- Decision
- dismissed, 2 October 2026
- Decided by
- Planning Inspector: Timothy King
- Authority
- Colchester (East of England)
- Appeal reference
- 6005011
- Application reference
- 252444
- Procedure
- written representations
- Development
- Two-storey flat-roofed rear extension with perimeter parapet to a Grade II listed house
- Site context
- listed building setting
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- HE6(4), HE4(2)
- Development plan policies
- Colchester Borough Local Plan Section 1 SP7, Section 2 DM13, DM15, DM16, West Mersea Neighbourhood Plan WM25
- Main issues
- special interest of the listed building
Summary
The planning appeal of a joint letter (with listed building consent appeal 6005014) for a two-storey flat-roofed rear extension to Grade II listed Barrow Hill House. The inspector found the flat roof would meet the house's catslide roof awkwardly and would not be subservient, harming the building's significance. The benefits were private, so there were no public benefits to weigh and no clear and convincing justification. Both appeals were dismissed; the planning appeal on conflict with the development plan.
Issues and findings
- Transition. No switch paragraph. The letter applies HE4 and HE6 by their 2026 codes and wording.
- Listed building: HARM. "the intended two-storey, flat-roofed extension would, at its eastern flank, have an awkward interface with the building’s characteristic section of catslide roof" (DL ¶15). "Accordingly, I shall attribute considerable importance to this in weighing up the planning balance." (DL ¶16).
- Method. "firstly, it needs to be identified whether there would be harm, and the second stage is whether public benefits weigh against this harm" (DL ¶17).
- HE6(3), HE4(2), HE6(4) stated. "any resultant harm will be a matter of considerable importance and weight and, as indicated in policy HE4 thereto, any such harm should have a clear and convincing justification" (DL ¶18).
- Design quality is not enough. "I am satisfied that the proposed extension, as a single entity, would be to a high quality design, but it would not be appropriate here in terms of its interface with the host building" (DL ¶19).
- Public benefits: NONE. "the additional floorspace provided by the extension, and the proposed internal reconfiguration, would represent a private aspiration" and "I have not identified any actual public benefits arising from the proposed works" (DL ¶22).
- HE4(2): FAIL. "clear and convincing justification has not been provided for the development and works which would compromise the listed building’s conservation" (DL ¶23).
Planning balance
HE6(4): harm of considerable importance against no public benefits. The planning appeal is then decided under section 38(6): "it conflicts with the development plan as a whole, and there are no material considerations which indicate that the decision for Appeal A should be made other than in accordance with the Local Plan" (DL ¶26). No S4 balance is run.
What made the difference
The roof form. The blank rear wall "can perhaps accommodate an extension of appropriate design" (DL ¶15), so the objection was to the flat roof against the catslide, not to extension in principle. With nothing but private benefit on the other side, any harm was enough.
Transferable points
- More living space and internal reconfiguration are private benefits and do not count under HE6(4) (DL ¶20, ¶22).
- An extension can be of high quality in itself and still harm a listed building through its junction with the host (DL ¶15, ¶19).
- Where a building is not at risk or in poor repair, there is no conservation benefit to claim (DL ¶22).
- A redesign after an earlier refusal is assessed on its own merits, not on whether it answers the council's earlier concerns (DL ¶4).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HE4(1) | conflict | HE4 set out; the proposal would not conserve the building in a manner appropriate to its significance (DL 12, 23-24) | |
| HE6(1) | harm | substantial | substantial weight to conservation stated (DL 13) |
| HE6(3) | harm | considerable | flat-roofed two-storey extension has an awkward interface with the catslide roof and is not subservient; degree of harm not graded (DL 15-16, 18) |
| HE6(4) | fail | extra floorspace and internal reconfiguration are private; no public benefits identified (DL 20-22) | |
| HE4(2) | fail | clear and convincing justification not provided (DL 18, 23) | |
| s38(6) | conflict | conflict with the development plan as a whole; no material considerations indicate otherwise for the planning appeal (DL 25-26) |
Key facts
- Joint letter with the listed building consent appeal 6005014; both dismissed on the same reasoning (DL 1-2)
- Barrow Hill House is a Grade II listed 17th century house with an earlier timber-framed cross wing, a bakehouse and a stable block of group value (DL 6-7)
- Extension proposed behind the western wing, a redesign of a scheme previously refused (DL 3-4)
- Inspector satisfied the extension would be of high quality design as a single entity, but not appropriate in its interface with the host building (DL 19)
- Building not at risk and not in poor repair (DL 22)
- No harm to neighbours' living conditions (DL 20)
- Site visit 14 July 2026; no switch paragraph; 2026 policy codes used
- Letter slips, the header calls the planning appeal a refusal of "[outline] planning permission", the running header gives the second reference as "600514", and DL 24 and 26 use "Appeal A" and "Appeal B" without defining them
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.