Listed building enforcement notice - 18/00294/LBE-03

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 - 18/00294/LBE-03

Issue by: North Northamptonshire Council

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 the 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:

Room 1 - Study (marked R1 on Layout Plan LO1)

1. Timber window board removed (indicated as S1 on photographs NP1 and OP1, Appendix A).

2. Traditional six-panel timber door removed and new plank timber door installed (indicated as S2 on photograph NP1a, Appendix A).

Room 2 – Family Room (marked R2 on Layout Plan LO1)

3. New stair case installed (indicated as S3 on photograph NP2, Appendix A).

4. Whole ceiling of room altered including the removal of various timber beams and prop/upright (indicated as S4 on photographs NP2, OP2 and OP2a, Appendix A).

5. Timber wall cupboard removed (location indicated as S5 on photographs NP2 and OP2, Appendix A).

6. Wall plaster removed (indicated as S6 on photograph NP2a, Appendix A).

7. Alteration of doorway to room 3 and removal of traditional six-panel timber door, including the installation of a new timber plank door (indicated as S7 on photographs NP2b and OP2b, Appendix A).

8. Traditional six-panel timber door to entrance hallway removed and new plank timber door installed (indicated as S8 on photograph NP2c, Appendix A).

Room 3 – Drawing Room (marked R3 on Layout Plan LO1)

9. Traditional bread oven and fireplace surround removed, plus the installation of a modified fireplace surround (indicated as S9 on photographs NP3 and OP3, Appendix A).

10. Timber ceiling prop with brick base removed (indicated as S10 on photograph OP3, Appendix A).

11. Curve arched doorway and door removed and installation of a new gothic arched doorway and door (indicated as S11 on photographs NP3a, NP3b and OP3c, Appendix A).

Room 4 – Ground Floor Hallway (marked R4 on Layout Plan LO1)

12. Former bread oven door and surround installed into fireplace (indicated as S12 on photograph NP4, Appendix A).

13. Traditional six-panel timber cupboard door removed and new four panel timber door installed (indicated as S13 on photographs NP4 and OP4, Appendix A).

Room 5 – Sitting Room (marked R5 on Layout Plan LO1) 14)

14. Traditional six-panel timber door and surround removed, and a new wider doorway installed including two gothic style timber doors installed (indicated as S14 on photograph NP5, Appendix A).

15. Brick wall and fireplace removed (indicated as S15 on photographs NP5 and OP5, Appendix A).

16. Single doorway and traditional six-panel timber door removed and partition wall added (indicated as S16 on photographs NP5a and OP5a, Appendix A).

Room 6 – Kitchen (marked R6 on Layout Plan LO1) 17)

17. Traditional six-panel timber door and surround to entrance hallway removed (indicated as S17 on photographs NP6 and OP6, Appendix A).

18. Traditional six-panel timber door and surround to hallway removed (indicated as S18 on photographs NP6, NP6a and OP6, Appendix A).

19. Traditional six-panel timber door and surround to Boot Room removed (indicated as S19 on photograph NP6b, Appendix A).

Room 7 – Dining Room (marked R7 on Layout Plan LO1) 20)

20. Traditional wide six-panel timber door and surround removed (indicated as S20 on photographs NP7 and OP7, Appendix A).

Room 8 – Main Door Hallway (marked R8 on Layout Plan LO1) 21)

21. Traditional six-panel timber door and doorway removed, and installation of a modern glass door and surround (indicated as S21 on photograph NP8, Appendix A).

Room 9 – Bedroom (marked R9 on Layout Plan LO1)

22. Ceiling removed and vaulted ceiling installed (indicated as S22 on photographs NP9 and OP9, Appendix A).

23. Partition wall and traditional six-panel timber door removed (indicated as S23 on Layout Plan LP9, Appendix A).

24.  Partition wall and entrance way removed (indicated as S24 on layout plan LP9, Appendix A).

25.  Addition of an Air Conditioning unit onto the wall (indicated as S25 on photograph NP9a, Appendix A).

Room 10 – Bedroom (marked R10 on Layout Plan LO1)

26. Ceiling removed and vaulted ceiling created (indicated as S26 on photographs NP10 and OP10, Appendix A).

27. Part of floor removed and new staircase installed with associated banisters (indicated as S27 on photograph NP10a, Appendix A).

Room 11 – Large Bathroom (marked R11 on Layout Plan LO1)

28. Air Conditioning unit installed above doorway (indicated as S28 on photograph NP11, Appendix A).

29. Addition of tiles on the floor and walls (indicated as S29 on photograph NP11a, Appendix A).

30. Corner cupboard removed (indicated as S30 on photographs NP11a and OP11, Appendix A).

31. Traditional wide six-panel timber door and surround removed (indicated as S31 on photograph NP11c, Appendix A).

Room 12 – Small Bathroom (marked R12 on Layout Plan LO1) 32)

32. Original partition wall and six-panel timber door replaced with a modern glass wall and door (indicated as S32 on photographs NP12, Appendix A).

Room 13 – First Floor Hallway (marked R13 on Layout Plan LO1)

33. Chimney breast and timber panelled surround removed (indicated as S33 on photographs NP13 and OP13, Appendix A).

34. Timber plank door installed (indicated as S34 on photograph NP13a, Appendix A).

Room 14 – Bedroom (marked R14 on Layout Plan LO1) 35)

35. Traditional six-panel timber door removed (indicated as S35 on photograph NP14, Appendix A).

Room 15 – Bedroom (marked R15 on Layout Plan LO1) 36)

36. Traditional six-panel timber door removed and timber plank door installed (indicated as S36 on photograph NP15, Appendix A).

Room 16 – Bedroom (marked R16 on Layout Plan LO1)

37. Partition walls and low ceiling removed (indicated as S37 on photographs NP16, OP16 and Layout Plan LP16, Appendix A).

38. Traditional six-panel timber door and doorway surround removed (indicated as S38 on photographs NP16a and OP16, 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 (2019), 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:

Room 1 - Study (marked R1 on Layout Plan LO1)

1. Install timber window board in window reveal marked S1 on photograph NP1 (Appendix A).

2. Remove plank door marked S2 on photograph NP1a (Appendix A) and install a traditionally constructed six-panel timber door (solid construction). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 2 – Family Room (marked R2 on Layout Plan LO1)

3. Remove staircase marked S3 on photograph NP2 (Appendix A) and infill ceiling using materials to match surrounding fabric.

4. Reinstate ceiling, ceiling beams and prop (including bulkhead) in area marked S4 on photograph NP2 (Appendix A) to match the configuration and appearance shown in photograph OP2 (Appendix A). The ceiling should be constructed of lath and plaster. The laths, which should be riven, are to be fixed across the underside of the joists. A gap of not less than 7mm generally must be maintained between each pair of laths in order to allow for the squeezing through of plaster and the forming of the keys. The laths should be fixed with stainless steel ringshank nails of not less than 32mm in length. The plastering should be carried out in accordance with the specification provided at step 6) below.

5. Reinstate timber wall cupboard in opening marked S5 on photograph NP2 (Appendix A). The detailing of the cupboard should exactly match the detailing of the cupboard marked S5 on photographs OP2 and OP2a (Appendix A)

6. Plaster exposed stone walls marked S6 on photograph NP2a (Appendix A) with a pure, well-haired lime plaster. The plaster should be applied using the traditional three-coat method. For the base coat the mix should be 1 part non-hydraulic lime to 2.5 parts sand (5mm down). Goat hair must be added at a ratio of 300g of hair to every 20 kg of non-hydraulic lime. For the finish coat the mix should be 1 part non-hydraulic to 1 part sand (1mm down). No hair should be added to the finish coat plaster.

7. Remove plank door marked S7 on photograph NP2b (Appendix A) and install a traditionally constructed six-panel timber door (solid construction) as shown in photograph OP2b. The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges. The replacement door should be installed to the original positon shown at photograph OP2b (N.B. this is set in from the end of the wall).

8. Remove plank door marked S8 on photograph NP2c (Appendix A) and install a traditionally constructed six-panel timber door (solid construction) as shown in photograph OP2b. The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 3 – Drawing Room (marked R3 on Layout Plan LO1)

9. Reconstruct the traditional bread oven and associated small alcove within the opening to the left-hand-side of the existing fireplace and reconstruct the fireplace, marked S9 on photograph NP3 (Appendix A). The bread oven and fireplace should be constructed of brick (to match those in photograph OP3c. Appendix A) and should match the detailing shown in photographs OP3, OP3a and OP3b (Appendix A). All plasterwork should be carried out in accordance with the specification provided at step 6) above.

10. Install timber prop with brick base under existing beam to match detail marked S10 on photograph OP3 (Appendix A).

11. Remove pointed stone arch (spandrels and associated quoins) to opening marked S11 on photographs NP3a and NP3b (Appendix A), and restore the opening to the appearance and detailing shown in photograph OP3c. Once the opening has been restored, install a door with glass panels to match the item shown in photograph OP3c.

Room 4 – Ground Floor Hallway (marked R4 on Layout Plan LO1)

12. Remove former bread oven door that has been installed into fireplace as marked S12 on photograph NP4 (Appendix A) and reattach in restored bread oven in drawing room (marked R3 on Layout Plan LO1).

13. Remove four-panel cupboard door marked S13 on photograph NP4 (Appendix A) and install a traditionally constructed six-panel timber door (solid construction). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 5 – Sitting Room (marked R5 on Layout Plan LO1)

14.  Remove double doors marked S14 on photograph NP5 (Appendix A) and reinstate a single, traditionally constructed six-panel timber door (solid construction) in a reduced opening. The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges. The opening should be reduced using materials that match surrounding fabric.

15. Reinstate dividing wall and fireplace in area marked S15 on photograph NP5 (Appendix A). The appearance should match that shown in photograph OP5 (Appendix A). The wall should be of solid brick construction and should include a flue, which is to link with existing chimney in the roof space over. The bricks and brick bond should match surviving fabric in the roof space. All plasterwork should be carried out in accordance with the specification provided at step 6) above.

16. Remove partition wall marked S16 on photograph NP5a (Appendix A) and reinstate doorway shown in photographs OP5a. A traditionally constructed six- panel timber door (solid construction) should be installed in the doorway. The six- panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 6 – Kitchen (marked R6 on Layout Plan LO1)

17. Reinstate a six-panel timber door and door surround in the opening marked S17 on photograph NP6 (Appendix A). The six-panel door should be traditionally constructed and should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

18. Reinstate a six-panel timber door and door surround in the opening marked S18 on photograph OP6 and NP6a (Appendix A). The six-panel door should be traditionally constructed and should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

19. Remove four-panel timber door marked S19 on photograph NP6b (Appendix A) and install a traditionally constructed six-panel timber door (solid construction). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 7 – Dining Room (marked R7 on Layout Plan LO1)

20. Reinstate a six-panel timber door and panelled door entrance surround marked S20 on photograph NP7 (Appendix A). The six-panel door should match the appearance of the item shown in photographs OP7 (Appendix A), which shows a wide door and a panelled reveal. The door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A), albeit at different proportions. These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 8 – Main Door Hallway (marked R8 on Layout Plan LO1)

21. Remove plate glass door and surround marked S21 on photograph NP8 (Appendix A) and install a traditionally constructed six-panel timber door (solid construction) and door surround. The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 9 – Bedroom (marked R9 on Layout Plan LO1)

22. Reinstate ceiling to original position marked S22 on photograph OP9 (Appendix A). The ceiling should be constructed of lath and plaster. Riven laths should be installed horizontally on the stud work and in accordance with the specification provided at step 4) above. The plastering should be carried out in accordance with the specification provided at step 6) above. The plastering should be carried out in accordance with the specification provided at step 6) above.

23. Reinstate a timber stud-partition wall, to include a traditional six-panel timber door and door surround, as marked S23 on photograph NP9 and plan LP9 (Appendix A). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges. Riven laths should be installed horizontally on the stud work and in accordance with the specification provided at step 4) above. The plastering should be carried out in accordance with the specification provided at step 6) above.

24. Reinstate partition wall as marked S24 on photograph NP9 and plan LP9 (Appendix A). The wall should be reinstated as per the requirements of step 23) above, save for the installation of a door.

25. Remove air conditioning unit, and all associated fixtures and fittings, as marked S25 on photograph NP9a (Appendix A), making good all internal surfaces.

Room 10 – Bedroom (marked R10 on Layout Plan LO1)

26. Reinstate ceiling and timber beam to positon marked S26 on photograph NP10 (Appendix A) and as shown in photograph OP10. The ceiling should be constructed of lath and plaster and installed in accordance with the specification provided at step 4) above. The plastering should be carried out in accordance with the specification provided at step 6) above.

27. Remove staircase, including bannisters and handrail, marked S27 on photograph NP10a (Appendix A) and restore floor structure and floor covering to match surrounding fabric.

Room 11 – Large Bathroom (marked R11 on Layout Plan LO1)

28. Remove air conditioning unit, and all associated fixtures and fittings, as marked S28 on photograph NP11 (Appendix A), making good all internal surfaces.

29. Remove all tiles on the floor and walls as shown in photograph NP11a (Appendix A) and restore all internal finishes to match surrounding fabric.

30. Reinstate corner cupboard marked S30 on photograph OP11a (Appendix A) in accordance with the appearance shown in this photograph. 

31. Reinstate a six-panel timber door and door surround in the opening marked S31 on photograph NP11c (Appendix A). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 12 – Small Bathroom (marked R12 on Layout Plan LO1)

32. Remove modern glass wall and door marked S32 on photographs NP12 (Appendix A) and reinstate a timber stud-partition wall to include a six-panel door and door surround. The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges. Riven laths should be installed horizontally on the stud work and in accordance with the specification provided at step 4) above. The plastering should be carried out in accordance with the specification provided at step 6) above.

Room 13 – First Floor Hallway (marked R13 on Layout Plan LO1)

33. Reinstate brick chimney flue in position marked S33 on photographs NP13 and OP13 (Appendix A). The flue should link to the fireplace below (as detailed in step 15 above) and the remaining chimney stack in the loft space. Its construction should match the remaining fabric in the loft space. The flue should be covered in timber panelling as shown in photograph OP13.

34)Remove timber plank door marked S34 on photograph NP13a (Appendix A).

Room 14 – Bedroom (marked R14 on Layout Plan LO1)

35. Reinstate a six-panel timber door and door surround in the opening marked S35 on photograph NP14 (Appendix A). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 15 – Bedroom (marked R15 on Layout Plan LO1)

36. Remove plank door and install a six-panel timber door in the opening marked S36 on photograph NP15 (Appendix A). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

Room 16 – Bedroom (marked R16 on Layout Plan LO1)

37. Reinstate partition walls and ceiling marked S37 on photograph NP16 (Appendix A). The walls and ceilings should be reconstructed to match the photograph OP16 (Appendix A) and specifications provided at steps 4), 6) and 32) above.

38. Reinstate a six-panel timber door and door surround in the opening marked S38 on photograph NP16a and layout plan LP16 (Appendix A). The six-panel door should exactly match the design and detailing of the doors shown in photographs E1 (Appendix A). These doors display slender rails and stiles with shallow moulding detail, and are hung using traditional L-shaped hinges.

39. Remove all resultant debris from steps 1-38 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 15 May 2019 unless an appeal is made against it beforehand.

Dated: 4 April 2019

Signed: Roz Johnson, Planning Development Manager

On behalf of:

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

Telephone: 0300 126 3000
Email: [email protected]

Nominated Officer: Chris Hancox, Principal Planning Enforcement Officer

Annex

Your right of appeal

There is a right to 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.

The appeal can be made on-line 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 there is no 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.

Last updated 19 July 2023