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Conservation Area

HI,


have a bit of problem, i have been struggling to sell my old flat, mainly due to a bad home report which has identified a number of potential issues with some of the traditional features (windows/doors etc) of my flat.


anyway a mate, who is a builder, kindly offered to refurb it for me, basically at no cost to myself to help make more saleable.


The flat has huge sliding timber sash and case windows at the the front, and two slightly smaller ones at the back.


My mate (with good intentions) has went and replaced the rear sash windows with UPVC, as they were in such a bad state, thankfully he has left the front ones "as couldn't change them mate, as its in a conservation area"


I thought replacing any windows would require permission, even the rear? Anyone have any experience of this?


the rear windows are totally out of view of the public roads and neighbour's, so do not impact on the look of the main street which is protected under the conservation area tag (the front sash and case windows look out onto this)


I suppose my question is


Do i need to get retrospective permission


if i do what, what is the chance of them approving my UPVC windows which are totally different to what was in before.


Would proceeding as is without permission flag up or stop any potential sale.


Thanks

Comments

  • In a designated Conservation Area it makes no odds which elevation the window is on it still needs permission. It will certainly be picked up by the buyers survey report.
  • Chanes
    Chanes Posts: 882 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    You really should have spoken to your council before doing anything to your property. They can make you return to the exact same thing you had removed if you renovate without permission from them. I hope you get a sympathetic hearing and not an complete ahole to deal with, should it reach them.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    either you go for an application and wait two months to know - or fire on and get an indemnity policy to cover it if the buyer asks - but you need to be careful, if you enquire to the council about it, it could mean you can't get an indemnity policy
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • teneighty
    teneighty Posts: 1,347 Forumite
    I would apply some common sense.

    Conservation areas can be a very mixed bag. Do you think the replacement windows on the rear elevation will have a dramatic affect on the character of the conservation area?

    If yes then you are in a pickle. If no then just stick in an application.

    I've just obtained permission for some work on a house in a conservation area. The house itself is a pug ugly 1970's monstrosity. I still had to jump through hoops and produce a "heritage statement" which basically said "this house is so damn ugly it doesn't matter what we do to it we cannot make it any worse or any more of an eyesore in the conservation area setting"
  • teneighty wrote: »
    I would apply some common sense.

    Conservation areas can be a very mixed bag. Do you think the replacement windows on the rear elevation will have a dramatic affect on the character of the conservation area?

    If yes then you are in a pickle. If no then just stick in an application.

    I've just obtained permission for some work on a house in a conservation area. The house itself is a pug ugly 1970's monstrosity. I still had to jump through hoops and produce a "heritage statement" which basically said "this house is so damn ugly it doesn't matter what we do to it we cannot make it any worse or any more of an eyesore in the conservation area setting"

    Agree with teneighty. Our conservation area is similar. There are only about five 'old' houses - and by that I mean three built in 1850s and two in 1930s by a renowned local architect - the remainder being 1970s and 1980s. The oldest three - including ours and our closest neighbour - also have an article 4(2) direction removing permitted development rights. The neighbour's house already had ghastly white upvc windows - amongst other totally inappropriate alterations - when he purchased it in 2015. He's now extending the property - planning has been granted - and is not only retaining the existing white upvc, but is adding more :o

    Our planning dept don't seem to give a monkey's, tbh, as they allow all sorts of stuff that wouldn't have been passed in the previous conservation area we were in.

    In the OP's shoes I guess it does boil down to what kind of conservation area it is, but personally I think I would put in an application for retrospective planning and hope for the best.
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  • dj1471
    dj1471 Posts: 1,969 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker!
    In a designated Conservation Area it makes no odds which elevation the window is on it still needs permission.
    Actually it sometimes does, my conservation area forbids certain things only if they are visible from the street.

    The OP needs to read the rules for their area to see what is and is not permitted, the rules vary widely depending on what the conservation area is trying to conserve.
  • Skinto_7
    Skinto_7 Posts: 264 Forumite
    Thanks everyone for your replies.

    Just to answer a few of the questions

    Imo the change in windows in no way affects the character of the property that the conservation rules are protecting (the back is out of public view and is a painted flaky exterior with previously rotten timber windows, the replacement upvc ones are similar in style however are not an exact proportional match) the character is at the front elevation where the original exposed stonework and windows are in full public view and have not been altered.

    That being said due to the type of village it is, i imagine the planning dept may still be very strict (unfortunately the council website is unclear exactly what is permitted within this conservation area)

    On this basis and as it is not in public view (so is unlikely to be reported or spotted by the council) I am leaning towards charging on and taking out an indeminty should/when it's picked up by any buyers surveyor/solicitors, from a practical point of view the new windows are 100 times better to live with for whoever buys the property so would not imagine they would cause any issues or flag it up, so long as there was an indemnity in place.

    Don't want to cause any problems, or would not want to affect the character of the conservation village, and don't feel.proceeding as above would do that but also don't want to leave myself or any future buyer exposed by penalties or charges by the council
  • leveller2911
    leveller2911 Posts: 8,061 Forumite
    Skinto_7 wrote: »
    Thanks everyone for your replies.

    Just to answer a few of the questions

    Imo the change in windows in no way affects the character of the property that the conservation rules are protecting (the back is out of public view and is a painted flaky exterior with previously rotten timber windows, the replacement upvc ones are similar in style however are not an exact proportional match) the character is at the front elevation where the original exposed stonework and windows are in full public view and have not been altered.

    Thing is though your opinion (like mine) is irrelevant. Whats the point of giving a village,street etc Conservation status and making rules so that it keeps the historical relevance if people just ignore the rules because they don't thinks its right?.

    The area would no longer have any historical features at all.The conservation officers may well have given you permission anyway given what you say about the fact that the rear elevation can't be seen by the public.

    What would happen to the area if everyone ignored the rules regarding Conservation?.
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