Case 3328637

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP

Bournemouth, Christchurch and Poole — appeal allowed

Outcome
Allowed
Decision date
1 August 2024
Authority
Bournemouth, Christchurch and Poole
Inspector
Faulkner H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Ingrid Brandon
LPA reference
7-2023-12994-AM
ONS LPA code
E06000058
Jurisdiction
Transferred
Link status
Not Linked
Start date
29 January 2024

Summary AI

The appeal was allowed because the proposed replacement windows would not harm the character or appearance of the West Overcliff Drive Conservation Area, and would preserve the building's character and appearance. The inspector concluded that the windows were acceptable in the context of the wider conservation area, and that the development would accord with local planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision Site visit made on 8 July 2024 by H Faulkner BSc (Hons) MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 1 August 2024 Appeal Ref: APP/V1260/W/23/3328637 Flat 4 The Chines, 18 McKinley Road, Bournemouth, Dorset BH4 8AP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Ingrid Brandon against the decision of Bournemouth Christchurch and Poole Council. • The application Ref is 7-2023-12994-AM. • The development proposed is to replace 8no. timber window frames and 2no. timber external door frames with white PVCu frames. Decision 1. The appeal is allowed and planning permission is granted at Flat 4, The Chines, 18 McKinley Road, Bournemouth, Dorset BH4 8AP in accordance with the terms of the application, Ref 7-2023-12994-AM, and the plans submitted with it, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing 23/06/04/01C.

Page 1 · Chunk 1 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision 3) No development shall take place until large scale details and/or samples of the replacement windows to be installed have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out strictly in accordance with the approved details. Main Issue 2. The main issue is whether the proposed development would preserve or enhance the character or appearance of the West Overcliff Drive Conservation Area. Reasons 3. The appeal property is a large three storey Edwardian building within the West Overcliff Drive Conservation Area (CA). The CA comprises mainly C19 and C20 dwellings formally laid out with street trees and green spaces. The buildings display a rich variety of high quality traditional architectural features and, insofar as is relevant to this appeal, I find significance of the CA is derived from the high quality traditional architectural details and layout of the buildings within it. 4. The McKinley Road section of the West Overcliff Drive Conservation Area (CA) consists of a wide tree lined street with large detached properties set back from https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/23/3328637 the road on either side. The older properties on the road are Edwardian style, although individually designed, follow a similar theme. These properties retain many of their original features, such as timber windows. There are also examples of modern properties with plastic double glazed windows. 5. The appeal property is within a large three storey Edwardian building. The Council considers the building to be a ‘Positive Contributor’ within the CA. The appeal concerns Flat 4 which is located on the first floor to the rear of the property and not visible from the street. 6. The building has been extended at the rear which includes balconies and modern dormer windows. Within the rear extension, as well as other parts of the building there are plastic windows. This includes the flat below the appeal property where patio doors and windows have been installed following planning permission being granted in 2016. 7. The windows in the appeal property are timber framed but are not sash windows and differ from the windows in the original property in terms of their style and the thickness of the frames.

Page 2 · Chunk 3 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision The installation of modern windows in an extension where the windows would be the same as others in the building is appropriate. Whilst the windows may be seen from the garden and other nearby buildings, other examples of plastic windows would also be visible and the proposed would not standout in this context. Plastic windows are not an alien feature within the context of the wider CA appearing on both modern and historic buildings. The changes to the windows at the rear of the property do not affect the building being a ‘Positive Contributor’ within the CA, particularly as the windows would not be visible from the road. The alterations would not harm the significance of the CA and its character and appearance would be preserved. 8. The Council acknowledges that permission has been given for flat 3 but refused for flat 7, however, this was in the original part of the building. They argue that windows are an important feature and make a significant contribution to interest and historic appearance of a building even if not listed. In this case the windows are in a modern part of the building and not substantially different to the windows that they replace.

Page 2 · Chunk 4 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision The examples of other windows which have been changed with consent in the modern part of the building do not demonstrate harm but in fact the neutral impact. No incremental harm is considered within this context. 9. It is argued that the windows approved for flat 3 pre-date the current National Planning Policy Framework (the Framework). However, local planning policy remains unchanged. Changes that have been made to the Framework since the approval in 2016 are not substantial in so far as they relate to the consideration of heritage assets. 10. Reference is made to Historic England’s ‘Traditional Windows: Their Care, Repair and Upgrading’ (2017). This document has very limited weight in this instance as it is not planning policy and the windows concerned are modern windows in an extension. Whilst the overall appearance of the building is important, alterations to newer parts needs to be considered within their context along with other approved alterations. 11. It is concluded that the appeal proposal would not harm the character or appearance of the appeal building and it would preserve the character, https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/23/3328637 appearance and significance of the CA. Consequently, it would accord with Policies 4.4 of the Bournemouth District Wide Local Plan (2002) and Policies CS39 and CS41 of the Bournemouth Local Plan: Core Strategy (2012), which seek, amongst other matters, development that responds to local character and to conserve the significance of heritage assets. There would be no conflict with the Residential Extensions: A Design Guide for Householders PGN and it would also accord with advice in section 16 of the Framework. Other Matters 12. The condition of the existing windows has been raised by both parties and there is some dispute here. However, even if the windows could be repaired, the replacements are found to be acceptable in this context. Conditions 13. A Standard time condition and an accord with plans conditions are included in the interest of clarity and certainty. A condition requiring large scale details is also necessary as the details on the plans are only at 1:100 scale and further clarity will ensure that the windows match with the others on the building. Conclusion 14.

Page 3 · Chunk 6 Appeal Decision

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — Appeal Decision For the reasons given above, having considered the development plan as a whole, the approach in the Framework and all other relevant material considerations, the appeal is allowed.

Page 3 · Chunk 7 H Faulkner

Flat 4 The Chines, 18 McKinley Road, Bournemouth , Dorset, BH4 8AP — Bournemouth, Christchurch and Poole — H Faulkner 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
For appellant
¶7

The proposed replacement windows would not standout in the context of the wider conservation area, where modern windows are already present on both historic and modern buildings.

Heritage impact
For appellant
¶11

The appeal proposal would not harm the character or appearance of the appeal building and it would preserve the character, appearance and significance of the CA.

Policies relied on

Reference Weight
Policies 4.4 of the Bournemouth District Wide Local Plan (2002) and Policies CS39 and CS41 of the Bournemouth Local Plan
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 1 August 2024 under the Open Government Licence.