Case 3355823

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB

Three Rivers District Council — appeal dismissed

Outcome
Dismissed
Decision date
7 April 2025
Authority
Three Rivers District Council
Inspector
Watson S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Punch Partnerships (PML) Limited
LPA reference
24/0237/FUL
ONS LPA code
E07000102
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 December 2024

Summary AI

The appeal for a public house development was dismissed due to harm to the character and appearance of the surrounding area, particularly the Rickmansworth town Centre Conservation Area. The inspector found that the proposal would result in less than substantial harm to the designated heritage asset, but this outweighed the public benefits.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision Site visit made on 18 March 2025 by Samuel Watson BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 07 April 2025 Appeal Ref: APP/P1940/W/24/3355823 The Western, 205 High Street, Hertfordshire, Rickmansworth WD3 1BB • 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 Punch Partnerships (PML) Limited against the decision of Three Rivers District Council. • The application Ref is 24/0237/FUL. • The development proposed is retention of the existing public house, demolition of the outbuilding and erection of three one-bedroom apartments (Use Class C3) utilising existing access off Wensum Way, with hard and soft landscaping, including the reconfiguration of the car park. Decision 1. The appeal is dismissed. Preliminary Matters 2. As part of their decision the Council included reasons for refusal that turned on the lack of any mechanisms; (i) securing contributions towards off-site affordable housing, and (ii) removing future occupiers access to parking permits.

Page 1 · Chunk 1 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision Through their appeal submissions the appellant has provided a unilateral undertaking which the Council found to suitably deal with both matters. 3. As a result, the Council are no longer defending these reasons for refusal and, mindful of this and the information before me, I find that it is not necessary to consider these matters further. Main Issue 4. Therefore, the main issue is the effect of the proposal on the character and appearance of the surrounding area and on the Rickmansworth town Centre Conservation Area (the CCA) Reasons 5. The appeal site is located within the CCA which focuses primarily on and around the High Street and Church Street. It is a tight-knit area bounded by waterways, roads and railways that have helped retained the legibility of the mediaeval core of Rickmansworth. Although there are buildings present from both before and after the 19th century, the area around the appeal site is primarily characterised by this era. With some notable exceptions, and whilst I recognise that the buildings in this area are somewhat varied, the character is largely formed by traditional terraces and semi-detached pairs with pitched rooves.

Page 1 · Chunk 2 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision I find the significance of this area to stem, at least in part, from the legibility of its history and the strong, tight, pattern of traditional buildings. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision I find the significance of this area to stem, at least in part, from the legibility of its history and the strong, tight, pattern of traditional buildings. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision Appeal Decision APP/P1940/W/24/3355823 6. The Western is a detached, three-storey public house that sits at the front of the appeal site. I understand from the submissions before me that it was built sometime in the 19th Century. It has largely retained its form and appearance on the front elevation, particularly with regard to the roof form and fenestration. I note that the pub garden has been reduced over time and has, in part, been replaced by a car park, I also note the flat roof extension to the rear. These changes have somewhat eroded the interest of the public house. However, I consider that its siting, appearance and form have not been so compromised as to result in the building no longer being of interest as a non-designated heritage asset. Mindful of its age, appearance and siting, I find that the building also contributes to the wider CCA. 7. As noted above, there are some exceptions to the historic buildings surrounding the appeal site. Two immediate examples of this are the building containing the Marks and Spencer’s supermarket and the Wensum Court block of flats. These sit to the front and rear of the appeal site and do not positively contribute to the historic environment. 8.

Page 2 · Chunk 5 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision The proposal comprises the demolition of an existing single-storey outbuilding in the Western’s car park and its replacement with a three-storey block of flats. This building would sit along the boundary with the supermarket car park. Given its positioning perpendicular to the road and between two carparks, it would not relate to any rows of development along Wensum Way or the surrounding streets. Instead, it would appear as a visually detached feature prominent against the open car parks. The height of the building, at three-storeys, would further increase this visual prominence within the surrounding street scenes. This includes from the High Street where it would be seen in relation to the Western and where it would block views toward the rear of Ebury Road. 9. As noted above, pitched rooves are more typical of the area and, as raised by both parties, the flat rooves of the modern buildings around the appeal site, do not positively contribute to the area. The proposal would include the use of a flat roof, adding to the bulk of the building, and further increasing its intrusiveness as an incongruous feature.

Page 2 · Chunk 6 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision Beyond the form of the building, its design and detailing, including the proposed glazing, is also contemporary in style. Whilst it is not necessary that any new buildings be a pastiche of those within a conservation area, the proposed building’s articulation would not suitably reflect or sympathetically sit with the form and appearance of those in the surrounding area. 10. Although I am mindful that three-storey buildings are typical within the CCA, including the immediate surroundings, this does not justify the harms outlined above as a result of its form, appearance and siting. The proposal would also not so screen the Marks and Spencer’s building as to improve the visual appearance of this part of the CCA. This is especially so given the harm stemming from the proposal itself. 11. Against this background, and given the scale of the development, I find that less than substantial harm to the significance of the designated heritage asset would occur. Although less than substantial, the National Planning Policy Framework (the Framework) is clear that great weight should be given to any asset’s conservation. Paragraph 215 advises that such harm should be weighed against the public benefits of the proposal.

Page 2 · Chunk 7 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 8 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/P1940/W/24/3355823 12. The Government’s objective is to significantly boost the supply of housing, and the proposal would provide three new dwellings in a location with good access to services and facilities. It would also lead to a small and time-limited economic benefit during the construction phase, as well as some limited social and economic benefits resulting from future occupiers. Given the small scale of the proposal, and the under provision of housing within the area, these matters would at most attract moderate weight. The moderate weight I attach to these public benefits does not, in the circumstances of this case, outweigh the harm to the designated heritage asset. 13. In light of the above, the proposal would result in harm to the CCA and the Western, an NDHA. No public benefits have been identified that would outweigh this harm and so the proposal would conflict with Policies CP1 and CP12 of the Local Development Framework: Core Strategy (October 2011, the CS) and Policies DM1 and DM3, and Appendix 2 of the Local Plan: Development Management Policies Local Development Document (July 2013, the LP).

Page 3 · Chunk 9 Appeal Decision

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Appeal Decision These collectively, and amongst other matters, require developments to be of a high standard that conserves or protects the built and historic environment. Particular regard is paid to local context and the design, scale, materials and finishes of proposals, and views within conservation areas. Appendix 2 makes additional reference to siting, and roof form in this regard. The proposal would also conflict with the framework, particularly under Chapters 12 and 16. Planning Balance and Conclusion 14. I note that both parties agree the Council cannot demonstrate a five-year housing land supply. However, the Framework provides a clear reason for refusing the development, in terms of harm to a designated heritage asset, and therefore the proposal does not benefit from the presumption in favour of sustainable development. 15. The proposal conflicts with the development plan as a whole and there are no other considerations, including the Framework, that outweigh this conflict. Therefore, for the reasons outlined above, I conclude that the appeal should be dismissed.

Page 3 · Chunk 10 Samuel Watson

The Western, 205 High Street, Hertfordshire, Rickmansworth, WD3 1BB — Three Rivers District Council — Samuel Watson INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶9

The proposal's design and detailing, including the proposed glazing, is contemporary in style and would not suitably reflect or sympathetically sit with the form and appearance of those in the surrounding area.

Flood risk
Neutral

Not mentioned as a significant issue

Affordable housing
Against appellant
¶2

The appellant has provided a unilateral undertaking which the Council found to suitably deal with the lack of any mechanisms securing contributions towards off-site affordable housing.

External appearance
Against appellant
¶7

The flat roof extension to the rear of the public house has eroded its interest as a non-designated heritage asset, and the proposed building would further increase its visual prominence within the surrounding street scenes.

Ecology and biodiversity
Neutral

Not mentioned as a significant issue

Living conditions
Neutral

Not mentioned as a significant issue

Policies relied on

Reference Weight
NPPF 215
Determinative
CP1 and CP12 of the Local Development Framework: Core Strategy
Substantial
DM1 and DM3, and Appendix 2 of the Local Plan: Development Management Policies Local Development Document
Substantial

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 7 April 2025 under the Open Government Licence.