double glazing problem with council

neilsolaris

Hi,

I just wanted to ask advice and hope someone can help me.

Back in October, I had some PVC double glazing installed to replace my sash windows. 95% of the properties on my road are PVC double glazed. There's nothing in my deeds to say I can't do so, and my property is not listed.

However, no sooner had I got it done, when I got a letter through informing me that my next door neighbour had applied for it, and got refused, on the basis that we are in a non-designated heritage site. I inspected the council website beforehand, and didn't find any information on this. A woman at the council said that at some stage soon they will be writing to me soon to instruct me to replace my windows to something that they deem appropriate.

When I pointed out that there were identical properties with the same double glazing to us (including the neighbour downstairs!), she said they can't do anything if it is 4 years old. Because they know when we installed ours we seem to be targeted. And for your information there are so many identical twin properties in our area with one having sash windows while the other has PVC double glazing.

My question is, is it worth us fighting the council? If we refused to replace our windows what would happen? Would they just fine us? If the fine was less than the replacement value then that would seem preferable, unless there were other repercussions.

I should add, it's quite a poor neighbourhood in general, and the few original sash windows on my street and surrounding streets are in a shocking state of repair. The woman at the council said their reasons for asking us to replace our windows are to do with improving the appearance of the town's "assets". To me, the double glazing on my street and surrounding streets look infinitely superior.

Thanks for your help and advice.

Owain_Moneysaver

Write back to the council asking for a copy of all documents relating to the designation of your property as a non-designated heritage site. State your request is a Freedom of Information Act request and you expect their response within the statutory timescale.

The National Planning Policy Framework identifies two categories of non-designated site:

(1) Those that are demonstrably of equivalent significance to scheduled monuments and are therefore considered subject to the same policies as those for designated heritage assets (National Planning Policy Framework Paragraph 139).

(2) Other non-designated heritage assets of archaeological interest.

Also ask the council under what statutory provisions are they objecting to your windows.

neilsolaris

Thanks Owain for your reply and suggestions. I will try that and let you know how I get on.

litibe

Anyone having the same problem would like to share their story/experience?

neilsolaris

Hi again,

We have just received the dreaded, but expected letter demanding that we change our windows.

Interestingly, when the lady phoned me beforehand, she clearly said that the reason why my property could not have UPVC windows, and other properties in my street could, was because of it's age in relation to the others. In the letter, it states that the reason is because my property is a converted property (i.e. maisonette).

It also goes on to say that before we change our windows, we have to apply for planning permission, and pay £172. It doesn't state what windows next door have got permission for, but presumably there would be no need to seek planning permission if we copied him? Not that we intend to, unless forced to!

Anyhow, we are going to take your advice and ask where it states that UPVC is unacceptable.

Also, we have drafted a longish letter, showing how most the properties on our road, and also the adjacent road (which is in the conservation area) predominantly have UPVC windows, including the converted properties. I'm just wondering, should we keep the first letter very short, or does it not really matter?

Thanks again for your help.

lstar337

neilsolaris wrote: »

Also, we have drafted a longish letter, showing how most the properties on our road, and also the adjacent road (which is in the conservation area) predominantly have UPVC windows, including the converted properties.

Do you have photo's of these properties?

I would take lots of photo's to build a case.

neilsolaris

Hi Istar,

We have taken photos of all the properties on the adjacent road (the one actually in the conservation area), and are about to do the same for our road, and maybe another one too. Maybe after that we'll give them percentages of properties that have UPVC windows.

MX5huggy

Your going down a blind alley, precedent is not a valid argument in planning.

What other people have done and got away with is also not relevant.

You should employ a local planning consultant to advise you.

neilsolaris

I just read the appeal decision regarding next door applying for UPVC windows, and this part might be useful. "Given the apparent age of the building, it can be considered as a non-designated heritage asset in line with the National Planning Policy Framework, and in particular paragraphs 129 and 135.

Paragraph 129 - Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal.

Paragraph 135 - The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that affect directly or indirectly non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

neilsolaris

Thanks MX5huggy, maybe employing a planning consultant is the best way forward.

Also, what is the likelihood of them taking us to court if we ignore their letters? On another forum people suggested they won't bother.

nickj_2

one of my customers lives in a bungalow built in the 1960's ish , he wanted ahuge conservatory built on the back , the council said that as it is in a conservation area it must be built in wood
no one apart from people in aircraft coming in to land at stansted are able to see the house , it is totally invisible to anyone walking ordriving by , needless to say it cost a huge amount more than a upvc one and of course he has to get me to paint it every 3-4 years
just to rub salt in his woulnds , a guy a few doors up knocked down a similar bungalow and built a hideous "eco " house , this looks more like something you would see on an industrial estate ,
so i guess the moral is , call it eco = get away with anything