A planning application to convert an old chapel into a 1 bedroom house in Oxfordshire has been granted on appeal, even though the development could have an effect on an adjacent protected horse chestnut tree.
The two-storey building that is going to be converted dates back to the early 1800s and was used as storage for a paper mill before being converted into a chapel in 1914. Although it is considered a heritage asset, the building was not designated.
The issue with the proposed development wasn't necessarily the conversion, but a large horse chestnut tree, around 175 years old and approximately three metres away from the building. As such trees typically only last around 150 years, the tree is considered to have high local amenity value and is also protected by a tree preservation order. However, as the tree is 16 metres taller than the building, and the canopy extends over the roof of the building, South Oxfordshire District Council rejected the planning application over fears that the temptation to prune the tree to improve the residents' living conditions would put the tree at risk of dying, despite the fact that the Council is keen to preserve the building for its heritage value.
On appeal, the planning inspector agreed that several factors, including the swaying of the tree during bad weather, could tempt residents into pruning the tree. However, the inspector concluded that the only viable use for the old building would be residential, given the limited access to it, meaning that is the most realistic way of preserving the building. The inspector also pointed out that because the tree is protected, any occupier of the building would have to accept the fact that the tree is there and is a constraint on their occupancy of the building.
As a result, the inspector allowed the appeal, giving weight to the fact that the heritage asset would be saved, which is something the Council did want. On balance, the desire to preserve the building outweighed fears for the tree.
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