- Decision
- dismissed, 17 August 2026
- Decided by
- Planning Inspector: A James
- Authority
- Wealden (South East)
- Appeal reference
- 6006868
- Application reference
- WD/2024/2692/LBR
- Procedure
- written representations
- Development
- Retrospective LBC: raising attic ceiling, replacing historic collars with new machine-cut timbers, reinstating lath and plaster at a higher level
- Site context
- inside settlement, conservation area, listed building setting
- Green Belt
- No
- Framework applied
- December 2024 NPPF (transitional)
- Determinative policies
- HE6(4), HE4(2)
- Development plan policies
- Wealden Core Strategy 2013 SPO2
- Main issues
- listed building special interest
Summary
Retrospective listed building consent for raising an attic ceiling in a Grade II former rectory. Historic collars and lath and plaster had already been removed. Dismissed. There was no evidence the historic timbers could not have been repaired, and re-fixing them higher would be inauthentic. The harm was less than substantial "at the lower end", but it still carried great weight against largely private benefits. The letter is dated 17 August 2026 but applies the December 2024 Framework (paras 212 and 215).
Issues and findings
- Justification. "There is also no substantive evidence why the historic timbers could not have been repaired or supported ... Accordingly, I find no clear and convincing justification for their removal" (DL ¶8).
- Reversal. Difficulty in reversing the works "is a consequence of the works having been carried out without listed building consent and does not, in itself, justify their retention" (DL ¶12).
- Harm grading. "less than substantial' and at the lower end of the scale. However, this should not be equated with a less than substantial planning objection and is of considerable importance and weight" (DL ¶13).
Planning balance
Heritage balance under 2024 para 215 (now HE6(4)). The benefits were limited and mainly private, and did not outweigh the great weight given to the harm (DL ¶16).
What made the difference
The unauthorised loss of historic fabric with no repair-versus-replace evidence. A structural survey showing the collars could not be repaired might have changed the justification.
Transferable points
- The same inspector (A James) uses the formula "low harm is not a low objection" under both Frameworks: here with "less than substantial" on 17 August (DL ¶13), and in PINS-6004605 with "a low level of harm" under HE6.
- Improved usability of a room in a private house is a private benefit (DL ¶14).
- The practical difficulty of undoing unauthorised works does not justify keeping them (DL ¶12).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HE6(4) | harm | great | decided under NPPF 2024 paras 212/215 — "less than substantial and at the lower end of the scale. However, this should not be equated with a less than substantial planning objection and is of considerable importance and weight"; "great weight" to conservation; s16(2), s72(1) cited (DL 13, 16) |
| HE6(4) | benefit | limited | small economic investment limited; extra headroom "primarily a private benefit"; plasterboard removal already done, very limited; optimum viable use not at risk (DL 14-16) |
| HE4(2) | fail | no clear and convincing justification for removing collars or lath and plaster; no evidence timbers could not be repaired; difficulty of reversal is a consequence of unauthorised works (DL 8, 10, 12); mapped from 2024 wording |
Key facts
- Grade II former rectory (1028297), 16th-century origins; works already carried out without consent (DL 7, 10)
- Modern timbers machine cut, lacking patina and evidential value (DL 7)
- Dated 17 August 2026 but cites NPPF 2024 paras 212 and 215 with no reference to the new Framework
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.