Case 3289524

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH

Canterbury City Council — appeal dismissed

Outcome
Dismissed
Decision date
28 June 2022
Authority
Canterbury City Council
Inspector
McCreery D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr Derek Woodward
LPA reference
CA/21/00609
ONS LPA code
E07000106
Jurisdiction
Transferred
Link status
Not Linked
Start date
23 February 2022

Summary AI

The appeal for replacement windows on a first-floor flat in Herne Bay Conservation Area was dismissed due to the proposed UPVC windows being incompatible with the historic character of the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision Site visit made on 14 June 2022 by D.R McCreery MA BA (Hons) MRTPI An Inspector appointed by the Secretary of State Decision date: 28th June 2022 Appeal Ref: APP/J2210/W/21/3289524 First Floor Flat , 8 Oakdale Road, Herne Bay CT6 6AH • 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 Derek Woodward against the decision of Canterbury City Council. • The application Ref CA/21/00609, dated 10 March 2021, was refused by notice dated 29 October 2021. • The development proposed is replacement of first floor windows to front. Decision 1. The appeal is dismissed. Procedural Matter 2. The site is within the Herne Bay Conservation Area (Conservation Area). I have paid regard to the duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 relating to preserving or enhancing its character or appearance. The Conservation Area is a designated heritage asset for the purposes of the National Planning Policy Framework (the Framework). Policy in the Framework, including section 16 (Conserving and enhancing the historic environment), is a material consideration. Main Issue 3.

Page 1 · Chunk 1 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision The main issue is whether the proposal would preserve or enhance the character or appearance of the Conservation Area. Reasons 4. The site surroundings are residential in character, predominantly older houses of Victorian/Edwardian origin. The appeal site occupies a first floor unit within one such mid terraced house that has been subdivided into flats. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 2 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision The main issue is whether the proposal would preserve or enhance the character or appearance of the Conservation Area. Reasons 4. The site surroundings are residential in character, predominantly older houses of Victorian/Edwardian origin. The appeal site occupies a first floor unit within one such mid terraced house that has been subdivided into flats. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 3 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision Appeal Decision APP/J2210/W/21/3289524 5. Buildings within the terrace exhibit features that are consistent with historic mass housing, such as bay windows and exposed brickwork. The natural evolution of place over time has resulted in some change in appearance, for example alterations to front gardens. Notwithstanding this, there is a general consistency of appearance that positively contributes to and reinforces the historic character of the area. 6. In relation to windows, within the terrace there is a strong presence of timber sashes with an upper sash featuring 3x3 divisions. The window detail is a distinctive characteristic of the local area that is evident both on Oakdale Road and surrounding streets. The prominence of this feature is particularly evident at upper levels due to the increased visibility in the street scene when travelling along Oakdale Road. 7. Notwithstanding some examples of insensitive replacement along Oakdale Road, the distinctive window detail survives in sufficient number along the street to positively influence the design and general aesthetic of the area. Consequently, there is architectural interest that is of significance.

Page 2 · Chunk 4 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision In reaching this view I have paid regard to the evidence, including the Council’s assessment of significance. 8. The proposed UPVC replacement windows would be of a noticeably different material to timber windows in the locality. This would be evident in both the appearance and texture of the windows, where there is a marked difference between a painted timber and vinyl finish. 9. The objective is to match the detailing of the existing windows. In this regard, replicating the 3x3 divisions within the upper pane of the sash is critically important. A failure to do so adequately would contrast very poorly with the original details that survive in the street and erode a positive feature of the locality. 10. I do not doubt the Appellant’s intention to replicate the detailing with something more than stuck on glazing bars. Nor do I question the reputable nature of the company that has been identified to undertake the works. However, given the slender nature of the glazing bars there is a risk that double glazing and a change in materials would naturally lead to pressure to change the dimensions of the bars if they were incorporated into the frame itself.

Page 2 · Chunk 5 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision Although I have paid regard to the Appellant’s comments on this matter, I am not satisfied from the evidence presented that a satisfactory window detail would result. 11. Given the eroding effect that insensitive window replacements would have, harm would result to the character and appearance of the Conservation Area. There would be a consequent negative impact on the significance of the designated heritage asset. 12. The harm to the asset would be less than substantial for the purposes of applying policy in the Framework. This triggers the need to weigh the harm against the public benefits of the proposal (Paragraph 202, The Framework). https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision Although I have paid regard to the Appellant’s comments on this matter, I am not satisfied from the evidence presented that a satisfactory window detail would result. 11. Given the eroding effect that insensitive window replacements would have, harm would result to the character and appearance of the Conservation Area. There would be a consequent negative impact on the significance of the designated heritage asset. 12. The harm to the asset would be less than substantial for the purposes of applying policy in the Framework. This triggers the need to weigh the harm against the public benefits of the proposal (Paragraph 202, The Framework). https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision Appeal Decision APP/J2210/W/21/3289524 13. I have considered the Appellant’s points relating to the benefits of the proposal, including potential improvements in energy efficiency. Environmental benefits may cumulatively bring about public benefit, although the extent has not been evidenced in any technical detail. Overall, paying regard to all the potential benefits, they do not outweigh the level of harm to the character and appearance of the Conservation Area. 14. I have paid regard to the Appellant’s examples of UPVC windows in the wider area. Specifically in relation to the permissions granted at 7 Oakdale Road and 58 Douglas Road, I do not have full details of the pre- existing circumstances and what was approved as a replacement. As such, whilst the decisions carry some weight (particularly the one on the same street as the site) they do not alter my overall conclusion which is reached based on the merits of the proposal and the evidence that has been presented. 15. I have noted the appeal decision relating to the property dating from 20111, insofar as it has been brought to my attention.

Page 3 · Chunk 8 Appeal Decision

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — Appeal Decision Although I have reached a similar conclusion, given the age of the decision and subsequent change in policy context (particularly in the Framework) I have only given it limited weight. 16. In conclusion, the proposal would fail to preserve or enhance the character or appearance of the Conservation Area. Consequently, there is conflict with policies in the Canterbury District Local Plan, in particular DBE3, DBE6, HE1 and HE6 which include requirements relating to the protection, conservation and enhancement of the historic environment and ensuring that alterations are compatible with the character of the original building. There is also conflict with national policy contained in the Framework, in particular Section 16 (Conserving and enhancing the historic environment). Conclusion 17. For the above reasons, and paying regard to all points made, the appeal is dismissed.

Page 3 · Chunk 9 D.R. McCreery

First Floor Flat, 8 Oakdale Road, HERNE BAY, CT6 6AH — Canterbury City Council — D.R. McCreery INSPECTOR 1 APP/J2210/A/11/2165556 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
¶11

The inspector found that the proposed UPVC replacement windows would erode the character and appearance of the Conservation Area by contrasting poorly with the original details that survive in the street.

Heritage impact
For appellant
¶9

The Appellant intended to replicate the detailing of the existing windows, and the company undertaking the works was reputable.

Heritage impact
Against appellant
¶10

However, the inspector was not satisfied that a satisfactory window detail would result due to the risk of double glazing and a change in materials leading to pressure to change the dimensions of the bars.

Policies relied on

Reference Weight
NPPF 208, Canterbury District Local Plan DBE3, DBE6, HE1, HE6
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 28 June 2022 under the Open Government Licence.