# Flat 45, Rozel House, 42 Birnbeck Road, Weston-super-Mare

- **Decision:** dismissed, 27 August 2026
- **Decided by:** Planning Inspector: C Cooper-Young
- **Authority:** North Somerset (South West)
- **Appeal reference:** 6005999
- **Application reference:** 25/P/1464/FUL
- **Procedure:** householder
- **Development:** Retrospective pergola/gazebo and decking on 7th-floor roof terrace
- **Site context:** inside-settlement, conservation-area
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** HE6(1), HE6(4)
- **Development plan policies:** North Somerset Sites and Policies Plan Part 1 2016 DM3, DM32, North Somerset Core Strategy 2017 CS5, CS12
- **Main issues:** conservation area, host building
- **Tags:** tier-2, conservation-area, retrospective, heritage-harm-decisive, parties-consulted-on-2026-framework, harm-ungraded

## Summary
A rooftop gazebo on a symmetrical modern seafront block was dismissed as harmful to the Great Weston Conservation Area and the host building. The Inspector uses the 2026 wording, "substantial weight should be given to the conservation of Heritage Assets", and does not grade the harm at all: no "less than substantial" and no degree (DL ¶15).

## What made the difference
Skyline prominence that broke the symmetry of a building the Inspector valued as a positive modern contribution to the conservation area. There were no public benefits to weigh, only private amenity (DL ¶¶12–16).

## Policy findings
- **HE6(1): harm (substantial weight).** off-centre skyline structure disrupts the symmetrical modern elevation and seafront roofscape; harm to Great Weston CA not graded (DL 12-15)
- **HE6(4): fail.** better living space is private; "none [public benefits] have been identified" (DL 16)

## Key facts
- Structure visible against the skyline in long views along the seafront
- Parties consulted on the 2026 Framework (DL 4)

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/e5ae622b-9165-498c-82e0-2c56943fb4be
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6005999

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6005999.html

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