Article 4 planning - UPVC windows enforcement visit...HELP!

vicR

We have recently replaced the remaining windows in our property with UPVC (some were already done when we moved in last year)
Have just had a visit from the planning enforcement officer to say they have had an anonymous complaint and that there is an article 4 restriction and we are in a conservation area. I am in bits...we only finished the job that had been started, the house next door has UPVC windows and it has cost us everything to do this. We made sure the style matched those already in etc

We were not aware of any restrictions during the purchase and would have to sell if they tell us we have to put wooden ones in as there is no more money. Any advice about what may happen please?

System

what you would have to do if there is a restriction on the property (which you really should have checked before changing the style of windows) is a retrospective planning application, if that was refused you would then go to appeal... sounds like you have some nosey neighbours!!
What you should say to the planners is that you were unaware of and restrictions and the next door house already had upvc so you didn't think there would be a problem, depending on the style of the upvc window and old window you could argue that they look the same (although it's unlikely they will) you can also say that the windows had to be replaced on energy saving grounds if the old ones were single glazed, and that the budget wouldn't cover timber windows, article 4's are normally for an area rather than specific buildings so, although planning officers will deny this, there is precedent set here.

basically wait and see what they say, then deny any knowledge of the restrictions, point to next door if it is under the same restriction, and tell them your budget

vicR

Thanks. We had been told this wasn't quite in the conservation area and we have made sure that the new ones fitted with the ones that had already been done. We made sure there were the same number of panels etc as the wooden ones, but the old ones literally rattled and there was a retention on the mortgage due to this. Very upset as it's taken 12 months to save the money and officer has scared us to death with talking about them all having to be removed. Nightmare....thanks for your help.

System

it will take a good long time before they would issue an enforcement order like that - as far as i'm aware. if it comes to it you could appoint a planning consultant to deal with it, they usually can get the coucil too confused about their own rules!!

WillowCat

vicR wrote: »

Thanks. We had been told this wasn't quite in the conservation area

Who told you that you weren't quite in the conservation area?

As far as I remember the question is standard on the current property questionnaire and you should have been given the answer during the conveyancing.

If your seller or your solicitor gave you false information you *may* have a case against them, though it would likely be expensive to prove.

leveller2911

I make and fit a fair few timber windows and doors in conservation areas and it can be a nightmare to deal with. Recently one of my clients wanted me to make new windows ,traditional design with sealed units with nice slim glazing bars.The house ins't listed but is within a conservation area.The listed planning officer would not entertain double glazing let alone upvc even though 3 houses opposite all have upvc windows.The atricle 4 came in after they were put in, but none since....

TBH ignorance is no defence and will hold very little water with the authorities.I would also say that from experience planning consultants can be very expensive to hire with often little or no return for your money.........Good luck OP

System

leveller2911 wrote: »

I make and fit a fair few timber windows and doors in conservation areas and it can be a nightmare to deal with. Recently one of my clients wanted me to make new windows ,traditional design with sealed units with nice slim glazing bars.The house ins't listed but is within a conservation area.The listed planning officer would not entertain double glazing let alone upvc even though 3 houses opposite all have upvc windows.The atricle 4 came in after they were put in, but none since....

TBH ignorance is no defence and will hold very little water with the authorities.I would also say that from experience planning consultants can be very expensive to hire with often little or no return for your money.........Good luck OP

either you've worked with some bad planning consultants or i've worked with some good ones, but in a situation like this i recommended it as a last resort, ripping out windows and replacing them with timber ones is going to be more expensive than a days work for a planning consultant!

however, you are right that ignorance won't hold much weight but it is the real reason for this so the point has to be made, i live in a conservation area and you know that some poeple replace their windows with whatever they like knowing fine that if someone complains they will be in trouble, i've only ever seen one person actually forced to undo work, but by the time they took to get the enforcement order the person could afford to replace them!

vicR

Thanks for your comments.
It's easy now to think 'we should have done...' but we thought it was OK based on previous info and other properties. They also seem to be saying that we would also have to replace the ones that were already here, even though they were fitted before our time, which seems unfair. A few sleepless nights to come I think......

leveller2911

the_r_sole wrote: »

either you've worked with some bad planning consultants or i've worked with some good ones, but in a situation like this i recommended it as a last resort, ripping out windows and replacing them with timber ones is going to be more expensive than a days work for a planning consultant!

I understand what you say, but IMO most Planning consultants will take far more than 1 day, they will go over different scenarios ,plans of actions etc... If it costs the OP a days money then good luck to them...

samwak

How did you end up getting on? I've just had a planning enforcement visit regarding UVPVC windows in a conservation area and was wondering what to do!

societys_child

samwak wrote: »

How did you end up getting on? I've just had a planning enforcement visit regarding UVPVC windows in a conservation area and was wondering what to do!

Welcome to the forum
vicR has not been seen since he posted this in Nov. 2010 . . . . don't think you'll be getting a reply from him unfortunately .