Decision

Title of Decison Requested: Listed Building Enforcement Notice for 1 Court Cottages Rose Ash South Molton EX36 4RB case ref 12210

Decision requested by decision maker: Approval to issue Listed Building Enforcement Notice for plastic windows in rear elevation at 1 Court Cottages Rose Ash South Molton EX36 4RB

Reasons for the decision

Policies ST15 and DM07 of the North Devon and Torridge Local Plan 2011-2031 seek to preserve and enhance northern Devon’s historic environment. The dwelling is listed Grade II.

1.2. The replacement of the timber windows in the main dwelling with UPVC introduces modern and inappropriate features to a Grade II listed building, which detracts from the historic character and appearance and also the setting of the building. Accordingly, the development undertaken conflicts with the policy requirements set out at Policies ST15 and DM07.

1.3. North Devon Council is the local planning authority for the purposes of the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Act”) in relation to the following building: 1 Court Cottages, Rose Ash, South Molton EX36 4RB (“the building”).

1.4. The Building is included within a list of buildings of special architectural or historic interest compiled or approved under Section 1 of the Act.
1.5. It appears to North Devon Council that the works specified below have been or are being executed to the Building and are such as to constitute a contravention of Section 9(1) of the Act: Installation of: 1. Plastic windows at ground floor level in the rear elevation.

1.6. A Listed Building Enforcement Notice should be issued to remedy the alleged breach of planning control. The Council considers it expedient to issue this Notice for the following reasons:

1.7. The installation of UPVC windows to this Grade II listed building introduces modern features to this traditional building, which detract from the historic character and appearance of this listed building and also its setting. The development is therefore contrary to Policies ST15 and DM07 of the North Devon and Torridge Local Plan 2011-2031.

Alternative options considered

3.1. There are no other actions the Council can take to remedy this breach of planning control. The owner has not complied and will not comply unless formal action is taken.