“Unauthorised” changes to former Stone church building allowed

A developer can now keep “unauthorised” changes made to a Grade II Listed church being converted into apartments.

Alistair Howells, who has been working on the transformation of St John’s Church in Stone for several years, has claimed he was “forced” to replace the previous coloured glass windows by Stafford Borough Council’s former conservation officer.

St John’s Church has been a town landmark for around 150 years, with the foundation stone being laid in 1870. But the congregation moved out of the Grade II Listed Building in August 2012 because they were unable to afford the hefty repair bill, which had shot up to £1.75 million.

The site was sold at auction to Mr Howells in 2013 for £157,000, and initially, it was proposed to turn the former church into a restaurant. In 2015 Stafford Borough Council turned down plans to convert the building and add a two-storey extension to create four apartments, with a two-and-a-half-storey building proposed for the church car park to provide an additional four flats.

A fresh application was submitted in 2016 for conversion of the building and a two-storey extension to provide five apartments, with four more to be provided in a new two-and-a-half-storey building on the church car park. This was not determined by the council, but permission was allowed on appeal in 2017.

Listed Building Consent was also granted on appeal, a report to Stafford Borough Council’s planning committee said. But the report added:

“Due to the failure to discharge Condition 3 of the Listed Building Consent, that consent has lapsed”.

A number of works carried out on the building, including the replacement of coloured glass windows and installation of roof lights in a revised position, were deemed unauthorised. But planning committee members granted retrospective consent for variation of approved plans and retention of works to the listed building as allowed on appeal at their latest meeting on November 30th.

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Committee member and Stone councillor Jill Hood said:

“This building was falling into a grave state of disrepair, and there was structural movement and damp. It was vital that work was done, and we’ve now reached the stage where this has been beautifully restored.”

Neighbour Keith Handy objected to the window changes. Speaking at the meeting he urged committee members to visit the area to see the “heritage harm” and effect on his property.

He said:

“The original windows had sufficient opening vents and the original ventilation plan based on refurbishing the original windows was sound. After 125 years of total privacy, the proposed windows literally open into our garden and look into the corner of our home.

“The original permission retained the stained glass with secondary double glazing. This proposal is for a substantial area to not be double glazed, massively reducing energy efficiency and massively overlooking into our home.”

The meeting was told the decision to replace the windows had been made under a discharge of conditions application. There had been a need to meet building regulation requirements for ventilation, with the two options being a “very invasive and intrusive” mechanical ventilation system or windows that could open.

A judicial review was sought last year by Elizabeth Handy on the grounds the council failed to consult on a discharge of condition notice, which led to the council agreeing to quash the notice. And Mr Howells has said the Local Government Ombudsman has now been contacted.

He told the committee:

“We had windows passed and they were a condition of the conservation officer, installed at his behest. All the works and restoration to the listed building have been carried out and completed in accordance with the guidance, direction and insistence of the council’s former conservation officer at the time.

“The replacement windows were designed by the council’s conservation officer at the time. The existing windows were inspected by that conservation officer and found to be inferior quality and in poor repair, needing replacement.

“The only fault that the court found on judicial review the council made was to fail to advertise the discharge of conditions of the listed building application. All the flats were completed ready for occupation some two years ago and remain unoccupied.”