Listed Building Enforcement notice - 23/00084/ADL

Important - This communication affects your property

Planning (Listed Building and Conservation Areas) Act 1990 (as amended by the Planning and Compensation Act 1991)

Listed Building Enforcement notice - 23/00084/ADL

1. This notice

is issued by the Council because it appears to them that there has been works undertaken that constitute a contravention of section 9(1) of the above act, at the land described below. They consider that it is expedient to issue this notice, pursuant to the provisions of section 38 of the Act, having regard to the effect of the works on the character of the building as one of special architectural or historic interest. The Annex at the end of the Notice and the enclosures to which it refers contain important additional information.

2. Land to which this notice relates

The land at The Village Hall, Deene, Northamptonshire, NN17 3EJ (“the Land”), shown edged in red on the Site Plan below.

23/00084/ADL Site Plan

3. The matters which appear to constitute the breach of listed building control

Without listed building consent a stone chimneystack has been removed from the building’s side / north-facing elevation, in the location identified on photograph 2 below.

a stone chimneystack has been removed from the building’s side / north-facing elevation, in the location identified on photograph 2

Without listed building consent, a sign has been installed below a large window on the building’s front/east elevation, as identified on photograph 1 below.

a sign has been installed below a large window on the building’s front/east elevation, as identified on photograph 1

It appears to the Council that the works have been executed to the building such as to involve a contravention of Section 9(1) of the Planning (Listed Buildings and Conservation Area) Act 1990 and it is considered expedient to issue the Notice having regard to the effect of the said works on the character of the building as being of special architectural or historic interest.

4. The reasons for issuing this notice

The stone chimneystack that has been removed from the building’s side elevation was a key part of its architectural design. Its removal causes harm to the building’s special character. The sign that has been installed on the building’s front elevation, owing to its size and colour, also causes harm to the building’s special character.

The works conflict with paragraphs 199 and 202 of the National Planning Policy Framework and policy 2 of the North Northamptonshire Joint Core Strategy. It is not considered that there are any public benefits arising from the works.

5. What you are required to do

The Council hereby gives notice that pursuant to section 38(2)(a) of the Act, it requires the following steps to be taken for the purpose of restoring the building to its former state:

  1. Remove sign from the front elevation of the building, as identified on photograph 1, and make good any fixing holes to match surrounding fabric.
  2. Reinstate stone chimneystack on the side elevation of the building, in location shown on photograph 2. The chimneystack shall be constructed of natural limestone with lime mortar and shall exactly match its previous architectural form and appearance, and that of the adjacent chimneystack.

6. Time for compliance

A compliance period of one month for the completion of step 1 and nine months for the completion of step 2, from the day on which this notice takes effect.

7. When this notice takes effect

This notice takes effect on 11 December 2023 unless an appeal is made against it beforehand.

Dated: 10 November 2023

Signed: Graeme Kane, Interim Executive Director of Place and Economy

On behalf of:

North Northamptonshire Council
Thrapston Office
Cedar Drive
Thrapston
Northamptonshire
NN14 4LZ

Telephone: 0300 126 3000
Email: [email protected]

Annex

Your right of appeal

You can appeal against this notice, but any appeal must be received, or posted in time to be received, by the Secretary of State before the date specified in paragraph 7 of the notice. You can appeal on-line or by post using forms available from The Planning inspectorate. Please read the guidance notes regarding making an appeal.

If you want your appeal to be considered under ground (a) you must pay a fee. The current fee is £924

What happens if you do not appeal

If you do not appeal against this enforcement notice, it will take effect on the date specified In paragraph 7 of the notice and you must then ensure that the required steps for complying with it, for which you are held responsible, are taken within the period(s) specified in paragraph 6 of the notice. Failure to comply with an enforcement notice which has taken effect can result in prosecution and/or remedial action by the Council.

Appeal costs

You should be aware that the Council has a policy of applying for an award of its costs against appellants whenever appropriate.

Last updated 04 June 2024