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Listed Building Enforcement notice - 18/00294/LBE-02

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

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.

Map of the land at higham park farmhouse
The land at Higham Park Farmhouse, Higham Park Road, Rushden, Northamptonshire NN10 0SL

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:

South Western Side of Building

  1. Former 1st floor painted timber framed casement window removed and installation of unpainted double-glazed timber framed sash windows (indicated as W1 on photograph NP1, Appendix A).

  2. Former ground floor wall removed and installation of unpainted timber double doors (indicated as W2 on photograph NP1, Appendix A).

  3. Former painted ground floor timber framed round window removed and installation of a wall and ventilation fan (indicated as W3 on photograph NP1, Appendix A).

  4. Installation of solar panels on the roof of the attached outbuilding (indicated as S1 on photograph NP2, Appendix A).

    Former exterior plank doors (painted black) removed and installation of unpainted modern timber doors to the attached outbuilding (indicated as D1, D2 and D3 on photograph NP2, Appendix A).

North Eastern Side of Building

  1. Former painted ground floor timber framed casement window removed and installation of unpainted double glazed timber framed sash windows (indicated as W4 on photograph NP3, Appendix A).

  2. Former painted 1st floor timber framed casement window removed and installation of unpainted double-glazed timber framed sash windows (indicated as W5 on photograph NP3, Appendix A).

  3. Former painted timber exterior door with 3 glazed panels removed and installation of an unpainted 6 glazed panel timber exterior door (indicated as D4 on photograph NP3, Appendix A).

North Western Side of Building

  1. Former painted 1st floor dormer timber framed casement window removed and installation of unpainted double-glazed timber framed sash windows (indicated as W6 on photograph NP5, Appendix A).

  2. Former painted 1st floor dormer timber framed casement window removed and installation of unpainted double-glazed timber framed sash windows (indicated as W7 on photograph NP5, Appendix A).

  3. Former painted 1st floor timber framed casement window removed and installation of unpainted double-glazed timber framed sash windows (indicated as W8 on photograph NP5, Appendix A).

  4. Former painted 1st floor dormer timber framed casement window removed and installation of unpainted double-glazed timber framed sash windows (indicated as W9 on photograph NP5, Appendix A).

  5. Former painted ground floor timber framed window removed and installation of unpainted double glazed timber framed sash windows (indicated as W10 on photograph NP5, Appendix A).

  6. Former painted ground floor timber framed casement window removed and installation of unpainted double glazed timber framed sash windows (indicated as W11 on photograph NP5, Appendix A).

  7. Former painted two-light timber framed window removed and installation of an unpainted double-glazed timber framed sash window (indicated as W12 on photograph NP5, Appendix A).

  8. Former painted two-light timber framed window removed and installation of an unpainted double-glazed timber framed sash window (indicated as W13 on photograph NP5, Appendix A).

  9. Former painted ground floor timber framed casement window removed and installation of unpainted double glazed timber framed single panel window (indicated as W14 on photograph NP5, Appendix A).

  10. Former painted timber framed two-light window removed and installation of an unpainted double-glazed timber framed single-light window (indicated as W15 on photograph NP6, Appendix A).

  11. Former painted timber framed window removed and installation of an unpainted double-glazed timber framed window (indicated as W16 on photograph NP6, Appendix A).

Former painted timber exterior door removed and installation of an unpainted single glazed panel timber exterior door (indicated as D5 on photograph NP6, Appendix A).

Other

  1. Installation of air conditioning and air source heat pump units (indicated as AC1 on photograph NP3, and AC2 & AC3 on photograph NP4, 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 assets 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:

South Western Side of Building

  1. 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 OP1 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  2. Remove door and associated frame marked W2 on photograph NP1 attached to this notice and infill the opening with a stone wall. 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. The internal side should be made good to match.

  3. Remove vent and surrounding masonry marked as W3 on photograph NP1 attached to this notice and insert a traditionally-constructed circular window with brick edging detail in the opening in accordance with the unit marked W3 in photograph OP1 attached to this notice. The window must be constructed of timber, single glazed and painted white.

  4. Remove all solar panels on roof of attached outbuilding, including fixtures, fittings and ducting, marked S1 in photograph NP2 attached to this notice, making good the exterior and interior.

Replace attached outbuilding doors marked D1, D2 and D3 on photograph NP2 attached to this notice, with a traditionally-constructed plank door in accordance with the unit marked D1 in photograph OP2, attached to this notice. The replacement doors must be constructed of timber and painted black.

North Eastern Side of Building

  1. Replace window marked W4 on photograph NP3 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W4 in photograph OP3 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  2. Replace window marked W5 on photograph NP3 attached to this notice with a traditionally-constructed, flush fitting, three-light casement window in accordance with the unit marked W5 in photograph OP3 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

Replace door marked D4 on photograph NP3 attached to this notice with a traditionally-constructed plank door in accordance with the unit marked D4 in photograph OP3, attached to this notice. The replacement door must be constructed of timber and painted white.

North Western Side of Building

  1. Replace window marked W6 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W6 in photograph OP7 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  2. Replace window marked W7 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W7 in photograph OP7 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  3. Replace window marked W8 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light casement window in accordance with the unit marked W8 in photograph OP10 attached to this notice. The replacement window must be constructed of timber, single-glazed, side opening and painted white.

  4. Replace window marked W9 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, three-light casement window. The replacement window must be constructed of timber, single glazed and painted white. The centre light should be opening with the flanking lights to be fixed, as per the arrangement marked W9 in photograph OP10 attached to this notice.

  5. Replace window marked W10 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, fixed-light casement window in accordance with the unit marked W10 in photograph OP5 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  6. Replace window marked W11 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, three-light casement window. The replacement window must be constructed of timber, single glazed and painted white. The centre light should be fixed with the two outer lights openable, as per the arrangement marked W11 in photograph OP5 & OP8 attached to this notice.

  7. Replace window marked W12 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light non-opening casement window in accordance with the unit marked W12 in photograph OP12 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  8. Replace window marked W13 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, two-light non-opening casement window in accordance with the unit marked W13 in photograph OP11 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  9. Replace window marked W14 on photograph NP5 attached to this notice with a traditionally-constructed, flush fitting, three-light casement window in accordance with the unit marked W14 in photograph OP7 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  10. Replace window marked W15 on photograph NP6 attached to this notice with a traditionally-constructed, flush fitting, single-light casement window (with central glazing bar) in accordance with the unit marked W15 in photograph OP9 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

  11. Replace window marked W16 on photograph NP6 attached to this notice with a traditionally-constructed, flush fitting, fixed-light casement window in accordance with the unit marked W16 in photograph OP8 attached to this notice. The replacement window must be constructed of timber, single glazed and painted white.

Replace door marked D5 on photograph NP6 attached to this notice with a traditionally-constructed plank door in accordance with the unit marked D5 in photograph OP8 attached to this notice. The replacement door must be constructed of timber and painted white.

Other

  1. Remove all air source heat pumps, air conditioning units and associated fixtures, pipework, ducting and fittings from the building, indicated as AC1, AC2 and AC3 on photograph NP3 and NP4, attached to this notice, making good all internal and external surfaces.

  2. Remove all resultant debris from steps 1-21 from the Land.

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 20 March 2019 unless an appeal is made against it beforehand.

Dated: 14 February 2019

Signed:

Planning Development Manager

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

Telephone: 0300 126 3000
Email: [email protected]

Nominated Officer: (Principal 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.

Appeal costs

Please note that the Council has a policy of applying for an award of its costs against appellants whenever appropriate.

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

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