Conservation area and Article 4 direction

[Bobballs]

My mum lives in a small terraced house built about 10 years ago and its in a conservation area she wants to replace one window with a pvc unit currently its wood. How can I find out if Article 4 direction applies removing PD rights in that conservation areas as I know it doesnt apply to all ?

My mum rang the council and they said she would have to pay £65 (only payable by cheque thats progress for you) for the council to do an 'enquiry' to find out, the same person at the council also told her they didnt know if it was or was not a conservation area, though a quick google myself took me to there own web site and a map saying it was.

Thanks

 

[freddiemercurystwin]

The map should be accurate, nevertheless you would be able to request the information under the Freedom of Information Act, the council are just being lazy in asking for a fee, the only problem is that they will probably take the full amount of time they have available under the act which is 4 or 6 weeks or something. Your council will have an online form to fill in somewhere on their website. Just make sure you are very specific about what you ask as they will only answer specific questions.

 

[tony1851]

the council are just being lazy in asking for a fee,

Or more likely they just want the money to boost their coffers - but I shan't go on...............................

 

[freddiemercurystwin]

Hmm my money's on that they're lazy first, greedy second!

 

[Bobballs]

Thanks for replies.

A bit more digging on the councils website and I found my mums area is not covered by article 4 so looks like she can replace the window with a upvc unit.

One thing Im not clear on though is some councils mention window frames under conservation areas and other do not, my mums does not it only mentions installing dormer windows, can a council have its own rules ?

Cheers happy bank holiday

 

[freddiemercurystwin]

Yes all conservation area stipulations are unique.

 

[tony1851]

can a council have its own rules ?

No; permitted development is permitted development wherever you are (assuming the rights haven't been withdrawn).

Councils can't set their own policies on this.

 

[rjm2k]

If it was built that recently its likely any pd restrictions would be in the deeds, look for phrases like notwithstanding ... Gdpo.