Case 3276370

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT

Southend-on-Sea City Council — appeal dismissed

Outcome
Dismissed
Decision date
10 December 2021
Authority
Southend-on-Sea City Council
Inspector
Pannell G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Householder developments
Appellant
Mr Graham Sergeant
LPA reference
21/00305/FUL
ONS LPA code
E06000033
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 September 2021

Summary AI

The appeal for replacement sash windows with UPVC windows in a Conservation Area was dismissed due to the potential harm to the character and appearance of the area. The inspector found that the replacement windows would detract from the quality of detailing and not contribute to the significance of the host building.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — Appeal Decision Site visit made on 30 November 2021 by G Pannell BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 10th December 2021 Appeal Ref: APP/D1590/W/21/3276370 15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT • 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 Graham Sergeant against the decision of Southend-on-Sea Borough Council. • The application Ref 21/00305/FUL, dated 15 February 2021, was refused by notice dated 9 April 2021. • The development proposed is the replacement of current wooden sash windows with sash style UPVC windows. Decision 1. The appeal is dismissed. Preliminary Matters 2. The windows are already in place. The reference to the proposal being retrospective is superfluous and I have left it out of my decision. 3. Following the Council’s decision, the National Planning Policy Framework (the Framework) was revised on 20 July 2021. The Council and appellant have had an opportunity to comment on the implications of these changes through their submissions. Main Issue 4.

Page 1 · Chunk 1 Appeal Decision

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — Appeal Decision The main issue is the effect of the development on the character and appearance of the Leigh Cliff Conservation Area. Reasons 5. The appeal site is a semi-detached dwelling, which is located within the Leigh Cliff Conservation Area. The Leigh Cliff Conservation Area Appraisal 2010 (CAA) describes the general character of the area, which consists of rows of highly attractive mostly semi-detached homes with bay windows, which are of significant group value. The rows of similarly designed Victorian and Edwardian houses are a dominant feature and their well-preserved sliding sash windows play a key role in defining the original character of the street. The CAA notes that Nos 11a-15 are quite well preserved though both divided into flats. As a shared and unifying feature these make a significant contribution to the group value present in the area. 6. The appeal proposal seeks to regularise the replacement of the existing sash windows at first floor with double glazed UPVC units. A building’s fenestration is an important component in defining its visual and architectural character. The https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — Appeal Decision Appeal Decision APP/D1590/W/21/3276370 proposal results in the loss of the original windows which contribute to the significance of the Conservation Area. There is insufficient evidence before me to demonstrate that the original windows could not have been repaired and upgraded to improve their thermal performance and as a result I do not consider there is justification to allow the replacement of the existing windows. 7. The replacement windows have been designed to replicate the appearance of traditional timber sashes. However, the chunky detailing and the top hung opening method does not provide an accurate replica and the use of UPVC is discernibly different in both materials and character to the traditional windows within the Conservation Area. 8. As a result, the replacement windows alter the appearance of the existing dwelling and detract from the quality of detailing which is evident in the neighbouring properties, and which contributes to the character of the Conservation Area.

Page 2 · Chunk 3 Appeal Decision

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — Appeal Decision It is considered that the detailing and the resulting change in appearance, from the introduction of double glazed UPVC windows, does not contribute to the significance of the host building and therefore fails to preserve or enhance the Conservation Area. 9. I have considered the other examples that have been drawn to my attention in Seaview Road and also the legal cases cited by the appellant which have considered replacement UPVC windows in Conservation Areas. However, the circumstances that lead to those windows being considered acceptable may not be directly comparable to the appeal site. Furthermore, the examples within Seaview Road add to my concern about the incremental harm which arises from the replacement of the original features. Therefore, I have not been able to come to the same conclusion with regard to the proposed UPVC windows subject to this appeal. 10. In line with paragraph 199 of the Framework, when considering the impact of a proposed development, great weight should be given to its conservation. Given that the proposal would be of a relatively small scale in the context of that of the Conservation Area, I find the harm to the heritage asset to be less than substantial in this instance. 11.

Page 2 · Chunk 4 Appeal Decision

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — Appeal Decision Under such circumstances, paragraph 202 of the Framework advises that this harm should be weighed against the public benefits of the proposal. The appellant has outlined some benefits associated with the scheme, such as the improved thermal efficiency provided by double glazing, the condition of the existing windows and the prevalence of UPVC windows in the vicinity. However, I do not consider that these amount to a public benefit arising from the proposal. Therefore, there is no public benefit sufficient to outweigh the harm. 12. I conclude therefore that the proposed development would fail to preserve or enhance the character and appearance of the Leigh Cliff Conservation Area. This would be contrary to policies KP2 and CP4 of the Southend on Sea Core Strategy (2007) which seeks to secure improvements to the urban environment through quality design and safeguard and enhance the historic environment, including Conservation Areas. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — Appeal Decision Appeal Decision APP/D1590/W/21/3276370 13. It would also be in conflict with policies DM1, DM3 and DM5 of the Southend on Sea Development Management Document (2015) which together seek to ensure that development reinforces local distinctiveness and gives appropriate weight to the preservation of a heritage asset, ensuring that alterations make a positive contribution to the character of the original building. In addition, any harm to a designated asset will be weighed against the impact on the significance of the asset and the public benefits of the proposal. Conclusion 14. For the reasons given above I conclude that the appeal should be dismissed.

Page 3 · Chunk 6 G Pannell

15a Seaview Road, Leigh-On-Sea, Essex, SS9 1AT — Southend-on-Sea City Council — G Pannell INSPECTOR 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
¶6

The inspector found that the replacement windows would result in the loss of the original windows, which contribute to the significance of the Conservation Area. There was insufficient evidence to demonstrate that the original windows could not have been repaired and upgraded.

Heritage impact
Against appellant
¶7

The inspector found that the replacement windows, although designed to replicate the appearance of traditional timber sashes, do not provide an accurate replica and use UPVC, which is discernibly different in materials and character to the traditional windows in the Conservation Area.

Heritage impact
Against appellant
¶8

The inspector found that the replacement windows alter the appearance of the existing dwelling and detract from the quality of detailing in the neighbouring properties, contributing to the character of the Conservation Area.

Heritage impact
Against appellant
¶10

The inspector found that the harm to the heritage asset is less than substantial, but there are no public benefits to outweigh the harm.

Planning obligations
Against appellant
¶11

The inspector found that the benefits associated with the scheme, such as improved thermal efficiency and the prevalence of UPVC windows in the vicinity, do not amount to a public benefit sufficient to outweigh the harm.

Policies relied on

Reference Weight
NPPF 199
Determinative
NPPF 202
Determinative
CP4 of the Southend on Sea Core Strategy (2007)
Determinative
DM1, DM3 and DM5 of the Southend on Sea Development Management Document (2015)
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 10 December 2021 under the Open Government Licence.