Conservation area not being enforced

[echo beach]

Hi,

Just wondering if anyone has any advice/sympathy. I live in a conservation area, as does my neighbour. In November last year my neighbour replaced all their sash windows with PVC and burned the wooden originals in their yard. I notified the council about this (they don't seem very nice so I was afraid to go round and consult them, plus it was done during the day while I was out).

 

However, despite receiving an email reply from the council saying it was definitely illegal, they hadn't requested planning permission and the owner was being asked to replace them with the originals or identical replacements nothing since has happened.

 

The PVC is still there and no replacement look likely, and there has been no planning permission applied for.

 

Last sumer I spent a ridiculous amount getting our original sash windows refurbished. Did i waste my money? I'm just annoyed our neighbour is getting away with this.

 

 

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Hi OopNorth.

 

As far as I'm aware planning permission is not required when replacing windows, even in a conservation area, unless the building is specifically listed or an Article 4 Direction has been applied to the area. Joe Public, therefore, simply does what he/she wants and from my experience conservation officers rarely intervene.

 

It's extremely sad that our built heritage is treated in such a cavalier fashion, often simply for the sake of convenience, but that's the way it is.

 

I live in a conservation area and have recently replaced 40 year old timber windows, like for like, with the exception that the new ones are double glazed. Of course wood needs periodic maintenance in the form of painting/staining and folks nowadays will say that they don't have the time or money to do that: but how long will Upvc ones last in good condition?

 

Some of my neighbours have replaced wooden windows with plastic and the results quite frankly are, in my opinion, grotesque. Here most windows are Georgian style with small panes and timber glazing bars. These have been replaced by white plastic strips set inside the glass. They look nothing like the original.

 

Another relevant point is that timber is renewable whereas plastic uses the finite supply of oil. It also has better insulating properties. One day, no doubt long after I'm gone, mankind will see the error of his ways but hopefully the tide is even now slowly turning.

 

My new windows incidentally cost less than equivalent Upvc ones.

 

So, in conclusion Oop North, you have my sympathy but be heartened by the fact that people who appreciate vernacular architecture kept in as near its original state as possible will look favourably on your house when you come to sell. You will see the benefit now and feel it then.

Thankfully we are not all Philistines.

 

echo.

[OopNorth]

Hi all,

Planning permission is definitely required for our area as it's an Article 4 Direction area. It's Nether Edge if that helps.

 

I chased the enforcement officer the other day and they replied to me today saying that they're still in the process of forcing him to comply. He said he would a few months ago, but hasn't done anything yet so they're going to remind him the work is outstanding and they may consider using "more formal enforcement action" if he doesn't.

 

The owner is a landlord btw, the building is split into flats, so I don't think he'll be bothered about the resale value.

[crookesy]

Hi all . It is 100% article 4 and if the landlord hasn't applied for permission ( which would get knocked back the very same day) they WILL eventually make him replace them with new wooden windows.

I deal with the conservation and planning officers in the nether edge area more or less everyday as we are always replacing sash windows down there. Out of interest who is it you have been comunicating with ? Zoe or Ruth ?

[OopNorth]

That's great to hear. I suppose the enforcement must just take longer to process than I thought.

 

It's not Ruth or Zoe crookesy. Am communicating with someone from planning enforcement, not planning permission.

[crookesy]

If you want to pm me the address I will mention it today when I speak to one of them. They are the people who you need to get in touch with . It's there job to enforce article 4 in that area and they both seem to do it well from previous experience

[Jeffrey Shaw]

JeffREy, perhaps you might be able to comment on whether the OP might be able to get recourse from the council in their failure to carry out their statutory duty.

Perhaps- on grounds of maladministration and/or breach of statutory duty.

[montie]

Unfortunately, I don't think the timescales that you are talking about are in any way out of the ordinary.

 

Off the top of my head, I can think of an unauthorised development in a nearby authority, development carried out in 2011, enforcement notice served 2014.

 

I would suspect there's only maladministration if they fail to take enforcement action after receipt of a complaint within the period when such action can be taken (either 4 years or 10 years depending on the type of development) OR if there is significant and ongoing harm to amenity (eg unreasonable noise from an unauthorised use)

[OopNorth]

Thanks all. I'm amazed this is the standard timeline, but it's reassuring to know that it will be enforced (eventually) one day.