THE HIGHLAND COUNCIL
Agenda Item
INVERNESS, NAIRN, BADENOCH AND STRATHSPEY
Report No
PLANNING APPLICATIONS COMMITTEE – 30th August 2011
4.3
PLI
45/11
10/03977/LBC : Mr Jamal Karim
Meadowside House, Kingussie
Report by Area Planning Manager
SUMMARY
Description : Replacement of existing sash and case windows
Recommendation - REFUSE
Ward : 21 Badenoch and Strathspey
Development category : Local
Pre-determination hearing : Not required
Reason referred to Committee : Request by majority of Ward Members.
1.
PROPOSED DEVELOPMENT
1.1
The application is for Listed Building Consent to remove all existing single glazed
sash and case timber windows in Meadowside House and to replace them with
new sliding sash and case timber windows fitted with “heritage” glass double
glazed units.
1.2
Informal pre application advice has been given over a number of years by Area
Office staff and by the former Conservation Architect.
1.3
Existing windows are original single glazed sashes fitted with thin glass and
operated by traditional sash cords. They have been painted in the past as a
consequence of which some sashes are inoperable. Some panes are cracked.
1.4
The application was accompanied by an electricity bill for the property covering the
period 26/2/10 to 24/8/10 which in the applicant’s view underlined the high cost and
difficulty of keeping the property heated and the consequent need to improve the
windows’ thermal efficiency even disregarding any other of their defects. Five
annotated photographs highlighting the defects or deficiencies of existing windows
were submitted and logged as “plans”. Following a meeting earlier this year the
applicant provided supplementary information in the form of two quotations from a
joinery firm with experience of acceptable window work in Listed Buildings
elsewhere in the Highlands, together with a commentary on the quotes. One of the
quotes is for total replacement of windows, the other is for overhaul/refurbishment
of the existing sashes and the installation of double glazing units in the refurbished
frames although the commentary observes that some sashes would have to be
replaced anyway in this option due to the extent of rot, inability to take double
glazing and difficulty of draughtproofing. The cost of the total replacement option is
approximately 20% higher than that of the refurbish-and-partly-replace option. The
commentary and annotated photographs are annexed to this report.
1.5
Apart from the supplementary information there have been no changes made to
the application since lodging.
2.
SITE DESCRIPTION
2.1
Meadowside House is a 1¾ storey stone and slate building, now used as a house
but built as the administration block of the former Meadowside Hospital. This was
built and opened in 1906 as an infectious diseases hospital but had fallen into
disuse and been put on a care and maintenance basis by 1937. As built the
administration block was connected to the flanking single storey ward blocks by
linking corridors. Although the Listing description refers to these corridors they had
vanished by 1993 when the property was photographed by the Conservation
Architect. The wards were converted to holiday flats in 1990-91 and the
administration block is now the owner/holiday flats manager’s residence. The site
sits on an elevated location on the edge of the plateau occupied by the lower
reaches of the Highland Wildlife Park and access to the public road network is by
shared use of the road which leads to the Wildlife Park. Only brief glimpses of the
site are available from the A9.
3.
PLANNING HISTORY
3.1
The site as a whole has a lengthy planning history arising from change of use to a
group of holiday letting cottages in the 1990’s and associated alteration and
extension works including demolition of link corridors formerly connecting the
blocks, addition of porches and other small extensions to the cottages, and
erection of new build cottages. The only previous cases directly related to the
house are 07/237/FULBS and 07/238/LBCBS erection of garage PP & LBC
granted 20/11/07. Buildings Listed 26/5/92
4.
PUBLIC PARTICIPATION
4.1
Advertised : Listed Building. Expiry date 20/10/10
Representation deadline : 20/10/10
Timeous representations : None
Late representations :
4.2
1
Material considerations raised are summarised as follows:
ƒ
Support application
ƒ
Intend to do likewise due to difficulty of keeping property warm and energy
efficient
ƒ
No objections other than from Historic Scotland
ƒ
Question Listing status (Category B) in light of alterations, demolitions and
new development
ƒ
Replacement windows would have no material effect on appearance of
building
4.3
All letters of representation can be viewed at the Area Planning Office and for
Councillors, will be available for inspection within the members lounge immediately
prior to the Committee Meeting.
5.
CONSULTATIONS
5.1
Community Council: No objection – “no concerns”.
5.2
CNPA: No objection; no comments.
6.
DEVELOPMENT PLAN POLICY
The following policies are relevant to the assessment of the application
6.1
6.2
Highland Structure Plan 2001
G2
Design for sustainability
BC5
Listed Buildings and Conservation Areas
Cairngorms National Park Local Plan
9
Listed Buildings
7.
OTHER MATERIAL CONSIDERATIONS
7.1
Draft Development Plan
Not applicable
7.2
Highland Council Supplementary Planning Policy Guidance
Not applicable
7.3
Scottish Government Planning Policy and Guidance
SPP paragraph 113 “Listed Buildings”; Scottish Historic Environment Policy
(SHEP) and “Managing Change in the Historic Environment” guidance notes
8.
PLANNING APPRAISAL
8.1
Section 25 of the Town and Country Planning (Scotland) Act 1997 requires
planning applications to be determined in accordance with the development plan
unless material considerations indicate otherwise.
8.2
This means that the application requires to be assessed against all policies of the
Development Plan relevant to the application, all national and local policy guidance
and all other material considerations relevant to the application.
8.3
Development Plan Policy Assessment
Development Plan Policies BC5 and LP9 focuses primarily on the preservation and
re-use of Listed Buildings and the discouragement of their demolition although
reference is made in LP9 to a presumption in favour of development preserving
such buildings or any features of special architectural or historic interest that they
possess. LP9 also refers to the layout, design, materials and scale of development
being appropriate to the character and appearance of a Listed building and its
setting. In terms of Development Plan Policy, therefore, the judgement to be made
is whether works will help preserve and protect the building and secure its future
without harming its character and special qualities. This allows some leeway for a
balanced judgement taking into consideration G2 issues of energy conservation,
embedded energy and whole life costs.
8.4
Material Considerations
At its highest level (SHEP) Government Policy on Listed Buildings does not rule out
changes. It notes that “like other buildings, Listed Buildings will require alteration
and adaptation from time to time if they are to remain in beneficial use and will be
at risk if such alteration and adaptation is unduly constrained; in most cases such
change if approached carefully can be managed without adversely affecting the
special interest of the building”. It goes on to say that consent should normally be
granted for like for like replacement of a window which is beyond repair, or where
an alteration will sustain or enhance the beneficial use of the building and does not
adversely affect the special interest of the building. The more detailed
supplementary “Managing Change” guidance notes, though, expressly point to
repair best maintaining the character and historic fabric of the windows. In other
words replacement should be the last resort to be pursued only when the window is
beyond repair. The guidance does not rule out double glazing fitted into existing
sashes provided that it is of slim profile and does not involve loss of historic glass
though alternative means of reducing heat loss and preventing draughts are to be
encouraged. Historic Scotland’s Area Inspector has made clear his view that
although the installation of slimline double glazing would be consistent with Policy,
total replacement of all windows without regard to what could be repaired would
not.
8.5
Other Considerations – not material
The application has been processed against the background of an application for a
Direction under Section 55(1) of the Town and Country Planning (Scotland) Act
1997. The effect of this Direction, which was made by Ministers on 6th July 2011, is
that with effect from 28th July 2011 the Council will be able to grant Listed Building
Consent for certain alterations to Category B Listed Buildings (such as replacement
windows or the installation of double glazing) without first having to give Ministers
the opportunity to decide whether or not to call in the relevant application for their
own decision. The Direction will not apply retrospectively so a decision to grant
consent in this case would still have to be referred to Ministers. The Direction has
been made following extensive negotiation and Historic Scotland expects the
Council to exercise its powers under the Direction with full regard to all aspects of
Policy and related advice. There will remain a requirement to report such decisions
to Ministers on a monthly cycle (subject to review after 6 months.)
8.6
Matters to be secured by Section 75 Agreement
None
9.
CONCLUSION
9.1
Development Plan Policy does not rule out approval of the application. Indeed
given the evidence of energy costs provided by the applicant and his proposed
contractor’s commentary it can be argued that support for the principle of
replacement windows of sympathetic design and with appropriate double glazing
finds some support in the Development Plan. Nevertheless this is an application for
Listed Building Consent to change a building of the second highest category and
National Policy and its related supplementary guidance must carry significant
weight. These suggest that there is not a strong enough case for the approach
favoured by the applicant i.e. replacement of all of the windows, in a single
operation, regardless of the repairability of individual units. This is backed up by
case specific advice from Historic Scotland.
10.
RECOMMENDATION
Action required before decision issued Yes
If Members minded to grant
Notification to Scottish Ministers
Yes
As above
Notification to Historic Scotland
Yes
As above
Conclusion of Section 75 Agreement
No
Revocation of previous permission
No
Subject to the above, it is recommended the application be Refused subject to
the following reasons for refusal:
1.
Information supplied by the applicant indicates that it is possible to refurbish some
of the windows in the property. Complete replacement as proposed would therefore
not accord with Scottish Historic Environment Policy and related advice, which
indicates that retention and repair of windows which are not beyond repair should
be preferred to replacement.
Signature:
Designation:
Area Planning Manager - South Area
Author:
Andrew McCracken
Background Papers: Documents referred to in report and in case file.
Relevant Plans:
Plan 1 – Location plan
Plan 2 – Annotated photographs 4 and 5 (existing windows)
Plan 3 – Annotated photographs 1 – 3 (existing windows)
The Site
10/03977/LBC
Planning & Development
Service
Meadowside House, Kingussie
Date: August 2011
1:250,000
¯
© Crown copyright
100023369 2009
The Site
10/03977/LBC
Planning & Development
Service
Meadowside House, Kingussie
Date: August 2011
1:5,000
¯
© Crown copyright
100023369 2009