Case 3277278

Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH

Folkestone and Hythe District Council — appeal allowed

Outcome
Allowed
Decision date
11 February 2022
Authority
Folkestone and Hythe District Council
Inspector
Hall C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr S Spencer
Agent
Consilium Town Planning Services Limited
LPA reference
21/0084/FH
ONS LPA code
E07000112
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 October 2021

Summary AI

The appeal for proposed uPVC sliding sash windows, cedral lap cladding, and other improvements to a property in a Conservation Area was allowed. The Inspector found that the development would not harm the character and appearance of the building, the Conservation Area, and the setting of the Listed Building.

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

PDF text

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council | | Appeal Decision | | --- | --- | | S | ite visit made on 20 January 2022 | | b | y C Hall BSc MPhil MRTPI | | a | n Inspector appointed by the Secretary of State | | D | ecision date: 11 FEBRUARY 2022 |

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council | | Appeal Decision | | --- | --- | | S | ite visit made on 20 January 2022 | | b | y C Hall BSc MPhil MRTPI | | a | n Inspector appointed by the Secretary of State | | D | ecision date: 11 FEBRUARY 2022 | | | Appeal Ref: APP/L2250/W/21/3277278 | | --- | --- | | | The Flat, 31-33 Sandgate High Street, Sandgate CT20 3AH | | | • 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 Sonny Spencer against the decision of Folkestone & Hythe | | | District Council. | | | • The application Ref 21/0084/FH, dated 17 January 2021, was refused by notice dated | | | 26 March 2021. | | | • The development is for proposed uPVC sliding sash windows in ash white, cedral lap | | | cladding in ash white, composite front door in ash white, installation of solar PV on rear | | | roof & the installation of heat pumps. |

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council | | Appeal Ref: APP/L2250/W/21/3277278 | | --- | --- | | | The Flat, 31-33 Sandgate High Street, Sandgate CT20 3AH | | | • 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 Sonny Spencer against the decision of Folkestone & Hythe | | | District Council. | | | • The application Ref 21/0084/FH, dated 17 January 2021, was refused by notice dated | | | 26 March 2021. | | | • The development is for proposed uPVC sliding sash windows in ash white, cedral lap | | | cladding in ash white, composite front door in ash white, installation of solar PV on rear | | | roof & the installation of heat pumps. |

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council Decision 1. The appeal is allowed and planning permission is granted for proposed uPVC sliding sash windows in ash white, cedral lap cladding in ash white, composite front door in ash white, installation of solar PV on rear roof & the installation of heat pumps at The Flat, 31-33 Sandgate High Street, Sandgate CT20 3AH in accordance with the terms of the application, ref: 21/0084/FH, dated 17 January 2021, and the plans submitted with it (site location plan, DS/2022/a, before and after photographs). Preliminary Matter 2. At my site visit, I saw that the development has been completed and I note that the application has been submitted retrospectively. Main Issue 3. The main issue is the effect of the development on the character and appearance of the building, the Sandgate High Street Conservation Area (CA) and the setting of the Listed Building at 26-30A High Street (LB). Reasons 4. The appeal site lies within the CA and relates to a two-storey property on the junction between Sandgate High Street and Granville Road East.

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council I have applied the statutory duty in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and paid special attention to the desirability of preserving or enhancing the character or appearance of the CA and the nearby Listed Building by attaching considerable importance and weight to that desirability. _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council I have applied the statutory duty in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and paid special attention to the desirability of preserving or enhancing the character or appearance of the CA and the nearby Listed Building by attaching considerable importance and weight to that desirability. _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council Appeal Decision APP/L2250/W/21/3277278 ___________________________________________________________________________________________ 5. According to the Sandgate Conservation Area Appraisal, the special architectural and historic interest of the CA derives from its linear layout and coastal location, offering a succession of interesting views along its length as well as intimate lateral ones looking out towards the sea or into the hills to the north, and the large number of historic buildings. A large section of the CA is taken up by Sandgate High Street; a long, busy thoroughfare lined with shops. The CA also includes lanes and roads leading off the High Street, including Granville Road East which according to the Appraisal contains confined, often picturesque views in both directions. 6. To the front, the appeal proposal comprises uPVC sliding sash windows and cedral lap cladding, which would be clearly visible from public viewpoints. I note the Council's concerns in this regard, and fully support the Authority's aims in seeking to preserve the character and appearance of the designated Conservation Areas.

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council I further acknowledge that in most cases the use of modern materials can be harmful to the overall appearance of an individual building and hence the wider Conservation Area. 7. Notwithstanding these comments, although many buildings may have retained their original features, I saw at my site visit that a significant number of properties within the vicinity of the appeal site have also been fitted with replacement uPVC windows and/or cedral lap cladding. With this in mind, and given their unfussy appearance, I consider that the materials would preserve the character of the CA and would not adversely affect the setting of the LB. Consequently no harm would result to their significance as heritage assets. 8. At the rear two air source heat pumps have been installed at first floor level. The are not overly large or imposing and the colour of the units blends with the cladding on the main building; to my mind they are indicative of the typical street clutter present along Granville Road East. They would neither cause undue detriment to the the character of the CA, nor adversely affect the setting of the LB. Consequently no harm would result to their significance as heritage assets. 9.

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council I conclude that the proposal would not cause material harm to the character and appearance of the building, the CA and the setting of the LB. It would comply with the requirements of Policy SS3 of the Core Strategy Local Plan (2013) and Policies HB1, HB8 and HE1 of the Folkestone & Hythe Places and Policies Local Plan (September 2020). Together these seek to ensure proposals relate to surrounding development, meet high standards of design, and protect the character of conservation areas and the setting of listed buildings. The appeal scheme would also be consistent with the Framework, which states that good design is a key aspect of sustainability and requires new development to make a positive contribution to local character and distinctiveness. Conditions 10. I have considered the imposition of conditions in light of advice in Planning Policy Guidance and the Framework. The development is complete and therefore the standard time limit and plans condition are no longer necessary. I am satisfied that no conditions are required. _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate 2

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Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council Appeal Decision APP/L2250/W/21/3277278 ___________________________________________________________________________________________

Page 3 · Chunk 10 INSPECTOR

Flat, 31-33 Sandgate High Street, Sandgate, FOLKESTONE, CT20 3AH — Folkestone and Hythe District Council — 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

Character and appearance
Against appellant
¶4

The Inspector considered the effect of the development on the character and appearance of the building, the Conservation Area, and the setting of the Listed Building, and found that it would preserve the character of the area.

Character and appearance
Against appellant
¶6

The Inspector acknowledged the Council's concerns about the use of modern materials, but found that the materials would not adversely affect the setting of the Listed Building.

Character and appearance
Against appellant
¶7

The Inspector noted that many properties in the area had already been fitted with replacement uPVC windows and/or cedral lap cladding, and found that the development would not harm the character of the area.

Flood risk
Neutral
¶8

The Inspector noted that the air source heat pumps were not overly large or imposing, and blended in with the cladding on the main building.

Policies relied on

Reference Weight
Policy SS3 of the Core Strategy Local Plan (2013)
Determinative
Policies HB1, HB8 and HE1 of the Folkestone & Hythe Places and Policies Local Plan (September 2020)
Determinative
The Framework
Determinative

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 11 February 2022 under the Open Government Licence.