Appeal success for WHC!!
A locally listed public house, the only amenity in the village, sought permission to consolidate and rework the existing building and extensions. The public house was built in the mid-19th century as a coaching inn. The building is located within a conservation area, adjacent to listed buildings and in the Green Belt.
The works were necessary for the continued use and viability of the business and to be able to attract and retain quality staff. The building had not been updated in many years and areas like the kitchen, storage and public toilets were now inadequate and past best use. Other works included providing an accessibility ramp, relocation of refuse and bins, removal of an unauthorised bar structure which improves and enhances the conservation area and making the existing covered area of the restaurant at the rear comfortable year-round.
A pre-application was carried out to gauge the council’s stance on the proposal in advance of a full application. Several concerns were raised by the conservation officer, whilst the planning officers were minor. The proposal was amended accordingly and submitted as a full planning application. We were told that the conservation officers’ stance had not changed since the pre-app and that the application was likely to be refused.
Numerous attempts to have a meaningful discussion with the conservation officer were made but were unsuccessful. Their concerns were, in our view, inaccurate and unfounded. Attempts were made to demonstrate the misunderstanding to get the project approved.
In November 2025 the application was refused. The project team met to discuss options, and it was agreed that appealing the decision was the best option. Working alongside the planning consultant and architect, WHC drafted an appeal statement that set out to prove the council’s concerns unfounded. Interestingly, the council did not include a statement with the appeal documents, which meant they relied solely on their response to the refused application.
During this time the latest version of the National Planning Policy Framework had been issued and was in immediate effect. Fortunately, the Inspector stated that, ‘any policies that are material to this decision have not fundamentally changed in the Framework. As a result, I consider that there is no requirement for me to seek further submissions on the revised Framework, and I am satisfied that no party’s interests have been prejudiced by my approach.’
The appeal was allowed and planning permission granted by the Inspector in August 2026. They considered the main issues to be:
• The effect of the proposal on the significance of the non-designated heritage asset;
• Whether the proposal would preserve or enhance the character or
appearance of the conservation area;
• The effect of the proposal on the setting of the adjacent listed buildings; and
• The effect of the proposal on the living conditions of the adjacent neighbours.
The success of the appeal demonstrates that it is always worth considering challenging the local authority. It is unclear if and how the latest version of the NPPF will impact heritage related appeals as it will need to be tested. In addition, it has already been established that all applications must be ‘appeal ready’ when submitted with little opportunity to add any supplemental information.
Therefore, always make sure you have a strong experienced team onboard to help you navigate the ever-changing planning system.
If you have a heritage related project you would like to discuss, feel free to contact WHC for a free initial consultation. Visit our website https://www.weiserheritageconsultancy.co.uk/
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