Replace single glass wooden casement windows and single glazed wooden front door with modern double glazed equivalent. The replacements will be double glazed uPVC sash windows and a composite door
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Heritage & Conservation
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 5 January 2022
by C Shearing BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3 February 2022
Appeal Ref: APP/L2250/D/21/3276849
14 New Street, Lydd TN29 9DJ
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by Mr Andrew Lissamore against the decision of Folkestone and
Hythe District Council.
• The application Ref 21/0347/FH dated 20 January 2021, was refused by notice dated 21
April 2021.
• The development proposed is “Replace single glass wooden casement windows and
single glazed wooden front door with modern double glazed equivalent. The
replacements will be double glazed uPVC sash windows and a composite door.”
Decision
1. The appeal is allowed and planning permission is granted to “replace single
glazed wooden casement windows and door with double glazed uPVC sash
windows and a composite door” at 14 New Street, Lydd TN29 9DJ in
accordance with the terms of the application, Ref 21/0347/FH, dated 20
January 2021, subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans: Site Location Plan and Block Plans titled “14,
New Street, Lydd, Kent, TN29 9DJ”; untitled door specification and door
cross section; “Detail Sheets- Vertical Section V1”; “Detail Sheets Vertical
Section-V3”; “Detail Sheets- Horizontal Section- H1”; “Existing front
elevation”; Window specifications contained in document titled “Vertical
Slider Windows” by Spectus Window Systems.
Preliminary Matters
2. The Council have amended the description of development to describe the
proposals more succinctly and this has been used by the appellant on the
appeal form. I have therefore used the following description in the assessment
of this appeal: “Replace single glazed wooden casement windows and door with
double glazed uPVC sash windows and a composite door.”
3. During the course of the appeal the revised National Planning Policy Framework
(the Framework) was published. There are no substantive changes relevant to
the appeal before me and therefore no interested parties would be prejudiced
by my consideration of the 2021 version of the Framework.
Appeal Decision APP/L2250/D/21/3276849
2
Main Issue
4. The main issue is whether the development proposed would preserve or
enhance the character or appearance of the Lydd Conservation Area.
Reasons
5. The appeal property is a red brick building situated within the Lydd
Conservation Area. The historic core of the Conservation Area is characterised
by relatively tight knit buildings lining narrow streets which surround the
Church and its grounds. The buildings on New Street sit close to the edge of
the street and vary in their period, character and design, and include a number
of more modern infill developments.
6. The appeal property is one of three terraced dwellings of which numbers 14
and 12 New Street have their front doors facing the street. The materials and
design of the windows facing the street in all three properties varies.
7. Based on the evidence available, I understand the existing windows in number
14 to be later additions to date from the 1960s or 70s. The Council suggest
that the original window form in this location would have been wooden sashes
and I have no reason to disagree. In terms of the design of the windows
proposed and their method of opening, they would match those on number 12
and would reinstate some consistency in the window designs in this terrace
while also better respecting the original window designs of the property. The
Council have raised concerns for the inclusion of horns within the sash
windows. However these would match those existing on the neighbouring
property at number 12 and I consider this to be an acceptable design feature in
this context.
8. I appreciate the concerns that the use of uPVC would introduce thicker window
frames than the existing timber, and that uPVC is not a material traditionally
used on historic buildings. However in this particular case, the proposed use of
uPVC frames would match that on the large majority of buildings on this side of
New Street, where uPVC windows exist on multiple properties of varying age
and character. Those other uPVC frames within the street vary in their
thickness and detailed design, and I note the Council’s concerns for the
appearance of the uPVC windows that exist on one of the attached buildings.
However based on the information available, including detailed sections and
images of the proposed window frames, I am satisfied that the proposed design
and thickness of the frames has been carefully considered and would likely
appear as an improvement on many existing in the immediate area including
those in this terrace. In combination with the retention of the surrounding
wooden window structures as described by the appellant, I am satisfied that
the windows proposed would sit comfortably in this context.
9. I appreciate that many of these nearby properties may not have planning
permission for the installation of such windows, nonetheless they are in such
abundance that they form an established part of the character of this side of
New Street.
10. Overall, taking into account the unoriginal design of the existing windows, the
prevailing appearance of windows in this particular part of the Conservation
Area, and as the proposals would reintroduce a design that would reinstate
some consistency with the neighbouring property, I am satisfied that the
Appeal Decision APP/L2250/D/21/3276849
3
proposals would preserve the character and appearance of the property and of
the Lydd Conservation Area.
11. With regard to the replacement door, the Council consider the proposed
replacement to be an improvement to the current situation in terms of its
appearance, with the exception of the double glazed elements. However the
framing to the glazing would be integral within the door design and would not
facilitate additional bulky frames. When viewed in the context of the other
windows in the property, and again the varied appearance of glazed panels
within doors in this streetscape, I do not consider that harm would be caused
by the areas of double glazing.
12. While timber sash windows may be the most appropriate to the character and
appearance of this historic building, this is not the proposal before me and it
falls to be considered whether the development proposed is acceptable.
13. I therefore find that in this particular case, the development proposed would
not cause harm to the heritage asset of the Conservation Area and would
preserve the character and appearance of the Lydd Conservation Area. It
therefore follows that the proposals would adhere to the aims of policies HE1
and HB1 of the Places and Policies Local Plan 2020 which, among other things,
require proposals to make a positive contribution to their location and
surroundings and promote appropriate and viable use of heritage assets. The
development would also comply with the principles of paragraph 199 of the
Framework.
Conditions
14. The Council have suggested a number of conditions. I have considered these
against advice contained in the Framework and Planning Practice Guidance. I
have imposed a condition requiring compliance with the supporting plans and I
consider this to be necessary as my assessment and the acceptability of the
proposals is based on the specific information which has been provided. As the
application form contains information that is at odds with the submitted
drawings, I have not included reference to the details in this form, only the
supporting plans and drawings.
Conclusion
15. For the reasons discussed above, having taken account of the development
plan as a whole and all other relevant material considerations, I conclude that
the appeal should be allowed.
C Shearing
INSPECTOR
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