Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB
St Albans City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 1 July 2025
- Authority
- St Albans City Council
- Inspector
- Ellis D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr Alasdair McMillin
- LPA reference
- 5/2024/1179
- ONS LPA code
- E07000240
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 February 2025
Summary AI
The appeal for replacement windows to Flats 3 and 4 in St Albans Conservation Area was dismissed due to harm to the character and appearance of the area and the locally listed building.
PDF text
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — Appeal Decision Site visit made on 7 May 2025 by D Ellis MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 01 July 2025 Appeal Ref: APP/B1930/W/25/3359607 Flats 3 and 4, 1 Hall Place Gardens, St Albans, Hertfordshire AL1 3SB • 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 Alasdair McMillin against the decision of St Albans City Council. • The application Ref is 5/2024/1179. • The development proposed is replacement of windows to Flats 3 & 4 located at first and second floor level. Decision 1. The appeal is dismissed. Preliminary Matters 2. The address given on the planning application form only referred to 1 Hall Place Gardens and not the individual flats. However, the proposal only affects two of the flats and not the whole building. Consequently, in the banner heading above I have taken the address from the appeal form and decision notice, which identifies the flats that are included in the proposal. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the St Albans Conservation Area (CA) with particular regard to the locally listed building.
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — Appeal Decision Reasons 4. The appeal site is a two-storey property within a prominent location on a corner plot close to the junction with St Peter’s Road. The buildings in this part of Hall Place Gardens were designed in the arts and crafts style by local architect Percival Blow. The historic nature, architectural detailing and traditional materials of these dwellings form a strong part of the character and significance of the CA. 5. Many buildings have timber windows of a traditional appearance that contribute to the CA’s significance through, in part, their intricate detailing and historic origins. The appeal property, along with the others nearby, contributes positively towards the character and appearance of the CA and reflects the historic character of the CA, with its windows being a vital part of its architectural style and design. 6. Although the new windows appear similar in the submitted drawings to the existing timber windows, it is unlikely that the detailed design would be because of the nature of uPVC which would result in the frames having a thicker appearance than the existing timber frames. Moreover, the use of whole glass sheets within the https://www.gov.uk/planning-inspectorate
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/25/3359607 frame, with the glazing bars attached as decorative features as opposed to being integral to the design would not have the finesse of the existing windows with numerous sheets of glass found in the existing structural frames. The introduction of such a modern material, with the drawbacks set out, would appear contextually incongruous and would result in the loss of historic fabric to the host property, which would be noticeable in this prominent location. 7. Furthermore, the proposal would result in the building having uPVC windows at the first and second floors and timber windows at the ground floor. This inconsistent use of materials and different appearances of the windows would be detrimental to the character and appearance of the locally listed building. The mix of materials would also not reflect the fenestration of the surrounding properties. 8. A number of other properties in the street have uPVC windows. Even if these were installed under permitted development, I find such features do not make a positive contribution to the significance of the CA. Consequently, these examples do not provide justification for the proposal because of the identified harm that would be caused.
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — Appeal Decision 9. Overall, the proposal would be harmful to the character and appearance of the locally listed building and would erode the positive contribution it makes to the character and appearance of the CA. It follows that the replacement windows would neither preserve or enhance the character or appearance of the CA and would result in harm to its significance. 10. The harm that would arise would, however, be localised and therefore, in the context of the approach in the Framework, the harm to the Conservation Area as a whole would be less than substantial. Paragraph 215 of the National Planning Policy Framework states that where a development would lead to less than substantial harm to the significance of a heritage asset, that harm should be weighed against the public benefits of the proposal. 11. I acknowledge that the existing windows are in a poor condition and that new windows could improve the energy efficiency of the property. However, I am unconvinced that replacement timber windows would not provide the same benefit as uPVC in those respects. I therefore attach modest weight to the public benefits, which would not outweigh the great weight I am required to give the conservation of designated heritage assets. 12.
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — Appeal Decision The proposal would detract from the character and appearance of the area and the locally listed building, and would neither preserve nor enhance character or appearance of the CA. As such the proposal would conflict with Policy 69 of the City and District of St Albans District Local Plan Review (1994) (LPR), insofar as it requires for development to take into account the character of its surroundings. The proposal would also conflict with LPR Policy 85, which requires development in conservation areas to enhance or preserve the appearance of the conservation area, and LPR Policy 87, which requires development involving locally listed buildings to preserve its architectural and historic interest. 13. The Council’s reason for refusal also cites a conflict with LPR Policy 72. However, this policy relates to extensions in residential areas. The appeal proposed is not for an extension, and as such Policy 72 does not apply in this case. https://www.gov.uk/planning-inspectorate 2
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/25/3359607 Conclusion 14. The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. The appeal is therefore dismissed.
Flats 3 And 4 , 1 Hall Place Gardens, St Albans, Hertfordshire , AL1 3SB — St Albans City Council — D Ellis INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶4
The historic nature, architectural detailing, and traditional materials of the buildings contribute to the character and significance of the Conservation Area, and the introduction of uPVC windows would be contextually incongruous and detrimental to this character.
Character and appearance Against appellant ¶7
The proposal would result in an inconsistent use of materials and different appearances of the windows, which would be detrimental to the character and appearance of the locally listed building.
Character and appearance Against appellant ¶9
The proposal would erode the positive contribution the building makes to the character and appearance of the Conservation Area, and would result in harm to its significance.
Living conditions Neutral
The existing windows are in a poor condition, and new windows could improve the energy efficiency of the property, but the inspector is unconvinced that replacement timber windows would not provide the same benefit as uPVC in these respects.
Other Neutral
The inspector attaches modest weight to the public benefits of the proposal, but notes that these would not outweigh the great weight given to the conservation of designated heritage assets.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 215 |
Limited |
| Local Plan Review (1994) Policy 69 |
Determinative |
| Local Plan Review (1994) Policy 85 |
Determinative |
| Local Plan Review (1994) Policy 87 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 1 July 2025 under the Open Government Licence.