high-level windows. Some, albeit more limited outlook, would also be possible from the roof lights. Light would also enter through these openings. As a matter of fact, and degree this would be a suitable level of glazing to secure adequate outlook and sufficient light to the kitchen / living room. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — Appeal Decision Appeal Decision APP/D1835/W/24/3353486 6. The bedroom would be served by two high level windows and a roof light, and these windows would provide views to the outside as well as allowing light to enter the room. I acknowledge that these windows would be at a higher level, however I have also considered their size, position, and the in-combination effect of all three windows in relation to the layout and use of the room. Therefore, while this consideration would be at the outer limits of acceptability, as a matter of fact and degree, this would be a suitable level of glazing to secure adequate outlook and sufficient light to the bedroom. 7. The bathroom would not provide adequate light or outlook. However, given its status as a washroom, this would not amount to unacceptable harm in this respect. The proposed development would therefore provide adequate living conditions for future residential occupants with particular reference to light and outlook. It would comply with the relevant provisions of Policy 21 of the South Worcestershire Development Plan (2016). This, amongst other things, addresses the need for high quality design for future occupiers. Other Matters 8.

Page 2 · Chunk 3 Appeal Decision

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — Appeal Decision The appeal site is within the boundary of the Lowesmoor conservation area (“the CA”). It also stands at the end of a run of four grade II listed buildings – Nos.31-37 – and opposite a further range of grade II listed buildings – Nos.24-34. The significance of these heritage assets are defined, in part, by the close-knit rows of buildings representative of the late 18th and early 19th century red brick terraces of Worcester. 9. The changes to the proposed building would mostly be internal, with external changes being modest in scale and appearance. The Council does not object to the proposed development on the basis of any harm to the significance or setting of the CA or listed buildings and I am inclined to agree. The character or appearance of the CA would therefore be preserved as would the settings of the listed buildings and their features of special architectural or historic interest. Conditions 10. The Council has suggested a list of twelve conditions which I have considered and where necessary amended in line with national policy and guidance. In the interest of certainty, conditions specifying time and the approved plans are needed.

Page 2 · Chunk 4 Appeal Decision

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — Appeal Decision The details of materials, finishes, rooflights, windows, doors, means of enclosure and landscaping are necessary to ensure the visual success of this proposed development and its integration into the locality. 11. A bat assessment condition is necessary to ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area. I have imposed a condition to control the hours of construction works in the interests of the living conditions of neighbouring occupants. Conditions to agree cycle parking and refuse storage are required. A condition to agree surface water drainage to ensure satisfactory drainage of the site and to prevent the increased risk of flooding is also necessary. I have also imposed a condition regarding renewable / low carbon energy to mitigate the impact of climate change. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — Appeal Decision Appeal Decision APP/D1835/W/24/3353486 Conclusion 12. For the above reasons, having regard to the development plan as a whole and all other relevant considerations, the appeal is allowed subject to the conditions listed in the attached schedule.

Page 3 · Chunk 6 N Praine

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — N Praine INSPECTOR Schedule of Conditions (12 in total) 1. The development hereby permitted shall begin not later than 3 years from the date of this decision. 2. The development hereby permitted shall be carried out, completed, and retained in accordance with the following approved plans except where otherwise stipulated by conditions attached to this permission: PLAN MAB 1 and PLAN MAB 2[A]. 3. Prior to the commencement of the development, samples and full particulars of all external facing materials to be used in the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details. 4. Prior to the commencement of the development, detailed plans and sections of the proposed rooflights, windows and doors at a scale of 1:20 together with details of proposed finishes shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5. Prior to the commencement of the development hereby permitted a Bat Assessment shall be submitted to and approved in writing by the local planning authority. 6.

Page 3 · Chunk 7 N Praine

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — N Praine No construction works shall take place on any Sunday, Bank Holiday or Public Holiday, and such works shall only take place between the hours of 08.00 to 18.00 weekdays and 08.00 to 14.00 Saturdays. No plant, machinery or equipment associated with such works shall be started up or operational on the development site outside of these permitted hours. 7. The development hereby approved shall not be occupied until sheltered, secure and accessible cycle parking has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Thereafter the provision shall be retained for the purposes of cycle parking only at all times. https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 8 N Praine

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — N Praine No construction works shall take place on any Sunday, Bank Holiday or Public Holiday, and such works shall only take place between the hours of 08.00 to 18.00 weekdays and 08.00 to 14.00 Saturdays. No plant, machinery or equipment associated with such works shall be started up or operational on the development site outside of these permitted hours. 7. The development hereby approved shall not be occupied until sheltered, secure and accessible cycle parking has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Thereafter the provision shall be retained for the purposes of cycle parking only at all times. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 N Praine

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — N Praine Appeal Decision APP/D1835/W/24/3353486 8. Development shall not take place until a scheme of surface water drainage, which shall include proposals for sustainable drainage, (SuDS), has been submitted to, and approved in writing by the Local Planning Authority. The approved scheme shall be completed before the development is first brought into use, or in accordance with a timetable to be submitted to and agreed in writing by the Local Planning Authority. Once installed and completed, the approved scheme shall thereafter be maintained and remain in use. 9. The development hereby approved shall not be occupied until refuse storage facilities been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The refuse storage facilities shall be retained at all times. 10. No development shall take place until details of all fences and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be completed prior to the occupation of the development. 11.

Page 4 · Chunk 10 N Praine

Rear of 37 Lowesmoor, WORCESTER, WR1 2RS — Worcester City Council — N Praine Prior to the occupation of the development hereby approved, a detailed Landscaping Plan shall be submitted to and approved in writing by the Local Planning Authority. Once approved the landscaping works shall be carried out in accordance with the approved details. 12. The development shall be carried out in accordance with the approved energy details within the Access & Design Statement. The approved details, showing the incorporation of energy generation from renewable or low carbons sources equivalent to at least 10% of predicted energy requirements, shall be implemented and operational prior to the first occupation of the development. End of Schedule https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Living conditions
For appellant
¶4

Residential occupiers should be able to enjoy good quality outlook to the external environment from habitable rooms, and the proposed development would achieve this with suitable glazing to secure adequate outlook and sufficient light to the kitchen / living room and bedroom.

Living conditions
For appellant
¶6

The proposed bedroom would be served by two high level windows and a roof light, providing views to the outside and allowing light to enter the room, which would be a suitable level of glazing to secure adequate outlook and sufficient light.

Living conditions
Against appellant
¶7

The proposed bathroom would not provide adequate light or outlook, but this would not amount to unacceptable harm in this respect.

Heritage impact
Neutral
¶8

The proposed development would mostly be internal, with external changes being modest in scale and appearance, and the Council does not object to the proposed development on the basis of any harm to the significance or setting of the conservation area or listed buildings.

Policies relied on

Reference Weight
Policy 21 of the South Worcestershire Development Plan (2016)
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 23 January 2025 under the Open Government Licence.