Application under Section 73a of the Town and Country Planning Act 1990 for the installation of replacement windows

The Principal Planning Officer introduced the application for the installation of replacement windows under Section 73A of the Town and Country Planning Act 1990. Members’ attention was drawn to the Schedule of Additional Letters which summarised the recently received appeal dismissal in respect of Lavender Barn, Clive (Ref APP/l324/W/17/3166592) and it’s relevance to the application.  

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Mellings as local ward councillor, made a statement and then left the table, took no part in the debate and did not vote on this item. During his statement, the following points were raised:

·         The replacement windows did not cause significant harm to the character of the Chapel;

·         The Chapel was not listed, not located within a conservation area and was situated within an isolated rural location;

·         The original arched apertures of the windows had not changed;

·         The roof light windows and the bricking up of a window had more of a detrimental effect on the character of the building;

·         The Parish Council and comments from the general public supported his view that the character of the Chapel had not been harmed; and

·         Urged the Committee to take a pragmatic view and to consider the application within the context of the area.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Dee as local ward councillor, made a statement and then left the table, took no part in the debate and did not vote on this item. During her statement, the following points were raised:

·         She was pleased to see the building saved from dilapidation;

·         The original windows were not practical for modern living; and

·         The replacement windows improved the look of the building which was still easily recognisable as a former Chapel.

Peter Richards, agent on behalf of the applicant spoke in support of the proposal in accordance with Shropshire Council’s Scheme for Public Speaking at Planning Committees.

During the ensuing debate, Members expressed differing views.   Some expressed the view that as the original arched apertures remained, the new windows did not harm the character of the Chapel. Other Members supported the Officer’s recommendation to refuse the application, as they considered the replacement windows to be unsympathetic to the character of the building, particularly when considering the application in light of the recent appeal dismissal that had been referred to by the Principal Planning Officer.

RESOLVED:

That planning permission be refused for the following reason:

It is considered that the replacement of the existing windows has resulted in the loss of major features within the overall design and distinctive architectural style of the building, and further that the replacement windows that have been installed are incongruous windows of inappropriate design, proportions and materials. The Local Planning Authority considers this has served to significantly detract from the character of the building, harming its significance and diminishing its’ value as a local heritage asset.  The application is unsupported by a Heritage Assessment to demonstrate or provide justification otherwise.  On balance, therefore, the application is considered contrary to adopted planning policies CS5, CS6 and CS17 of the Shropshire Core Strategy; MD2, MD7(a) and MD13 of Shropshire SAMDev Plan and the Supplementary Planning Document on the Type and Affordability of Housing, together with the national guidance set out in section 12 and paragraph 135 of the NPPF.