Local Council: Braintree
Appeal Result: Allowed (Permission Granted)
Description: Replacement of all current single glazed 6 pane windows with new 2 pane double glazed windows.
Refusal Stated: "The proposed windows by virtue of the use of double glazing and design detailing, would fail to preserve the special architectural interest of the listed building and would detract from its character, thus resulting in harm to the significance of the heritage asset. The level of harm is considered to be 'less than substantial' and in this case the public benefit does not outweigh this identified harm (paragraph 196 of NPPF). Therefore, the proposal is contrary to paragraph 196 of the NPPF, Section 16 (2) & 66(1) of Planning (Listed Buildings and Conservation Areas) Act 1990, RLP100 of the Adopted Local Plan, CS5 of the Adopted Core Strategy and Policy LPP60 of the Draft Local Plan."
Background: The client in this case was simply looking to modernise their home by improving the thermal and acoustic efficiency of their Grade II listed property. When Braintree Council issued the initial refusal, it was incredibly unfair as the adjoining Grade II listed semi already enjoyed the benefit of double-glazed windows with permission. LSE dismantled the LPA's argument by demonstrating that the important features which justified the building's original listed status did not include the windows. Furthermore, analysis showed that the existing windows were not even original features, so they did not constitute historic materials or architectural elements that warranted preservation.