Appeal 6004107

The appeal is allowed and listed building consent is granted for replacement Victorian style timber sash window at [site address] in accordance with the terms of the application reference WD/2025/1335/LB and the plans submitted with it and subject to the following

The works hereby permitted shall begin not later than three years from the date of this decision.

As the works relate to a listed building, I have had special regard to section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act).

The main issue is whether the proposal would preserve a [name] listed building, known as ‘ [site address] ’ (Ref: 1181219), and any features of special architectural or historic interest that it possesses.

[site address] is a two storey, detached dwelling, with basement. It is a [name] listed building, which dates back to the 18th century and contains 19th century additions. The front elevation is finished with white weatherboarding and contains casement windows, with diamond shaped panes. The side elevation is constructed of red brick, which is laid in English garden wall bond and features a number of windows. The building has a historic association with [name], who invented the [name]. Smith resided in the building during the 19th century and used the ground floor as his workshop.

Based on my site visit and the evidence before me, I find that the listed building’s special interest insofar as is relevant to this appeal is derived from its historic and architectural interests as an illustration of domestic architecture from the 18 th century. The building’s surviving historic fabric, presence of traditional materials and its association with [name] make important contributions in these regards.

The proposal seeks to replace a single glazed, timber, sash window, with a new timber sash window, which would feature slimline double glazing. The existing window is in a poor condition and the paint is flaking off. It was evident at my site visit that the timber has been exposed to the elements for some time, which has caused the frame to deteriorate. While the window is traditional in character, the appellant advises that the window is likely to be of mid-20th century origins. The age of the window is not disputed by the Council. I find that the window, by reason of its poor condition and the presence of an unsightly plastic vent within one of the panes, currently detracts from the special interest of the listed building.

The Council argues that a condition survey has not been carried out by an appropriately qualified or experienced specialist, nor that it has been demonstrated that the window is beyond viable repair. However, the appellant has submitted a detailed [name] and I was able to assess the condition of the window during my site visit.

The proposal would not result in the loss of any original fabric that contributes to the special interest of the listed building. The replacement window seeks to replicate the existing in respect to design, materials and finish. It would be constructed of timber and would have horns. The appellant proposes to reuse the existing ironmongery and sash weights if serviceable, otherwise new matching ironmongery would be fitted. Although the other windows on this side elevation are of a different design, they are modern, constructed of timber and feature slimline double glazing. Accordingly, I find that the proposal would be in keeping with the other fenestration on this elevation.

Given that the heritage value of the existing window is limited and as a result of its poor condition and other modern interventions, I find that the proposal would preserve the special interest of the listed building. Consequently, the proposal would satisfy the requirements of the Act and the historic environment policies of the National Planning Policy Framework. The proposal would also comply with Policy SPO2 of the Wealden District Core Strategy Local Plan, February 2013. This policy among other things seeks to ensure that the intrinsic quality of the historic environment is protected.

In the interests of certainty, a condition specifying the timescale for works to begin is necessary. An approved plans condition is not necessary, as there is no provision for a minor material amendment to a listed building consent.

For the reasons given above, the appeal is allowed.