uPVC windows in conservation area

TheGardener

I would be really grateful if anyone could point me to a place where I can get some reputable, independent(not a glazing company) advice about replacement windows in a conservation area. Please don't suggest the council as it appears covid has rendered my local council completely unavailable according to their auto-reply to my email. . The property is a period property in a conservation area (but not a listed property). The conservation status was conferred in 2008. However, prior to 2008, the previous owner installed some pretty awful uPVC windows and doors in the 1980s which are now failing anyway. I would like to replace the windows and doors with something more suitable but I am struggling to find any advice or guidance on what materials I can use and whether I need planning permission to do it. 

TELLIT01

Sorry but the Conservation Officer is the only person who can give a definitive answer to what is or is not acceptable.  A window type may be acceptable in one location but not another.  By location I mean anything from a specific wall in a property, to a street, to a whole area.

scottiescott

Where I live in NE Scotland it is an on-going issue. Council will not approve applications for UPVC windows in a Conservation Area.
Nonetheless, most people just fit UPVC windows anyway and don't go near the council.
There seems to be no enforcement. I am unaware of anyone ever having to remove UPVC windows fitted without permission.
But don't annoy your neighbours - just in case!

shinytop

New windows are Permitted Development, even in a Conservation Area (I'm assuming you're not a listed building).  However, Conservation Areas can impose Article 4 Directions, which are additional restrictions on PD.  You need to find out if there are any in your CA. If there aren't, you're OK.  Google should help.  Here are a couple I found.
https://www.sholland.gov.uk/article/11211/Conservation-areas
http://www.southkesteven.gov.uk/index.aspx?articleid=14519
You could also apply for a Lawful Development Certificate; your council may then become interested in you because there is a fee involved.  
https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/3

  

TheGardener

Unfortunately, our council doesn't have a designated conservation officer - it's a role shared by the planning team. The main conservation area document on their website published over 10 years ago says there is no Section 4 direction for this particular area but recommends that the council should consider having one. The bit I seem to need to know is whether a Section 4 has been assigned since then.
As for enforcement, in December 2020 a resident in Stoke on Trent had their appeal against a conservation area enforcement notice dismissed on the grounds that even though the council couldn't lay their hands on the original S.4 document (so presumably the information wasn't readily available to the public)  - there was sufficient evidence to suggest that the resident should have known about it. 
I'll keep emailing the council and hopefully someone will respond sooner or later

Apodemus

While I share your healthy fears about glazing companies, it might be worth looking for a local joinery company that does windows in your area and asking them for advice.  In some places, these companies are very good, know what the options are for the sort of windows that meet the regulations and will have extensive experience of working with the local planning officers.  If all else fails, knock on local doors where you see new wooden windows that you like and ask for details of the suppliers.

shinytop

TheGardener said:

Unfortunately, our council doesn't have a designated conservation officer - it's a role shared by the planning team. The main conservation area document on their website published over 10 years ago says there is no Section 4 direction for this particular area but recommends that the council should consider having one. The bit I seem to need to know is whether a Section 4 has been assigned since then.
As for enforcement, in December 2020 a resident in Stoke on Trent had their appeal against a conservation area enforcement notice dismissed on the grounds that even though the council couldn't lay their hands on the original S.4 document (so presumably the information wasn't readily available to the public)  - there was sufficient evidence to suggest that the resident should have known about it. 
I'll keep emailing the council and hopefully someone will respond sooner or later

That is worrying.  Good luck with the council and please post an update.

TheGardener

shinytop said:

That is worrying.  Good luck with the council and please post an update.

The case is here. High Court upholds conviction for failure to comply with enforcement notice despite council losing Article 4 direction (localgovernmentlawyer.co.uk) On closer reading of the case it seems it wasn't so much that he should have known but that the lack of the actual document was not enough for him to appeal the enforcement notice. It was that the council in question could prove that there was an Article 4 direction and they were justified in serving the enforcement notice. The fact he may have been unable to find any information about it didn't wash with the judge. 

Rodders53

This is one where, maybe, your local Councillors are worth contacting... they can kick the work(shy) at home Planning Officers for 'advice' on your behalf?

shinytop

Hmm,  he doesn't sound like an innocent citizen who accidentally breached the direction.
In my case, I asked the council if UPVC windows were allowed given I live in a CA.  They replied, rather cryptically (but also helpfully), saying 

"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:

<my local authourity planning site>

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

<my local authourity planning site article on 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 took that as a yes. 

theoretica

You might find it interesting to look through past planning applications in your area - conservation area near me I found someone applying to put new uPVC windows in on the basis that they had already been replaced with uPVC (now old and manky) and was turned down.  They applied again for a different look of uPVC and were told no, again.  However, replacing with wood which matches what would originally have been there (slim double glazing is permitted) did not need planning permission.