Case 3274380

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE

Uttlesford District Council — appeal allowed

Outcome
Allowed
Decision date
7 January 2022
Authority
Uttlesford District Council
Inspector
Chamberlain G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Ms Alison Nudd
Agent
Andrew Martin - Planning
LPA reference
UTT/21/0639/HHF
ONS LPA code
E07000077
Jurisdiction
Transferred
Link status
Lead
Start date
29 September 2021

Summary AI

The inspector considered the appeals against the refusal of planning permission and listed building consent for the removal and replacement of an unauthorized window at Brick House Farm. The proposal would preserve the significance and value of the listed building, adhering to the Planning (Listed Buildings and Conservation Areas) Act 1990 and the National Planning Policy Framework. The appeals were allowed.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions Site visit made on 4 January 2022 by Graham Chamberlain BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 07 January 2022 Appeal A - Ref: APP/C1570/W/21/3274380 Brick House Farm, Cherry Street, Duton Hill, Tilty, Essex CM6 2EE • 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 Ms Nudd against the decision of Uttlesford District Council. • The application Ref UTT/21/0639/HHF, dated 25 February 2021, was refused by notice dated 23 April 2021. • The development proposed is described as ‘Removal of unauthorised window on north elevation and replacement with new window’. Appeal B - Ref: APP/C1570/Y/21/3274379 Brick House Farm, Cherry Street, Duton Hill, Tilty, Essex, CM6 2EE • The appeal is made under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a refusal to grant listed building consent. • The appeal is made by Ms Nudd against the decision of Uttlesford District Council. • The application Ref UTT/21/0640/LB, dated 25 February 2021, was refused by notice dated 23 April 2021.

Page 1 · Chunk 1 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions • The works proposed are described as ‘Removal of unauthorised window on north elevation and replacement with new window’. Decisions 1. Appeal A - The appeal is allowed, and planning permission is granted for the removal of an unauthorised window on the north elevation and its replacement with a new window at Brick House Farm, Cherry Street, Duton Hill, Tilty, Essex CM6 2EE, in accordance with the terms of the application, Ref: UTT/21/0639/HHF, dated 25 February 2021 and subject to the following conditions. 1) The development hereby permitted shall commence not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 20036_12 (Existing window to be replaced) and 20036_13 (Proposed replacement window). 2. Appeal B - The appeal is allowed, and listed building consent is granted for the removal of an unauthorised window on the north elevation and its replacement with a new window at Brick House Farm, Cherry Street, Duton Hill, Tilty, Essex CM6 2EE, in accordance with the terms of the application, Ref: UTT/21/0640/LB, dated 25 February 2021 and the plans submitted with it, and subject to the following condition.

Page 1 · Chunk 2 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions 1) The works hereby authorised shall commence not later than 3 years from the date of this consent. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions 1) The works hereby authorised shall commence not later than 3 years from the date of this consent. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions Appeal Decisions APP/C1570/Y/21/3274379 & APP/C1570/W/21/3274380 Preliminary Matters 3. I have considered the appeals concurrently, but on their own merits, because there are common matters between them. I have taken the descriptions of development/works from the appeal forms in the interests of brevity. Reasons 4. The main issue in both appeals is whether the proposal would preserve the Grade II listed building known as Brick House Farm1, or any features of special architectural or historic interest it possesses. 5. Brick House Farm was listed in 1967 and probably dates from the late 15th or early 16th Century. The historic core is timber framed and the elevations are simple in appearance with plastered walls and a red plain tiled roof. The building was subdivided in the mid-20th Century to create two dwellings. The appeal property has been altered over time, most notably with a 19th Century extension and another in the late 1990s. Nevertheless, the building is still clearly discernible as a post medieval vernacular dwelling. It therefore tells us much about historic construction techniques, the evolution of houses and bygone ways of life. The building also has a simple rural charm.

Page 2 · Chunk 5 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions Accordingly, the significance of the listed building, in so far as it relates to these appeals, is its evidential, historic and aesthetic value. 6. Some of the windows in the building appear to be 19th Century flush fitting timber casements that are single glazed. The windows are painted white with black surroundings to distinguish them from the white painted walls. This appears to be a traditional local finish. The windows are a repository of 19th Century technology and fashion and are of considerable aesthetic and evidential value. The windows are therefore an important part of the building’s significance and value. 7. The window positioning, size and style in the front road facing elevation has some structure and balance, as is to be expected on the public frontage. The windows to the rear are more ad hoc in terms of size and positioning, although four light casements still predominate. The window placement in the north elevation has little apparent balance or structure and includes four and six light casements as well as a 12-light window with a horizontal emphasis. That said, the windows are white painted timber with the black surround, which provides some harmony. 8.

Page 2 · Chunk 6 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions The existing unauthorised window in question has an unpainted timber finish and appears to have a wood stain applied. It incorporates ornate stain glass and windowpanes held in place by lead. The design of the window is wholly out of keeping with the other simple casement windows found elsewhere on the building. As a result, its removal would enhance the listed building. That said, removing a harmful unauthorised window would not justify the replacement window now proposed, as there are other options open to the Council to remedy this. Similarly, providing natural light into a hallway would not be adequate justification, especially as a previous window was blocked in. 9. Nevertheless, the proposed window would be small and subtly sited in a side elevation where there is little discernible pattern to the positioning of windows. As a result, it would not upset the rhythm of the fenestration. Moreover, the 1 Listed as Brickhouse Farmhouse https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions Appeal Decisions APP/C1570/Y/21/3274379 & APP/C1570/W/21/3274380 window would be white painted timber with a black surround as is typical and consistent with others elsewhere on the building. Furthermore, the thin horizontal bar would allow the design of the windowpanes to echo the size and rectangular shape of the other casement windows in the building. The use of butt hinges, single glazing and traditional stays would also afford the window a sense of authenticity. Consequently, the window would have a neutral impact on the significance of the building. 10. Drawings from 1997 (submitted by the appellant) confirm that the existing unauthorised window was not present at that time. Therefore, creating the opening for the window would have resulted in the removal of some of the fabric of the building. The Council’s advisor from Place Services suggests it was ‘historic’ fabric. However, they do not appear to have visited the site, so their comments need to be taken with some caution, especially as they do not explain what fabric has been lost and its likely period and significance. There is no indication from the Council that any special feature was lost. 11.

Page 3 · Chunk 8 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions The list description refers to a lean-to extension at the northern end of the building, so it is likely the hall in the lean to that the window would serve predates 1967. However, the lean-to probably dates from a later phase in the building’s evolution and is therefore of lesser interest than the early modern core. As a result, it is likely that a very small area of low evidential value was removed. Thus, the evidence before me indicates that creating the opening had a neutral effect on the building’s significance. 12. In conclusion, the proposal would preserve2 the significance, value and special interest of the listed building. As a result, it would adhere to the expectations set out in The Planning (Listed Buildings and Conservation Areas) Act 1990 (the ‘Act’)3 and the National Planning Policy Framework4. The proposal would also adhere to Policies GEN2 and ENV2 of the Uttlesford Local Plan 2005 in so far as relevant, which seek good design and to secure proposals that protect the special characteristics of listed buildings. Conditions 13. I have had regard to the advice in the Planning Practice Guide and the conditions suggested by the Council. Commencement conditions are required in respect of both appeals.

Page 3 · Chunk 9 Appeal Decisions

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Appeal Decisions It is necessary to impose a plans condition on Appeal A in the interests of certainty. Conclusions 14. For the reasons given the appeals are allowed.

Page 3 · Chunk 10 Graham Chamberlain

Brick House Farm, Cherry Street, Duton Hill, Dunmow, Essex, CM6 2EE — Uttlesford District Council — Graham Chamberlain INSPECTOR 2 Preserve in this context means to do no harm. 3 See s16(2) and s66(1) as relevant 4 Paragraphs 189, 190, 195 and 197 in particular https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
Against appellant
¶5

The building is a Grade II listed building, and the proposal would enhance the listed building by removing a harmful unauthorized window.

Heritage impact
Against appellant
¶8

The existing unauthorized window is out of keeping with the other simple casement windows found elsewhere on the building, and its removal would enhance the listed building.

Heritage impact
For appellant
¶9

The proposed window would have a neutral impact on the significance of the building, and would not upset the rhythm of the fenestration.

Living conditions
Against appellant
¶10

Creating the opening for the window would have resulted in the removal of some of the fabric of the building, although the evidence indicates that this had a neutral effect on the building's significance.

Policies relied on

Reference Weight
The Planning (Listed Buildings and Conservation Areas) Act 1990
Determinative
The National Planning Policy Framework
Determinative
Policies GEN2 and ENV2 of the Uttlesford Local Plan 2005
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 7 January 2022 under the Open Government Licence.