Case 3358993

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF

Brighton and Hove City Council — appeal dismissed

Outcome
Dismissed
Decision date
15 May 2025
Authority
Brighton and Hove City Council
Inspector
Ellis G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Scott Deveson (Devesons Grocers)
LPA reference
BH2024/01034
ONS LPA code
E06000043
Jurisdiction
Transferred
Link status
Not Linked
Start date
12 February 2025

Summary AI

The appeal was dismissed due to the proposed replacement of wooden sash windows with uPVC double glazed windows, which would harm the character and appearance of the Rottingdean Conservation Area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City Council — Appeal Decision Site visit made on 30 April 2025 by G Ellis BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 15 May 2025 Appeal Ref: APP/Q1445/W/25/3358993 58A High Street, Rottingdean, Brighton BN2 7HF • 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 Mr Scott Deveson against the decision of Brighton and Hove City Council. • The application Ref is BH2024/0134. • The development proposed is to remove wooden sash windows to front (lounge and main bedroom) and replace with uPVC double glazed sash windows. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the development would preserve or enhance the Rottingdean Conservation Area. Reasons 3. There is a statutory duty under section 72 of the Planning (Listed Building and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas. 4. The appeal property is located along the High Street, which exhibits an attractive range and variety of historic buildings, including a listed building adjacent at 62 High Street.

Page 1 · Chunk 1 Appeal Decision

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City Council — Appeal Decision The area forms part of the commercial heart of the village, characterised by a dense urban grain of predominantly small, closely-spaced vernacular buildings wherein the character of the buildings contributes to the significance of the Conservation Area. 5. The proposal relates to the first and second floor windows, which share the same design and are vertically stacked, mirroring those in the other half of the building (No.60). The existing white, timber sash windows appear to be unaltered, and the majority of the other buildings along this part of the High Street retain timber windows and doors. The design varies, but they are part of the building's heritage and reflect the architectural styles and craftsmanship of their time. 6. The Council’s Supplementary Planning Document (SPD) – Architectural Features explains that windows are crucial elements of historic streetscapes and advises that original or historic windows should be retained unless beyond economic repair, and that on street elevations, the original material must also be matched. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City Council — Appeal Decision Appeal Decision APP/Q1445/W/25/3358993 7. There is nothing before me to suggest that the existing windows cannot be retained, and the introduction of uPVC windows directly conflicts with this guidance. I acknowledge that the appearance and design of uPVC windows have advanced, and the brochure of the windows proposed to be installed indicates dimensions and details similar in appearance to the existing sash windows. Nonetheless, the homogenous ‘machine-made’ appearance of uPVC would lack the distinctive subtleties and texture of painted timber windows. The windows would have a starker appearance and would contrast with both the other windows and the historic fabric of the building. 8. There are similar uPVC windows to those proposed on the upper floors of properties in Marine Drive, however, these lie outside the Conservation Area. From my observations, there are only a few examples of uPVC replacement windows along the High Street, and where they do occur, they generally diminish the character of the property.

Page 2 · Chunk 3 Appeal Decision

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City Council — Appeal Decision The background to these existing alterations is not before me, but the Council advise that there have been no recent planning approvals for such provisions with an Article 4 Direction relating to the front of buildings and an extension to the Conservation Area introduced in 2012. 9. Consequently, the replacement windows to part of the front elevation of the building would not make a positive contribution to the local character and distinctiveness. They would significantly erode the cohesion of the building as a whole and with the character and appearance of the Conservation Area and its significance as a designated heritage asset. The harm would be less than substantial and in accordance with the National Planning Policy Framework (the Framework) should be weighed against the public benefits of the proposal. 10. The proposed windows would have a high energy efficiency rating with associated impacts on heating costs and ventilation, and there would also be reduced maintenance. As a tenanted property, it is suggested that single glazing will not comply with the impending landlord requirements, although I have not been provided with any details or evidence that other double glazing methods are not achievable.

Page 2 · Chunk 4 Appeal Decision

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City Council — Appeal Decision The affordability of the windows would be a private, as opposed to a public benefit and therefore is not a matter which weighs in favour of the proposal. 11. Nonetheless, great weight is to be given to the conservation of heritage assets, and I consider that the changes proposed are primarily a private benefit. Consequently, the benefits would not outweigh the harm to the designated heritage asset. 12. Thus, the replacement of the two front windows would fail to accord with the Brighton and Hove City Council’s Development Plan policy CP15 (Part One) and policies DM18, DM21 and DM26 (Part Two). There would also be conflict with Rottingdean Neighbourhood Plan policies H2 and H3 and the Council’s design SPDs. Together, these seek the conservation and enhancement of the historic environment, and that development is of the highest quality, with the design taking into account the local character and distinctiveness. Conclusion 13. For the reasons set out, and having considered all other matters raised, I conclude that the appeal should be dismissed.

Page 2 · Chunk 5 G Ellis

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City Council — G Ellis https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/Q1445/W/25/3358993

Page 3 · Chunk 6 INSPECTOR

58a High Street, Rottingdean, Brighton, East Sussex, BN2 7HF — Brighton and Hove City 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

Heritage impact
Against appellant
¶3

The inspector highlighted the statutory duty to preserve or enhance the character or appearance of conservation areas, citing the example of the listed building adjacent to the appeal property.

Heritage impact
Against appellant
¶4-5

The inspector noted the importance of preserving the historic fabric of the building and the area, and the need to match the original material on street elevations.

Heritage impact
Against appellant
¶7

The inspector acknowledged that the appearance of uPVC windows has advanced, but stated that their homogenous appearance would lack the subtleties and texture of painted timber windows.

Heritage impact
Against appellant
¶9

The inspector concluded that the replacement windows would erode the cohesion of the building and the character of the Conservation Area.

Parking
Neutral
¶10

The inspector noted that the proposed windows would have a high energy efficiency rating and associated impacts on heating costs and ventilation, but that these benefits would not outweigh the harm to the designated heritage asset.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan D1
Moderate
CP15 (Part One)
Determinative
DM18, DM21 and DM26 (Part Two)
Moderate
Rottingdean Neighbourhood Plan policies H2 and H3
Moderate
Council’s design SPDs
Moderate

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 15 May 2025 under the Open Government Licence.