Planning department demands for new windows (conservation area)

housebuyer7

Hello,

I live in a Conservation area in a circa 1900s mid-terrace. My house is NOT listed. 
Some time in the 80s, my original sash windows were replaced by the previous owners with plastic uPVC nothing like the original in appearance. We are one of about 4-6 on the road like this.

I have submitted planning permission to replace the windows at the front with accoya sash windows. My application included front elevation plans. Planning have now come back to me to state they need section plans 1:10 scales of the proposed windows from the manufacturer that shows these will either be single glazed or slim double-glazed units with integrated glazing bars. I've confirmed this will be the case but they need more plans. They specify that if the plans are approved, these details could form part of a condition that would need discharging prior to instalment.

I am just feeling frustrated given the hideous, mouldy windows in situ, why they need yet more plans.

BUFF

Your house is not listed but it is in a Conservation Area (same as myself).
Is there an Article 4 Direction for your Conservation Area?

subjecttocontract

Is there a question there somewhere ?
Just follow the rules, provide what they have asked for, comply with requirements and all will be well.
In a few months no doubt you will have paid out a few thousand pounds and will be able step back and admire your new windows.

housebuyer7

Yes there an Article 4 Direction for my Conservation Area.

My question is, is this actually necessary given I am not removing original windows?

Section62

housebuyer7 said:

My question is, is this actually necessary given I am not removing original windows?

Yes (especially given the LPA are asking for specific details).  The purpose of a Conservation Area (/Listing) is to preserve what is there at the time of designation/listing, rather than seeking to recreate something which existed at a much earlier time.

Planning/Listed Building Consent is needed so the planners can check the proposed changes are sympathetic to the purpose of the designation/listing, instead of being someone's idea of what the building should look like.

FreeBear

housebuyer7 said: My question is, is this actually necessary given I am not removing original windows?

So do you have uPVC sashes in the original timber frames ?

If so, and all you are doing is replacing the (uPVC) sashes with new timber, then I'm not sure you would need planning. If you go back to the council and tell them that it is a repair & replacement of the glazing units, you might find they relax their demands.

Single glazed windows should not be mandated in this day & age except for certain listed buildings.

BUFF

housebuyer7 said:

Yes there an Article 4 Direction for my Conservation Area.

My question is, is this actually necessary given I am not removing original windows?

According to my local (Scottish) council planning officer complete removal of a window in a Conservation Area requires planning permission here even if you are replacing it with an identical one. Repairs (even if you are replacing e.g. 75% of the components) do not.

I know this because I will shortly be replacing 2 previous replacement windows that do not replicate the originals with new sliding sashes (as will have originally have been fitted when built ~1905 except double glazed) - planning permission required they tell me.
I also have an old Velux that needs replaced/upgraded with the current direct replacement version  - planning permission required. 

thearchitect

I am not as familiar with English legislation as I am Scottish, but I think Freebear is probably correct.   You would only be required to seek PP where there was a material change in the external appearance of the building and hence true like-for-like (I don't mean "sort of the same") replacement would not normally require consent. 

Buff - you've probably received bum advice from the planning officer, I'm afraid. To test it should would have to make an application for a Certificate of Proposed Lawfulness, which is about half the work and fee of a full application.

housebuyer7

@FreeBear the UPVC windows are not in the original timber frames - everything original has gone.

BUFF

thearchitect said:

I am not as familiar with English legislation as I am Scottish, but I think Freebear is probably correct.   You would only be required to seek PP where there was a material change in the external appearance of the building and hence true like-for-like (I don't mean "sort of the same") replacement would not normally require consent. 

Buff - you've probably received bum advice from the planning officer, I'm afraid. To test it should would have to make an application for a Certificate of Proposed Lawfulness, which is about half the work and fee of a full application.

I have wondered especially as the Scottish Govt. is consulting atm on changes & from reading that their interpretation of the current rules did seem to differ from the GCC interpretation.

Also, my understanding is that if the planning permission application is only required because of the Conservation Area then there is no charge ... & replacing a window in a non-Conservation Area doesn't require planning permission.

FreeBear

housebuyer7 said:

@FreeBear the UPVC windows are not in the original timber frames - everything original has gone.

So you are fitting new frames and sashes - Unfortunately, this does fall within the remit of Building Control and planning.