Report of Handling 24-01803-LIB
Argyll and Bute Council · 7 April 2025
Back to Argyll and Bute Local Review Body — 7 April 2025 and its agenda
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Argyll and Bute Council Development and Economic Growth Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No: 24/01803/LIB Planning Hierarchy: Local Application Applicant: Mrs Ann Smith Proposal: Installation of replacement windows and door Site Address: Rhu House, Rhu Road, Port Charlotte, Isle of Islay ____________________________________________________________________________ DECISION ROUTE (i) Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ____________________________________________________________________________ (A) THE APPLICATION (i) Works requiring listed building consent: • Installation of replacement windows and door (ii) Other specified operations • N/A ____________________________________________________________________________ (B) RECOMMENDATION: It is recommended that Listed Building consent is refused ____________________________________________________________________________ (C) HISTORY: 07/00437/LIB - Replacement roof covering – 13.07.2007 24/01696/PP - Installation of replacement windows and door – Pending __________________________________________________________ (D) CONSULTATIONS: Historic Environment Scotland – No objection – 21.10.2024
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______________________________________________________________________ (E) PUBLICITY: Oban Times/Edinburgh Gazette Advertisement - published 10.10.2024, expired 31.10.2024 Listed Building Site Notice – expired 28.10.2024 ____________________________________________________________________________ (F) REPRESENTATIONS: N/A (i) Summary of issues raised N/A ____________________________________________________________ (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Statement: No (ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: No (iii) A design or design/access statement: No (iv) Sustainability Checklists: No - The application was submitted prior to the adoption of LDP2 and it is considered there is sufficient information on the file to make a decision. (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Photograph of existing windows and door – 01.10.2024 Door Details – 01.10.2024 _____________________________________________________________ (H) PLANNING OBLIGATIONS (i) Is a Section 75 agreement required: No ___________________________________________________________________ (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No ___________________________________________________________________
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(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 7 – Historic Assets and Places Argyll and Bute Local Development Plan 2 High Quality Places Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 16 – Listed Buildings (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009. • ABC Technical Note – Windows (Apr 2018) Historic Environment Scotland: • Historic Environment Policy for Scotland • Managing Change in the Historic Environment: Setting (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No ____________________________________________________________________________ (L) Has the application been the subject of statutory pre-application consultation (PAC): No _______________________________________________________________ (M) Does the Council have an interest in the site: No ____________________________________________________________________________ (N) Requirement for a hearing (PAN41 or other): Not required _________________________________________________________________________ (O)(i) Key Constraints/Designations Affected by the Development: - None (O)(ii) Soils
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Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: N/A Peat Depth Classification: N/A Does the development relate to croft land? No Would the development restrict access to croft or better quality agricultural land? N/A Would the development result in fragmentation of croft / better quality agricultural land? No (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) No Does the proposal include any replacement or compensatory planting? N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application Brownfield ABC LDP2 Settlement Strategy Main Town Settlement Area ABC LDP2 Allocations/PDAs/AFAs etc: n/a (P) Assessment and summary of determining issues and material considerations Rhu House, Rhu Road, Port Charlotte, Isle of Islay, within the Port Charlotte Conservation Area, is a Category B listed Building (Ref: LB12436). The listing states as follows: Earlier 19th century. Traditional. 2 storeys. Rubble; partly rendered; slate roofs. The host building, which comprises a detached, two storey dwellinghouse, is within the Key Rural Settlement area of Port Charlotte as designated in the Argyll and Bute Local Development Plan 2 (LDP2). It is also within the Scottish Water mains supply, the Scottish Water drainage operational area and an airfield safeguarding zone (Islay Airport) in LDP 2. It is also in proximity to, but outwith, the Loch Indaal Marine Consultation Area. The Proposal The application proposes the installation of 5No. existing windows and the replacement of the existing entrance door. The windows and door are positioned on the front elevation of the host dwellinghouse. The existing front door opening measures some 1.93m high x 0.860m whilst all of the existing 5No. window openings measure some the rear sitting room door opening measures some 1.2m high x 0.710m wide.
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The original front door, which is painted black (externally) and white (internally) is comprised of vertical timber panels with a square single pane/glass window positioned in the upper part of the door. Each of the 5No. existing windows are timber in construction, sliding sash in their design, white in colour and each leaf incorporates 2No. single panes of glass separated by a central vertical glazing bar. The proposed replacement front door, which will be installed within the existing opening, comprises a composite door (colour green) which incorporates a vertical timber-panelled design (to match the same design of the existing door), a chrome lever door handle and a square single pane frosted plain window in the upper part of the door. The proposed 5No. new windows, all of which are Upvc in their construction, each comprises a vertical slider movement with both the top and bottom leafs incorporating a single double-glazed pane of glass. The windows will be installed within the existing opening incorporate a white frame, sash, bead and cill. Assessment Policy 7 of NPF4 states, “Development proposals for the reuse, alteration or extension of a listed building will only be supported where they will preserve its character, special architectural or historic interest and setting”. Policy 16 of Argyll and Bute Local Development Plan (LDP 2) 2024 states “A development proposal which affects a Listed Building, its curtilage or its wider setting will only be supported when it meets the following criteria: • It respects the original structure in terms of setting, scale, design, materials and proposed use, OR • The proposal is essential to securing an appropriate use of the Listed Building without undermining its architectural or historic character, or its setting, AND • It conforms to national policy and guidance, including but not limited to those set out in the section above ‘Related Documents’. The Council’s Technical Working Note (Working Note) states that windows ‘are an essential element in the external character, appearance and composition of traditional buildings. They are an important element of a building’s design and weatherproofing. The size, shape and position of the openings are significant, as are the form and design of the framing and glazing. Their style, detailing and materials help us to understand when a building was constructed or altered, its function and advances in related glazing technology. In simple vernacular buildings a considerable amount of the character comes from the windows. When replaced unsympathetically the appearance of the building is damaged, and the unity that comes from the repetition of window patterns and traditional materials is diminished. Cumulatively this leads to an erosion of the character of the street and over time the whole area’. The Working Note goes on to state that in respect of Listed Buildings, ‘only refurbishment / repair or ‘like for like’ timber replacement shall be permitted’. This position is supported further wherein it states that all replacements (frontage and rear) should be sympathetic to the original and traditional windows.
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In this case, neither refurbishment nor repair of the existing sliding sash windows are proposed. Moreover, no evidence was provided to demonstrate that these options have been considered even in the first instance. It is evident, having regard to the details/drawings for the new windows, that they do not represent a ‘like for like’ timber replacement of the existing timber sliding sash windows. Notwithstanding that there would be no alteration to the size of the existing window openings and that the general proportions on the new windows would be the same as the existing windows, I nonetheless consider that a combination of the introduction of Upvc finishes, double glazing, the different glazing pattern and the design/style of the proposed windows including their colour, would both individually and cumulatively, undermine the host buildings character, architectural/historic interest and setting. Moreover, given that the host building is attached to another building of similar vernacular style, proportions and character and whose front elevation windows are timber sliding sash, I also consider that the introduction of the proposed new windows would unacceptably detract from the setting of this pair of buildings and the streetscape as a whole. In respect of the replacement front door, and whilst I consider its proposed colour to be sympathetic to the host Listed Building, I nonetheless consider that a combination of the proposed introduction of its composite finish and the insertion of frosted double glazing would similarly undermine the host buildings character, architectural/historic interest and setting. All in all therefore and when assessed both individually and as a whole, for the reasons detailed above, it is therefore considered the proposal is contrary to Policy 7 of NPF4 and Policy 16 of LDP 2. Recommendation: As it is considered that the proposal is contrary to Policy 7 of NPF4 and Policy 16 of the Argyll and Bute Local Development Plan 2, listed building consent should be refused for the proposal. _____________________________________________________________ (Q) Is the proposal consistent with the Development Plan: Yes ____________________________________________________________________________ (R) Reasons why planning permission or a Planning Permission in Principle should be granted: N/A ____________________________________________________________________________ (S) Reasoned justification for a departure to the provisions of the Development Plan: N/A ____________________________________________________________________________ (T) Need for notification to Scottish Ministers or Historic Scotland: No ____________________________________________________________________________
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Author of Report: Francis Gillespie Date: 25.11.2024 Reviewing Officer: Bryn Bowker Date: 03.12.2024 Fergus Murray Head of Development and Economic Growth
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 24/01803/LIB 1. The proposed development is contrary to Policy 7 of NPF4 and Policy 16 of the Argyll and Bute Local Development Plan 2 in that it would undermine and thereby fail to preserve the host Listed Building’s character, architectural/historic interest and setting. APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application 24/01803/LIB (A) Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. No (B) The reason why planning permission has been approved: N/A