Planning question - replacement windows in a conservation area

shinytop

As per title, we may be looking to replace windows in our house in a conservation area.  My question is, if there is no Article 4 Direction in a Conservation Area, does this mean all Permitted Development is allowed?    I told the local planning department where I lived and asked them whether I could replace the windows.  They said:

Further to your enquiry to the local planning authority to determine whether or not planning permission is required for the proposed development, the local planning authority does not offer this advice.  As an alternative you are advised to view our website via the following link:

http://www.linktomycouncil

The planning portal has a helpful guidance regarding windows and doors below:

https://www.planningportal.co.uk/info/200130/common_projects/14/doors_and_windows

Please note there is no Article 4 Direction in this Conservation Area.

 If you require written confirmation from the local planning authority as to whether or not planning permission is required for your proposal, you can apply for a Certificate of Lawfulness. Further details about Certificates of Lawfulness and how to apply for them can be found on the Planning Portal via the link above.

 I hope this clarifies the situation.

The planning portal link says to check with the local planning authority.  The council site link is no help either.  Is the planning authority helpfully giving me the information I need to work it out for myself without actually telling me in their email?  I could apply for the certificate but that obviously costs.  If I need to I will though.  Does anyone know?  

Homer_home

That's laughable, in the same letter they say they don't give advice whether planning permission is required or not but they say if you pay they do give advice!

Cash-Cows

Being in a conservation area you will need to preserve or enhance the area with your works. You can in theory without planning permission replace the windows if they do that. If you change the materials, shape or design then these would likely need planning permission. For the sake of just a couple of hundred pounds I would pay for pre planning advice.

DevilDamo

I don’t know any LPA that would give an answer without having to request some kind of fee.

As mentioned, you could look to seek their Pre-application advice, submit a LDC application or just proceed with the alterations (if they’re considered to be PD).

If you’ve already had confirmation there is no Article 4 Direction, then that’s the first major hurdle overcome. The other thing you could do is check your Council’s website for any neighbours that have submitted formal/Full applications. Included within those applications in most cases is the Planning Officers’ report/assessment. Those reports would normally list the relevant policies and restrictions with the area. Following those checks, you should be in a position to know whether or not the alterations require formal Planning.

shinytop

DevilDamo said:

I don’t know any LPA that would give an answer without having to request some kind of fee.

As mentioned, you could look to seek their Pre-application advice, submit a LDC application or just proceed with the alterations (if they’re considered to be PD).

If you’ve already had confirmation there is no Article 4 Direction, then that’s the first major hurdle overcome. The other thing you could do is check your Council’s website for any neighbours that have submitted formal/Full applications. Included within those applications in most cases is the Planning Officers’ report/assessment. Those reports would normally list the relevant policies and restrictions with the area. Following those checks, you should be in a position to know whether or not the alterations require formal Planning.

Thanks, that's very helpful.  

shinytop

Thanks for this.  I think I've found the answer, which may help others so I'll repeat it.
  
No applications for replacement windows have ever been made in my conservation area in the last 20 years, apart from for listed buildings (which mine is not).  Most houses around me have UPVC DG.

I had a scan over a wider area in the same council and found the same.  I also found a Certificate of Lawful Use or Development for the same thing as I want to do.  It says (I paraphrase) "Replacing your windows without materially affecting the external appearance isn't considered development under the Town and Country Planning Act 1990.  Even if someone else decides it is development, it would be Permitted Development.  Your development is therefore deemed Lawful"   The applicant in this case had already applied for planning permission and had been told by the planning department it wasn't needed.  He wanted written confirmation and was told the way to get this was via a Certificate of Lawful Use or Development.  

The same planning department has pointed me to a link that says that replacing your windows without materially affecting the external appearance doesn't need planning permission.  They have also confirmed that no Article 4 applies.  I think I have my answer now so thanks for all the replies.

BTW the PO of the house affected the appearance at least as much as I intend to by painting the timber windows and garage door (very badly) in that rather (IMO) twee looking Chartwell Green.  But each to their own