Listed Building Enforcement Notice - 18/00294/LBE-01

Important - This communication affects your property

Town and Country Planning Act 1990 (Section 172) As Amended by the Planning and Compensation Act 1991

Listed Building Enforcement notice - 18/00294/LBE-01

Served by: East Northamptonshire District Council, of Cedar Drive, Thrapston, Northamptonshire NN14 4LZ

To: The land at Higham Park Farmhouse, Higham Park Road, Rushden, Northamptonshire NN10 0SL

1. This notice

is issued by the Council because it appears to them that there have 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 Higham Park Farmhouse, Higham Park Road, Rushden, Northamptonshire NN10 0SL (“the Land”), shown edged in red on the Site Plan.

3. The matters which appear to constitute a breach of planning control

The following works, that affect the character of the building as one of special architectural or historical interest, have been undertaken without the benefit of Listed Building Consent:

Former 1st floor casement window removed and installation of double-glazed wooden framed sash windows (indicated as W1 on photo NP1, appendix A).
Former ground floor window and part of the exterior wall below removed, and the installation of double-glazed wooden framed door set with top light (indicated as W2 on photo NP1, appendix A).
Former 1st floor casement window removed and installation of double-glazed wooden framed sash window (indicated as W3 on photo NP2, appendix A).
Former ground floor casement window removed and installation of double-glazed wooden framed sash windows (indicated as W4 on photo NP2, appendix A).
Former ground floor canted bay window and associated masonry plinth/base removed, and the installation of double-glazed wooden framed bay windows and doors (indicated as W5 on photo NP2 & NP3, appendix A).
Former 1st floor casement window removed and the installation of a double glazed wooden framed sash window (indicated as W6 on photo NP1 & NP3, appendix A).
Former ground floor casement window removed and the installation of double-glazed wooden framed sash windows (indicated as W7 on photo NP1 & NP3, appendix A).
Former 1st floor casement window removed and the installation of a double-glazed wooden framed sash window (indicated as W8 on photo NP1 & NP5, appendix A).
Former ground floor section of exterior wall removed and the installation of a double-glazed wooden framed sash window (indicated as W9 on photo NP1 & NP5, appendix A).
Former 1st floor casement window removed and the installation of a double-glazed wooden framed sash window (indicated as W10 on photo NP1 & NP5, appendix A).
Former ground floor casement window removed and the installation of double-glazed wooden framed sash windows (indicated as W11 on photo NP1 & NP5, appendix A).
Former ground floor section of exterior wall removed and the installation of a small double-glazed wooden framed window (indicated as W12 on photo NP2, appendix A).
Installation of a large patio attached to the wall of the listed building (indicated as P1 on photo NP1 & NP2, appendix A).

4. The reasons for issuing this notice

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.

The unauthorised Works listed above, by virtue of their design, detract from and are harmful to the appearance of the listed building. The Works fail to preserve and enhance the historic importance and appearance of the building and result in less than substantial harm to the significance of the designed heritage asset.

No public benefit has been identified to outweigh the harm caused to the Listed Building, so the works are contrary to Policy 2 of the Adopted North Northamptonshire Joint Core Strategy 2011-2031 (2016) and Section 16 of the National Planning Policy Framework (2018), which advises that great weight should be given to the asset's conservation, irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. It is therefore considered expedient to issue a Listed Building Enforcement Notice to remedy the unauthorised 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/desirable state:

Replace window marked W1 on photograph NP1 attached to this notice with a traditionally-constructed, flush fitting, three-light casement window in accordance with the unit marked W1 in photograph OP2 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Remove French doors (including top light) marked W2 on photograph NP1 attached to this notice and construct a stone wall at the base of the opening, marked R1 in photograph SP1 and SP2 attached to this notice. The wall must be constructed using reclaimed stone to match the surrounding masonry and bedded on a mortar mix which comprises one part natural hydraulic lime (NHL 3.5) to three parts sharp sand. The wall must be double thickness (stone on both sides) with a rubble infill core and finished slightly proud of the face of the external wall, as per arrangement shown in photographs SP1 and SP2 attached to this notice. The highest part of the wall should finish approximately 1.85 metres below the underside of the existing lintel. The interior section of wall must be made good to match the existing adjacent interior walls.
On completion of step 2) above insert a traditionally-constructed, flush-fitting, three-light casement window in the opening in accordance with the unit marked W2 in photograph OP1 attached to this notice. The replacement window must measure approximately 1.85 metres in height by 1.72 metres in width. The window must be constructed of timber, single glazed and painted white. The window must be recessed in the opening and a mortar fillet must be installed across the bottom reveal instead of a projecting sill.
Replace window marked W3 on photograph NP2 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W3 in photograph OP1 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Replace window marked W4 on photograph NP2 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W4 in photograph OP1 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Remove bay window marked W5 on photographs NP2 and NP3 attached to this notice and construct a solid red brick wall (double skin), which must be finished with a render and topped with a natural stone coping/cornice, at the base of the opening. The height and detail of the wall must match the existing sections that remain in situ at the property, as marked R2 in photograph NP4 attached to this notice. The interior section of wall must be made good to match the existing adjacent interior walls.
On completion of step 6) above insert a six light mullion and transom window in accordance with the unit marked W5 in photographs OP1 and OP2 attached to this notice The replacement bay window must be constructed of timber, single glazed and painted white.
Replace window marked W6 on photographs NP1 and NP3 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W6 in photograph OP2 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Replace window marked W7 on photographs NP1 and NP3 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with unit marked W6 in photograph OP2 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Replace window marked W8 on photographs NP1 and NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W8 in photograph OP2 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Remove window marked W9 on photographs NP1 and NP5 attached to this notice, together with the sill, and infill the opening with natural stone in accordance with the arrangement marked R3 in photograph SP3 attached to this notice. The infill wall must be constructed using reclaimed stone to match surrounding masonry and bedded on a mortar mix which comprises one part natural hydraulic lime (NHL 3.5) to three parts sharp sand. The wall must be double-thickness (stone on both sides) with a rubble infill core. The interior section of wall must be made good to match the existing adjacent interior walls.
Replace window marked W10 on photographs NP1 and NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W10 in photograph OP2 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Replace window marked W11 on photographs NP1 and NP5 attached to this notice with a traditionally-constructed, flush fitting, three-light casement window. The detailing of the replacement window must match the design of the replacement windows W8 and W10 (as per the requirements at steps 10) and 12) above) in accordance with the units marked W8 and W10 in photograph OP2 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.
Remove small window (including lintel and sill) on right-hand side of the building’s south-east elevation marked W12 on photograph NP2 attached to this notice and infill opening with natural stone to match the surrounding masonry, using the wall specification detailed at steps 2 and 11 above. The interior section of wall must be made good to match the existing adjacent interior walls.
Remove all the hard landscaping/patio in front of the building’s south-east and north-east facing elevations (and any associated construction debris), marked P1 on photograph NP1 and NP2, and restore the land to lawn as per the arrangement shown in photograph OP1.

Removal of all resultant debris from steps 1-15 from the site.

6. Time for compliance

A compliance period of 12 months for completion of all the steps in paragraph 5, from the day on which this notice takes effect.

7. When this notice takes effect

This notice takes effect on 15 December 2018 unless an appeal is made against it beforehand.

Dated: 7 November 2018

Signed:

On behalf of:

East Northamptonshire District Council
Thrapston Office
Cedar Drive
Thrapston
Northamptonshire
NN14 4LZ

Telephone: 0300 126 3000
Email: [email protected]

Nominated Officer: Chris Hancox (Principle Planning Enforcement Officer)

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 online or by post using forms available from The Planning Inspectorate. The enclosed information sheet published by the Planning Inspectorate gives details of how to make an appeal.

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

If you want to appeal against this enforcement notice you can do it:

online at the Appeals Casework Portal
by sending us enforcement appeal forms, which can be obtained by contacting us on the details above

You must make sure that we receive your appeal before the effective date on the enforcement notice.

Please read the appeal guidance documents.

In exceptional circumstances, you may give written notice of appeal by letter or email. You should include the name and contact details of the appellant(s) and either attach a copy of the Enforcement notice that you wish to appeal or state the following:

the name of the local planning authority
the site address and
the effective date of the enforcement notice

We must receive this before the effective date on the enforcement notice. This should immediately be followed by your completed appeal forms.

Last updated 19 July 2023