double glazing problem with council

planning_officer

Like MX5Huggy says, precedent is not particularly relevant in the planning process. Every case is decided on its merits. It may be that there are lots of other pvc windows in the street, but if traditional sash windows are the norm, then that's a good enough reason for the Council not to allow any more pvc ones.


The fact that you need planning permission for the windows is also to do with your property being a maisonette - they have no permitted development rights, unlike houses. Permitted development rights may sometimes be taken away from houses too in conservation areas, but not always.


The point made earlier about a 4 year period is the time during which a Council may take enforcement action. Obviously, if the Council was unaware of the other pvc windows within the respective 4 year period from when they were done, their hands are tied, but that doesn't affect your property, as they can still take action.


It's probably pointless asking where it states pvc is unacceptable - it may not say it anywhere in black and white. It may be part of the planning officer's assessment that it is overly modern, or out of character with the age of the building.


The Council are clearly bothered about the pvc windows and want to see them removed. They may end up serving an Enforcement Notice, and if you don't comply with that it then becomes an offence. It's not an offence at the moment and it only would be if the building was listed. An Enforcement Notice would specify the precise steps you need to take - e.g. remove pvc windows and replace with wooden sash ones (for example). Yes, you could be fined for non-compliance but you would still need to do the work - and another option the Council has (if you didn't comply with an Enforcement Notice) is to employ someone to undertake the work and then bill you for it, or register it as a land charge against your property. This really is a last resort though for the Council.


However, in the first instance you either need to replace the windows with whatever traditional ones the Council are suggesting, or apply for planning permission and appeal the refusal (which seems a bit pointless if you say the neighbour has already appealed against something similar and lost).

usignuolo

Yep - my neighbours at the back (in a road at right angles to ours) installed a horrible roof extension visible from all our gardens and quite out of keeping as we live in a conservation area. I objected (they had not built what they applied to build but something larger in different materials.) They appealed and they were allowed to keep it as the planning officer had misguidedly issued a certificate of approval. Meanwhile my next door neighbour was refused planning permission for a small tasteful modern rearextension on the grounds we are in a conservation area.

It then emerged that due to a clerical error some years back, when the area was designated a conservation area, the street at right angles to ours,had been left off the designation. This has had the absurd effect that our neighbours in the excluded road can put on whatever extension they like, within permitted building rights and we have to look at it (our gardens are all very small) but we can only put up tasteful extensions for them to look at. Our local councillor asked the planners to add the road concerned to the conservation area but they declined as they said they were not inclined to make any further changes and we would just have to live with the "historic anomaly".

neilsolaris

I forgot to post an update. Last year we write a series of complaints to the council, and also wrote to the local MP, who also wrote to the council on our behalf. This had the effect that the man in charge viewed our property and decided ordering us to change our windows was disproportionate. Therefore we get to keep our windows!

EssexExile

Common sense prevails - well done!

pc1271

a victory for common sense! Shame it has to be such a battle!

Seronera

You could have put UPVC double glazed sash windows in and killed two birds with one stone. That is what we did to preserve the building profile of this 1885 stone property. It looks far better than what next door did in our terrace.

neilsolaris

Thanks, and thanks too for your advice.