Case 3361924

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ

Derbyshire Dales District Council — appeal dismissed

Outcome
Dismissed
Decision date
4 July 2025
Authority
Derbyshire Dales District Council
Inspector
Allen K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Messrs Cotterell
LPA reference
24/01095/FUL
ONS LPA code
E07000035
Jurisdiction
Transferred
Link status
Not Linked
Start date
9 April 2025

Summary AI

The appeal was dismissed due to the proposal's harm to the character and appearance of the Kirk Ireton Conservation Area. The proposed estate fencing would conflict with local policies and the National Planning Policy Framework.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision Site visit made on 23 June 2025 by K Allen MEng (Hons) MArch PGCert ARB an Inspector appointed by the Secretary of State Decision date: 4 July 2025 Appeal Ref: APP/P1045/W/25/3361924 Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire DE6 3LJ • 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 Messrs Cotterell against the decision of Derbyshire Dales District Council. • The application Ref is 24/01095/FUL. • The development proposed is the erection of detached garage, fence and new gated entrance. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposal on the character and appearance of the street scene, having particular regard to whether the proposal would preserve or enhance the character or appearance of the Kirk Ireton Conservation Area. Reasons 3. The appeal site is located within the Kirk Ireton Conservation Area (CA).

Page 1 · Chunk 1 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision The significance of the CA insofar as it relates to the appeal scheme, lies in its rural character, consistency of materials and ‘secretive’ lanes that lead from the core of the village to the periphery, with expansive views opening out into the surrounding countryside. The west side of Broadway is characterised by large, detached properties, set back substantially from the highway with verdant front gardens. 4. The proposal would introduce estate fencing, including a vehicular gate to the front boundary of the existing dwelling. Gated boundaries of a similar style can be seen within the street scene. However, the estate fencing would appear at odds when viewed amongst the characteristic stone boundary walls and hedges, harming the street scene. 5. It is suggested that the estate fencing would provide security whilst the approved beech hedge becomes established, and the fencing would become subsumed overtime. However, there is no mechanism before me to secure this. The appellant suggests that the estate fencing could be omitted from the scheme, but this is not the scheme before me. 6.

Page 1 · Chunk 2 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision Due to the proposed garages position forward of the prevailing building line and overall bulk, the appeal site would appear cramped when viewed against the spacious front gardens of the neighbouring properties. The materials would match the existing dwelling, and the existing and proposed planting would somewhat obscure views. However, the garage would form a prominent addition to the street https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision Due to the proposed garages position forward of the prevailing building line and overall bulk, the appeal site would appear cramped when viewed against the spacious front gardens of the neighbouring properties. The materials would match the existing dwelling, and the existing and proposed planting would somewhat obscure views. However, the garage would form a prominent addition to the street https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision Appeal Decision APP/P1045/W/25/3361924 scene that would have an enclosing effect, reducing views south towards the surrounding countryside. As such, the proposal would fail to preserve the character and appearance of the CA and would result in less than substantial harm. 7. Notwithstanding the above, as required by paragraph 215 of the National Planning Policy Framework (the Framework), where a development will lead to less than substantial harm, this harm should be weighed against the public benefits of the proposal. Given the limited use of the garage, I find that the great weight I attach to the identified harm with respect of the designated heritage asset would not be outweighed by the benefits of the proposal. 8. Therefore, I conclude that the proposal would harm the character and appearance of the street scene and would fail to preserve the character and appearance of the CA. It would conflict with Policies PD1, PD2, S4 and HC10 of the Derbyshire Dales Local Plan (December 2017). Where amongst other things they require development to respect the character, identity and context of the townscape, while having a satisfactory relationship to adjacent development. 9.

Page 2 · Chunk 5 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision Similarly, there would be conflict with Policy P3 of the Kirk Ireton Neighbourhood Plan (July 2021) where it seeks to ensure development reinforces and enhances the area’s local distinctiveness and is sensitive to the heritage context in terms of design, materials and massing. 10. The proposal would also conflict with the Framework where it requires development to be sympathetic to local character and history, including the surrounding built environment and landscape setting. Other Matters 11. The vehicular access and turning was previously approved1, no trees would be removed, the garage would not be detrimental to the living conditions of neighbouring residents nor have the Local Highway Authority objected to the proposal. Nevertheless, these are neutral matters which neither weigh in favour of nor against the proposal. 12. My attention has been drawn to other garages within Kirk Ireton. However, elements of their design, including the site layout, character of the host dwelling and detailed design are different. Moreover, the existence of other garages forward of the building line in the wider area does not justify the harm identified to the character and appearance above. Conclusion 13.

Page 2 · Chunk 6 Appeal Decision

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — Appeal Decision For the reasons given above, I conclude that the proposal would conflict with the development plan as a whole and there are no material considerations, including the Framework, that would outweigh that conflict. Therefore, the appeal is dismissed.

Page 2 · Chunk 7 K Allen

Land adjacent to Glenworth House, Broad Way, Kirk Ireton, Derbyshire, DE6 3LJ — Derbyshire Dales District Council — K Allen INSPECTOR 1 Application Reference: 23/00570/FUL https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Character and appearance
Against appellant
¶4

The estate fencing would appear at odds with the characteristic stone boundary walls and hedges, harming the street scene.

Character and appearance
Against appellant
¶6

The garage would form a prominent addition to the street scene, reducing views and appearing cramped against the neighbouring properties' spacious front gardens.

Character and appearance
Against appellant
¶8

The proposal would conflict with local policies and the National Planning Policy Framework by harming the character and appearance of the Conservation Area.

Policies relied on

Reference Weight
Policies PD1, PD2, S4 and HC10 of the Derbyshire Dales Local Plan (December 2017)
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 4 July 2025 under the Open Government Licence.