Content

Title of Decison Requested: Listed Building
Enforcement Notice for 1 Court Cottages Rose Ash South Molton EX36
4RB case ref 12210

Decision requested by decision maker: Approval to issue Listed
Building Enforcement Notice for plastic windows in rear elevation
at 1 Court Cottages Rose Ash South Molton EX36 4RB

Reasons for the decision

Policies ST15 and DM07 of the North Devon and
Torridge Local Plan 2011-2031 seek to preserve and enhance northern
Devon’s historic environment. The dwelling is listed Grade
II.

1.2. The replacement of the timber windows in the main dwelling
with UPVC introduces modern and inappropriate features to a Grade
II listed building, which detracts from the historic character and
appearance and also the setting of the building. Accordingly, the
development undertaken conflicts with the policy requirements set
out at Policies ST15 and DM07.

1.3. North Devon Council is the local planning authority for the
purposes of the Planning (Listed Buildings and Conservation Areas)
Act 1990 (“the Act”) in relation to the following
building: 1 Court Cottages, Rose Ash, South Molton EX36 4RB
(“the building”).

1.4. The Building is included within a list of buildings of special
architectural or historic interest compiled or approved under
Section 1 of the Act.
1.5. It appears to North Devon Council that the works specified
below have been or are being executed to the Building and are such
as to constitute a contravention of Section 9(1) of the Act:
Installation of: 1. Plastic windows at ground floor level in the
rear elevation.

1.6. A Listed Building Enforcement Notice should be issued to
remedy the alleged breach of planning control. The Council
considers it expedient to issue this Notice for the following
reasons:

1.7. The installation of UPVC windows to this Grade II listed
building introduces modern features to this traditional building,
which detract from the historic character and appearance of this
listed building and also its setting. The development is therefore
contrary to Policies ST15 and DM07 of the North Devon and Torridge
Local Plan 2011-2031.

Alternative options considered

3.1. There are no other actions the Council
can take to remedy this breach of planning control. The owner has
not complied and will not comply unless formal action is
taken.