Our ref: WA 3441, W/08/00673/VOC
Your ref: APP/H1840/A/08/2076800/WF
Julian Taylor
The Planning Inspectorate
3/ 12a
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
24th July, 2008
Dear Mr Taylor,
Re: Town and Country Planning Act 1990
Appeal by Mr D G Robinson
Site at Coach Orchard, High Street, Broadway, WR12 7AL
I refer to the appeal details of which are set out above which is being determined by the written
representations procedure. This letter is the Local Planning Authority’s statement and is
intended to be read in conjunction with the appeal questionnaire and the documents that were
circulated with it, including relevant local policies. A copy of the appeal statement has been sent
to the applicant’s agent.
Appeal Site and Proposal
The appeal site comprises a plot to the rear of Upper High Street in Broadway that was granted
detailed planning consent (Wychavon planning reference W/05/02211/PN) for a dwelling that is
now substantially complete. (Walls and roof trusses completed.) That consent contained a
condition, number 12, that a natural Cotswold stone roof slate should be used.
The appeal is lodged against the Council’s refusal to grant consent for a variation of that
condition to allow another form of roofing material to be used in the construction of the dwelling,
the appellant arguing that there are other equally suitable materials available that could be used
to roof the property. For the avoidance of doubt the application description makes specific
reference to the two preferred materials, namely Atlas Stonetex and Bradstone Reconstituted
stone slates.
Relevant History
W/04/00042/PN – 3 bedroom detached house – Refused 22/4/04
Mr Gavin Greenhow
Planner
Direct Dial 01386 565369 Fax 01386 561092
Gavin.Greenhow@wychavon.gov.uk
W/04/02360/OU – 3 bedroom detached house together with parking spaces and garage –
Refused 9/3/05 – Allowed on appeal 8/8/05
W/05/02211/PN – 2-bed detached house – Approved 9/3/06
W/07/00443/PP – single storey extension on north elevation of dwelling and formation of patio
with dwarf stone wall adjacent to south elevation – Refused 16/5/07; Appeal allowed 7/11/07
The Council’s Case
The relevant condition on planning approval W/05/02211/PN is as follows:
Prior to any building works being first commenced, a precise specification of the proposed
natural stone slates to be used, a sample of at least four slates to provide a representative
range of the colour and texture, together with any ridge details and details of methods of
lead flashings, shall be submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure the historic and architectural character and appearance of the
Conservation Area is properly preserved or enhanced, in accordance with Policies CB3 and
CB4 of the Adopted Wychavon District Local Plan (January 1998) and Policy ENV12 of the
Wychavon District Revised Local Plan (Proposed Modification Stage, January 2006).
This is one of several standard “conservation” conditions that the Council uses when issuing
approvals for developments affecting conservation areas, or alterations/extensions to listed
buildings. The dwelling concerned is in a prominent position to the rear of the High Street
frontage in Broadway and, indeed, the Council initially refused consent for a dwelling on this site
because of its sensitivity (Wychavon planning references W/04/00042/PN and W/04/02360/OU).
The second proposal was granted outline consent on appeal and, given the nature of the site
and its surroundings, the Council considered that it was necessary to add a number of
conditions designed to carefully control exterior materials.
Broadway is characterised by many fine old properties constructed in Cotswold stone and roof
tiles and since the dwelling is in a prominent location and would attract considerable attention,
the Council considers that a combination of Cotswold stone and roof slate should be used to
achieve the most authentic form of development that reflects the historic and high quality nature
of the Conservation Area. Unfortunately, the development originally proceeded without formal
approval of the Cotswold stone and one was used that was not considered to be satisfactory.
The works were then subject to enforcement action requiring the walling to be taken down and
reconstructed following the Councils approval for a substitute stone sample. The Inspector will
observe at the site visit that a rough-dressed stone of varying length and height, sourced from a
local quarry (Stanleys) was selected, with a traditional lime-based mortar. The Council
considers that this has produced a good quality finish that now requires to be complimented
with an appropriate natural roof slate.
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In recent years there have been few consents granted for new dwellings within this part of
Broadway (Upper High Street). Therefore, where the opportunity arises, the Council considers
that such development should set an example of good design in all respects, including the
materials which should be in accordance with those used in that part of the Conservation Area;
a point made in the recently adopted character appraisal of the Broadway Conservation Area. A
copy of the Conservation Area Appraisal is attached. The appraisal highlights the use of natural
Cotswold stone in walls and roof coverings as one of the elements contributing to the special
interest of the Conservation Area. It also identifies the use of artificial stone for roof coverings
as a negative factor in the Conservation Area and a threat to the preservation of its character
and appearance. In order to protect this important feature, the Council, as part of its review of
the Broadway Conservation Area, has removed permitted development rights for replacement
roof coverings through the introduction of an Article 4(2) Direction on a number of important
non-listed buildings within the village.
The appellant draws attention to a number of properties within the vicinity of the site that do not
have natural Cotswold slates. This may be so but these buildings may not make the contribution
that would be desired to the Conservation Area and this should not justify the use of lower
quality materials on another building within it.
The Council is aware that Cotswold stone slates are significantly more expensive than other
roofing materials and that this may be a motive for the application and subsequent appeal.
Although this should not be a factor in the decision-making process, the cost of the roofing
materials in comparison to the likely final market value of the property is likely to be small and
should not, therefore, act as a deterrent to accepting the use of them.
The appellant did raise the issue of availability, but the Council has supplied the contact details
of three local suppliers. These are: Grange Hill, Huntsman and Cotswold Stone Quarries.
Other matters
In addition, the Council considers that the use of a roofing material other than natural Cotswold
stone slate on the property would conflict with the requirement to use this material imposed by
condition 4 of Appeal Decision APP/H1840/A/07/2050193 that allowed a single storey utility
room on the property (previously refused by the Local Planning Authority under reference
W/07/00443/PP).
Conditions
If the Inspector is minded to grant the appeal and allow the use of either or both of the roof
materials applied for (in addition to Cotswold stone slate which it is assumed the Inspector will
find acceptable), it is suggested that the relevant condition be varied as follows:
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Prior to any building works being first commenced either:
1) a precise specification of the proposed natural stone slates, a sample of at least four slates to
provide a representative range of the colour and texture of the natural slate, or
2) details of Atlas Stonetex, or Bradstone Reconstituted stone slates, to be used,
together with any ridge details and details of methods of lead flashings, shall be submitted to
and approved in writing by the Local Planning Authority. The materials so approved shall be laid
in diminishing courses and retained in that form.
Reason - To ensure the historic and architectural character and appearance of the
Conservation Area is properly preserved or enhanced, in accordance with Policy ENV12 of
the Adopted Wychavon District Local Plan (June 2006) and Policy CTC19 of the adopted
Worcestershire County Structure Plan 1996-2011.
The suggested reason is updated to reflect the changes in particular to the preparation of
the Local Plan that have taken place since the original planning approval.
It is assumed that a representative sample of each of the two roofing materials preferred by
the appellant will be made available for the lnspector to view at the site visit.
Yours sincerely
Gavin Greenhow
Planner (South Area)
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