Replacement of 14 windows with double glazed, flush fitting, white UVPC (white foil effect) leaded windows at Forge House 7 The Ring Chacombe OX17 2JJ
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Heritage & Conservation
Character & Appearance
Policy Weight
Inspector’s Reasoning
1
Appeal Decision
Site visit undertaken on 21 December 2023
by J Somers BSocSci (Planning) MA (HEC) MRTPI IHBC
an Inspector appointed by the Secretary of State
Decision date: 11 January 2024
Appeal Ref: APP/W2845/D/23/3316373
Forge House, 7 The Ring, Chacombe OX17 2JJ
• 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 Robert Blake against the decision of West Northamptonshire
Council.
• The application Ref WNS/2022/0754/FUL, dated 1 April 2022 was refused by notice
dated 8 December 2022.
• The development is described as ‘Replacement of 14 windows with double glazed, flush
fitting, white UVPC (white foil effect) leaded windows at Forge House 7 The Ring
Chacombe OX17 2JJ.’
Decision
1. The appeal is dismissed.
Procedural Matters
2. I have taken the Council’s description of the development as noted on the
Decision Notice for this Appeal as this more succinctly identifies the elements
requiring planning consent. It is noted that this description is also listed on the
Appellant’s Appeal form.
3. I note that both parties in their appeal documents reference the paragraphs of
the National Planning Policy Framework 2021 (the Framework). Since the
submission of the appeal, the 2021 version of the Framework has been
superseded by the 2023 version. The wording of the paragraphs of the new
Framework relevant to this appeal remain unchanged from the 2021 version
(except for new paragraph numbers) and therefore did not require to be
reassessed by either party in relation to this appeal. I have considered the
appeal on this basis and refer only to the updated 2023 Framework within my
decision.
Main issue
4. The main issue is the effect of the proposal on the existing building, the
surrounding locality, with special attention to whether the proposal would
preserve or enhance the character and appearance of the Chacombe
Conservation Area (CA).
Reasons
5. Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 requires a decision maker to give special attention to the desirability of
preserving or enhancing the character or appearance of a conservation area in
the determination of a planning application.
Appeal Decision: APP/W2845/D/23/3316373
2
6. With regards to undertaking alterations, relevant policies of the South
Northamptonshire Local Plan Part 2 (SNLP) Saved Policies SS2, SDP1 are
design led policies which seek that developments adhere to a number of
principles such as form, massing, designs, materials and detailing amongst
others. SNLP policies HE1, HE6 and HE7 as well as Policy BN5 of the West
Northamptonshire Joint Core Strategy Local Plan (Part 1) (WNJCS) are related
to understanding the significance of heritage assets, CA’s, and Non-designated
heritage assets and seek to preserve and enhance significance of heritage
assets.
7. The significance of the CA is detailed within the Conservation Area Appraisal
2015 where the settlement dates from Anglo-Saxon times. The settlement
contains medieval buildings alongside later seventeenth, eighteenth and
nineteenth century developments associated with agricultural prosperity. The
pattern and layout of the streets appears unchanged since medieval times with
historic dwellings fronting the road edge with the names of existing buildings
giving indications of their former historic use. The traditional vernacular of
buildings in this locality is local limestone and ironstone with Welsh slate and
tile roofing. The appeal site is located within Character Area 1: The Historic
Core. In this area key characteristics include the Historic street pattern;
Homogeneity of local materials in the older dwellings; Newer development set
back within plots; Traditional buildings fronting the edge of the plot; and an
Enclosed and intimate character, amongst others. The CA Appraisal notes the
appeal site as an ‘Other Significant Building’1 or non-designated heritage asset
in accordance with Paragraph 209 of the National Planning Policy Framework
(the Framework).
8. The older dwellings in this locality are typically constructed in the local
vernacular of stone, and have timber window frames with lead multi-paned
windows, with timber doors, and slate rooves. Whilst there are some examples
of unsympathetic alterations and materials, the continued use of traditional
materials and their relationship to the historic form and function of buildings is
also a key component of the significance of the CA.
9. It is noted that the CA Appraisal that the quality of the CA is being eroded, in
part, by negative features such as the inappropriate replacement and designs
of traditional windows, doors and roofing. The replacement of timber windows
with uPVC windows is identified as a particular problem and therefore the CA
Appraisal seeks to restore original glazing materials and configurations. An
Article 4 Direction is present on unlisted dwellinghouses in order to regulate the
appropriate installation of sympathetic features such as windows, etc.
10. Whilst the appeal property has been extended and altered to the rear,
externally from the Ring the building maintains a number of architectural
elements that are referred to in the CA Appraisal as positive attributes. The
appeal property is a historic building which has a significant 7 bay frontage to
the Ring. The dwelling is particularly prominent with 3 facades being
experienced within the public realm when heading along The Ring to Thorpe
Road.
11. Whilst I note comments from the Appellant that they believe the appeal
building “is not a Historic building needing to be conserved as such” and that
the appellant’s do not agree with the findings of the CA Appraisal, I have no
1 Figure 22- Important Spatial Features in Chacombe Conservation Area.
Appeal Decision: APP/W2845/D/23/3316373
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accompanying evidence in this appeal which would demonstrate the Appellant’s
concerns around the robustness of the document. The appeal building is a
positive historic building which assists in demonstrating the historic origins and
associated trades, evolution and construction of the village. It’s local use of
vernacular is particularly important for understanding the use of traditional
materials and reinforcing local character, and the distinctiveness of the area.
Whilst the appeal dwelling has been extended to the rear some of which are
considered inappropriate and unsympathetic materials and design. Despite this,
the appeal building still maintains a positive presence to the street scene and
the CA alongside the other historic buildings found along Main Street.
12. The windows to be replaced are timber side-hung casements with single glazed
windows with lead glazing bars. These windows would be replaced with uPVC
double glazed flush casement windows with imitation lead glazing bars with
frames that are 28mm thick.
13. Historic England advises in their guidance2 that replacement uPVC windows
“pose one of the greatest threats to the heritage value of historic areas,
particularly in towns and villages. Despite attempts at improving the design of
these windows they are instantly recognisable because they cannot match the
sections and proportions of historic joinery.”
14. I acknowledge that not all the windows to be replaced may be original,
however they are of appropriate materials, design and constructional
techniques which are authentic and characteristic of the period when the
building was constructed. I accept that the design of uPVC replacements has
become more sophisticated in recent years, however I do not agree that the
use of uPVC replacements would be ‘identical’ or as authentic as timber
windows.
15. Although no detailed plans or cross sections of the proposed windows have
been submitted with this Appeal, the quotation which has been submitted
showing general dimensions and thicknesses of glazing units at 28mm. The
frames and depth of glazing with imitation glazing bars are significantly thicker
in section to support the double panes, and as installed the proposed windows
at 28mm thick would contain a large gap between the glazing which
accentuates the reflectiveness of these uPVC units against the more matt and
uneven finish and appearance of a traditionally glazed window. The uPVC
windows would also maintain a perfect uniformed and manufactured finish that
lacks the finesse and craftsmanship of a traditionally constructed timber
window which ages over time. As such, it would be readily apparent that the
proposal would be modern uPVC replacements. As such I disagree that the
proposed windows would ‘significantly enhance the look of the building.’ The
proposed windows would materially diminish the architectural authenticity of
the dwelling and would have an incongruous and harmful effect on the
appearance of the CA. Despite this, the appropriateness of a window is not
solely related to the visual appearance of a window, but the authenticity of
building materials and local vernacular and how this relates to the heritage
values of this building as well as the broader significance of the CA.
16. I agree with the appellant that single glazed windows are not as
environmentally thermally efficient to today’s modern standards, and that in
some circumstances double glazed slimline units (as commented by the
2 Historic England (September 2017): ‘Traditional Windows: Their Care, Repair and Upgrading’
Appeal Decision: APP/W2845/D/23/3316373
4
Conservation Officer) or secondary glazing (as commented by the CA
Appraisal) can be other methods of achieving appropriate thermal efficiency.
However, from reading the Council’s Planning Officer Report, the main concern
raised in the appeal is regarding the change from timber to uPVC and the
resultant thickness of the windows, rather than the change from single to
double glazing. I also note comments from the Appellant that the cost of
wooden frames is substantially higher than those made of UPVC, have much
higher maintenance costs, and have a much shorter lifetime. However, I have
not been presented with substantive evidence to suggest that the proposed
uPVC windows would significantly outperform well installed and maintained
double glazed timber windows which would also meet current building, security
and fire safety regulations.
17. I can also appreciate comments made by the Appellant that there is evidence
within the village of historic buildings such as part of the old School House with
uPVC windows and also on more modern bungalows opposite, although these
modern dwellings are not comparable to the Appeal property. With regards to
the historic buildings containing uPVC windows, I have not been given details
as to why these buildings contain the use of uPVC, which may have also been
installed without consent, or potentially before designation of the CA and
associated Article 4(2) direction. In any event, the orientation of the appeal
property is much more prominent than the properties suggested and the
presence of uPVC windows elsewhere in the street is not a strong point in
favour of the appeal scheme as the CA Appraisal identifies their presence as a
specific problem in which it is trying to resolve.
18. In conclusion of this matter it is clear to me that the proposal would
unacceptably harm the appearance of the appeal building, thus failing to
preserve the character and appearance of the wider CA. The proposed scheme
would therefore conflict with Paragraph 208 of the Framework, SNLP Saved
Policies SS2, SDP1, HE1, HE6 and HE7 and WNJCS Policy BN5 as described
previously.
19. Although serious, the harm to the heritage asset in this case would be ‘less
than substantial,’ within the meaning of the term in paragraph 208 of the
Framework. Paragraph 206 of the Framework states that any harm to, or loss
of, the significance of a designated heritage asset requires clear and convincing
justification. Paragraph 208 of the Framework requires that, where a proposal
would lead to less than substantial harm, the harm should be weighed against
the public benefits of the proposal. I have also considered Paragraph 209 of the
Framework where in relation to non-designated heritage assets a balanced
judgement will be required having regard to the scale of any harm or loss and
the significance of the heritage asset.
20. The Appellant has suggested that the public benefits of the scheme would be
that the proposed uPVC windows would look better than the existing windows,
and have a better environmental impact than single glazed windows.
Additionally, the installation of windows would have economic benefits in the
short term employment of labourers. However, these benefits are not unique to
this particular scheme, and as discussed, there may be other, more acceptable,
ways in which these same public benefits could be achieved which are more
appropriate to the development plan.
Appeal Decision: APP/W2845/D/23/3316373
5
21. I therefore find that the public benefits arising from the proposed development
would not outweigh the harm I have identified. The scheme therefore conflicts
with the Framework, which directs, at paragraph 205, ‘that great weight should
be given to the asset’s conservation … irrespective of whether any potential
harm amounts to substantial harm, total loss or less than substantial harm to
their significance.’
Conclusion
22. For the reasons given above, the appeal is dismissed.
J Somers
INSPECTOR
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