Fife Planning Review Body FPRB Reference: 86/12 Review Decision Notice ______________________________________________________________ Decision by Fife Planning Review Body (the FPRB) Site address: 8 Braehead, St Monans, Anstruther Application for review by Mr R Irwin against the decision by an appointed officer of Fife Council Application 12/00029/FULL for planning permission for installation of replacement windows Application Drawings: Location Plan-01, Existing Elevations-02, Existing Elevations03, Existing Elevations-04, Existing Elevations-05, Existing Elevations-06, Window Details-07, Window Elevations-08, Window Elevations-09, Window Elevations-10, Window Details-11 No Site inspection took place Date of Decision Notice: 26th September, 2012 ________________________________________________________________________ Decision The FPRB upholds the determination reviewed by them and refuses Planning Permission for the reason outlined below in section 4.0. 1.0 Preliminary 1.1 This Notice constitutes the formal decision notice of the Local Review Body as required by the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008. 1.2 The above application for planning permission in principle was considered by the FPRB at its meeting on 27 August 2012. The Review Body was attended by Councillor J Beare (Chair) Councillor J Baxter, Councillor D Mogg and Councillor M Taylor. 2.0 Proposal 2.1 Planning permission is sought for the installation of replacement windows within a 2.5 storey unlisted dwellinghouse located within a terrace of 3 located within the St Monans Conservation Area. The property is a traditional stone built building and currently has brown, timber windows which are not original to the building. 3.0 Reasoning 3.1 The determining issues in this review were the design, materials and type of windows proposed. The FPRB considered the terms of the Development Plan which comprises the TAYplan (Approved 2012) and Adopted Largo and East Neuk Local -2Plan (1995). The FPRB also considered that significant weight should be attached to the Finalised St Andrews and East Fife Local Plan (2009), which was moving close to adoption. The FPRB were aware that the site lay within an area formerly covered by the Approved Fife Structure Plan 2006-2026 (2009) but following the adoption of the TAYplan this now supersedes the Structure Plan. (It was noted that there were no TAYplan policies specifically relevant to this form of development) The FPRB were also aware of the supplementary guidance contained within Fife Council’s Planning Customer Guidelines on Windows in Listed Buildings and Conservation Areas. The FPRB were also aware of their duty under section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 that special attention should be paid to the desirability of the preserving or enhancing the character and appearance of the Conservation Area. 3.2 The FPRB were aware of the Adopted and Finalised Local Plan policies that sought to ensure that alterations to buildings meet the test set by section 64 of the Act. The FPRB also noted that the supplementary guidance does not support the use of uPVC in replacement windows of traditional buildings in Conservation Areas. 3.3 It was noted that the buildings were traditional stone properties where the original window type would most likely have been a timber sash and case window. It was noted that the application site and its two neighbours no longer had their original windows. The windows in the application site were timber but of a turn and tilt design that did not reflect the proportions of traditional windows. Whilst it is unfortunate that control has been lost over these windows it was not considered that this would justify setting aside the terms of the policy guidance. 3.4 As the proposed windows would be white uPVC windows that would not open in a sash and case manner the proposals would neither enhance nor preserve the character or appearance of the Conservation Area. The FPRB, therefore, upheld the decision of the Appointed Officer, as the proposal did not comply with the Development Plan or the Customer guidelines on replacement Windows in Listed Buildings and Conservation Areas. 4.0 Reason for Refusal 4.1 The FPRB decided that planning permission should be refused in accordance with the original refusal reason as follows: 1. In the interests of visual amenity; the proposed windows by virtue of their design and UPVC frames would adversely affect the appearance and character of the surrounding St Monans Conservation Area, contrary to Policies H5 and EV2 of the Adopted Largo and East Neuk Local Plan (1995), Policies E4 and E7 of the Finalised St Andrews and East Fife Local Plan (2009) and Fife Council Planning Customer Guidelines on Windows in Listed Buildings and Conservation Areas (2009). ………….…………………………………………. Stuart Crosbie, Managing Solicitor. -3- TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 Notification to be sent to applicant on determination by the planning authority of an application following a review conducted under section 43A(8) Notice Under Regulation 21 of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008. 1 If the applicant is aggrieved by the decision of the planning authority to refuse permission or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may question the validity of that decision by making an application to the Court of Session. An application to the Court of Session must be made within 6 weeks of the date of the decision. 2 If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part V of the Town and Country Planning (Scotland ) Act 1997.