When listed building consent is refused by a local planning authority in Scotland the
applicant may appeal to the Scottish Ministers. A reporter is appointed by the Directorate for Planning and Environmental Appeals (DPEA) to determine the appeal.
consider when deciding whether to allow works to listed buildings. These include: the relative importance of the special interest of the building; scale of impact of proposals; existence of other options which would ensure a continuing beneficial use that have less impact; and whether there are significant benefits for economic growth or the wider community which would justify a deviation from the presumption against development.
Appeal against refusal to grant listed building consent (LBC) for alterations to a boundary wall to form vehicular access at Normanhurst, 56 Midton Road, Ayr, South Ayrshire (17/01205/LBC)
Normanhurst occupies a corner plot at the junction of Broomfield Road with Midton Road; the principal elevation faces Midton Road. The house, together with the boundary walls and gatepiers on the main elevation, comprise a Category C listed building. The wall and gatepiers are described in the statutory list description as: ‘square-plan painted gatepiers to left mark vehicular and pedestrian entrance. Coped boundary wall encloses site.’
The application for listed building consent concerned works to the boundary wall along Broomfield Road to create a new access for a proposed new dwelling, which was the subject to a separate planning application. The proposed entrance would be located towards the end of the existing property boundary, adjacent to the access to 13 Broomfield Road.
The proposals would require works to just over 8 metres of the boundary wall, including creation of a new opening 3.25 metres wide. The new entrance would be set back from the line of the existing wall by 2.4 metres to create sightlines for vehicles exiting through the new gate.
Guidance in relation to boundaries published by Historic Scotland in 2010 (now Historic Environment Scotland) sets out that walls and other boundary treatments form important elements in defining the character of historic buildings and conservation areas. It further notes that the formation of a new opening needs to be considered in light of the overall composition of the boundary and assessed as to whether it would be consistent with the existing design.
Scottish Planning Policy (paragraph 141) and Historic Environment Scotland’s policy statement (June 2016) set a presumption against demolition or other works that would adversely affect the special interest of a listed building or its setting. Historic Environment Scotland’s policy statement also sets out criteria that planning authorities should
The proposal would result in a partial loss of one of the features of special architectural interest described on the listing description. The reporter did not agree with the appellant that the proposal would only result in the lowering of a relatively small section (10%) of wall, which is 75 metres in length, as the creation of the new access would result in the loss of around 3 metres of the feature contributing to the special interest (to accommodate the gate). In addition, the setback position of the proposed entrance and creation of a stepped flanking wall would result in a prominent realignment of the visual marking of the boundary, which is not consistent with the existing design. The proposals are not necessary for the continued use of the building, nor are there significant benefits for economic growth or the wider community. Consequently, the special interest of the boundary wall, which forms part of the listed building, would not be preserved by the proposals. The appeal was dismissed, and listed building consent was refused.
LPOC comment: In this case the reporter considered that the ancillary nature of boundary walls and enclosures did not diminish their importance to our understanding and appreciation of the main subject of listing.
If you have been involved in an interesting appeal decision that you would like to share with other members please get in touch via email
editor@lpoc.co.uk
Listed Heritage Magazine September/October 2018 109
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