Tricky conservation area situation: replacing windows, help!

[centralscru]

Hi everyone

We're in a very difficult planning situation. We want to replace our white aluminium bay windows with the upc equivalent, which would look very similar. We live in a conservation area which has an additional "character assessment" stating that windows should be replaced with original 1930s style metal-framed windows. The cost of the upvc windows would be £2,000. The cost of the steel-framed windows is £10,000.

There is no chance we'd be able to afford that, plus the reason we want to replace the windows in the first place is that they transmit cold and cause condensation and mould, which I believe is causing my children health problems (persistent chest complaints). The steel-framed windows suffer from exactly the same problem, plus to me they look terrible.

The windows we currently have are NOT the original 1930s ones, and are in a different more contemporary style.

The planning office have advised that planning permission is required where replacement windows would not be "similar", and that the character assessment is only applicable to planning permission applications. However since the council seem to want the whole area restored to the original 1930s look, so I'm worried that the whole matter might come down to the interpretation of the word "similar".

We seem to have two choices.

1. Apply for a Lawful Development Certificate on the grounds that the new windows are similar to the existing windows (although made of a different material), and hope to avoid having to ask for planning permission.

2. Assume permitted development, do the work anyway and apply for a LDC later if we need to.

I really don't know who to turn to for advice. Can anyone help? I'm worried that asking for a firm decision from the council will be like waving a red flag - but the potential downside is fitting 2k of windows then having to replace them with 10k windows that we don't even like!

If you understand planning, what would you do?

CS

 

[freddiemercurystwin]

If you wish to go about this fully legally you will need a clear steer from the council as to whether this can be done under Permitted Development or they will require a Conservation Area Consent. Generally speaking with the conservation officer is going to be the most reliable way to find out what they will require and be prepared to accept.

An application for a CLD will sustain the same amount of scrutiny as a full planning application.

What have others in your immediate vicinity done? Have you had a look on your local planning online register to see what other applications have been submitted?

My experience of the attitude of conservation officers is typically that if people don't like the requirements of a conservation area they should not be living there.

 

[^woody^]

Your post is not clear as to whether there is an Article 4 Directive removing permitted development rights for the windows or not

If you are in a house, then the windows will be permitted development and you can change them for what you like ... unless the council has removed your PD rights via an Article 4 Directive.

If the council has removed PD, then you have to apply for planning permission and will need to conform to whatever policy guides are in force down there

 

[^woody^]

or they will require a Conservation Area Consent.

Not required for windows

 

[centralscru]

Thanks very much indeed for your replies. Let me address your questions.

I've checked the conservation area document, and although there is an Article 4(2) Guidance relating to porches, satellite dishes and so on, the "windows and doors" guidance is in the section entitled:

"Additional design guidance (not related to the Article 4(2) Guidance)"

Does this suggest that changing windows constitutes PD?

Regarding what neighbours have done, the conservation area has only been in place for a year or two and we moved in last year. I can't find any planning applications relating to windows, although there are plenty for porches, extensions and the like. I haven't seen any windows being fitted in the short time we've been here.