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Old 28 September 2010, 03:52 PM
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chrisdicko
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Default Planning Permission for new Windows?

I live in a large converted house, which is made up in to apartments, and every 7 years to keep the building looking pretty etc we have to paint all the windows and doors.....

Anyway, my windows are pretty knackered so I would like double glazed uPVC. The building isn't a listed building or anything, and I live in the top apartment and have dormer windows.

Can I just fit the windows without consent, or do I have to ask the council??

Just I phone my local council to check, and the woman said she couldn't help at all, and I had to either email or get a form and fill it it. So about 3 months ago I emailed them, but haven't had a reply.........but want to go ahead and get the windows done ASAP.
Old 28 September 2010, 03:59 PM
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Geezer
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I would be very surprised if you needed planning permission for this.

It's not listed, so where's the need? People change from wooden to uPVC all the time without planning permission
Old 28 September 2010, 04:02 PM
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chrisdicko
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As it wouldn't be the whole building, just mine at the top.

Once of the guys who came to quote recommended that I asked the council before I do it.......although the council is useless......But, it definitely isn't a listed building, so should I be ok?
Old 28 September 2010, 04:11 PM
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njkmrs
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I think you would need a Fensa certificate to show the windows you put in are up to the required standard .£75 ish I think ,which should be supplied by the fitter on completion .
Old 29 September 2010, 10:00 AM
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You shouldn't need planning permission but I would defently go down to the planning officer face to face and confirm it and get him to sign a form to say it's not reqd in case some other flat owners complain
Councils are known to react to complains
Old 29 September 2010, 10:28 AM
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jasey
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http://www.planningportal.gov.uk/eng...rkflatswindows

I'd be double checking if I were you !
Old 29 September 2010, 10:33 AM
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LG John
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I am an ex-planning officer. You may need planning permission to replace your windows so phone the planning department at the local council and ask to speak to the duty planning officer. You probably won't need permission, but it is worth checking.

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Old 29 September 2010, 12:51 PM
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Worth checking to see if you are in a presevation area
Old 29 September 2010, 01:05 PM
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Apart from Planning Permission there may be a covenant in your deeds stipulating that you need the freeholders permission to replace windows.

Chop
Old 29 September 2010, 03:21 PM
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Thanks a lot for the response guys

Just looking at the planningportal website, and see there is an easy(ish) form to fill in....except they want £150 fee. Is that normal??
Old 29 September 2010, 03:21 PM
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Leslie
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If the building is unlisted I can't see why you can't fit them. My friend had an old house which was listed and he was told he could fit new windows as long as they were in the same basic style as the originals.

That attitude could vary between councils however and I would get agreement in writing before you do it.

Les
Old 29 September 2010, 03:51 PM
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LG John
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Things may have changed in the last 3 years, but 'technically' speaking permitted development rights did not apply to flats and, as window replacement contituted development and in most case would materially alter the appearace of the building, it was necessary to apply for planning permission.

However, things may have changed in the last 3 years and, more relevant, many councils choose to 'ignore' the requirement to take applications for replacement windows in flats (too much work, etc). As always, it is easier and best to just check with them.
Old 29 September 2010, 05:36 PM
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Guess I will have to try to get some planning permission. Although the councils website seems pretty poor (unless I'm being thick), and that planning portal website says there is a £150 charge

How would the council acutally make you remove the windows? If I had upvc fitted, and then the council some how found out and told me to remove them, how to the physically enforce the removal?
Old 29 September 2010, 05:43 PM
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Are you freehold or leasehold?

Unless you're listed you won't need planning pemission to fit new windows. However, what you may need is building regs approval, varies from council to council. Pretty sure though as long as you get your fensa cert you'll be ok without. The planning dept should be able to inform you over the phone so try ringing again.

Off topic, did you know you need building regs approval for flaggin or putting decking down............
Old 29 September 2010, 05:49 PM
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chrisdicko
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I've got a Mortgage and we are all Leasehold.

When I phone the council (I live in Whitby, but we have to phone Scarborough Borough Council), the woman I spoke to said I could only email or fill in a form and post it.......I even lie and said my windows had fallen out, so needed them replacing ASAP, and she just said the same......and also said the applications take up to 3 weeks!

I will try phoning again though!
Old 29 September 2010, 07:16 PM
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LG John
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Phone and demand to speak to the duty planning officer. He/She should be able to tell you if you need to submit a planning application over the phone (replacement windows is as simple as it gets). I expect that you won't need planning permission and that the duty officer will confirm that. If you do need planning permission there is a fee and time implication.
Old 29 September 2010, 07:27 PM
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if you are in a conservation area you will need planning even if not listed - I do in my place.

If you're not, ferk em
Old 29 September 2010, 07:59 PM
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Unless listed or conservation area, it is unlikely you will need planning permission.
If you fit them yourself you will need building regulation approval, only £117.50. or if fitted by a company they should be Fensa approved and therefore can certificate them.

They will need to be certificated, especially as and when you sell the property.
Old 29 September 2010, 08:23 PM
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Originally Posted by chrisdicko
I've got a Mortgage and we are all Leasehold.

When I phone the council (I live in Whitby, but we have to phone Scarborough Borough Council), the woman I spoke to said I could only email or fill in a form and post it.......I even lie and said my windows had fallen out, so needed them replacing ASAP, and she just said the same......and also said the applications take up to 3 weeks!

I will try phoning again though!
I have said before but will again.

If you are leasehold you HAVE to speak to the freeholder. They will have the power to make you remove if they objected. If you dot ask you are more likely to upset them.

Think, if you change the appearance of a building and you owned it, would you be happy? 4 flats with wooden windows and 1 with uPVC will look odd. You would be better off getting the other residents to agree to change windows to save the cost of ongoing maintenance.

Chop
Old 30 September 2010, 12:03 AM
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Cheers guys, will phone up and try to get more info!

Chopper, I don't quite get what you mean? Who is the freeholder? When I bought my flat, I understood it was a leasehold, and by buying the flat I bought in to a 6th of the 'company' (our building). There is no-one to ask other than the other residence, and the other 5 don't mind.
I agree though they all should be changed, but they are too tight.
Old 30 September 2010, 08:52 AM
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Have a read of this.

http://www.home.co.uk/guides/buying/...d_freehold.htm

In a nutshell you don't "own" the building - you have the right to live in it for the term of the lease.

Therefore if you decide to materially change the building - you should seek the freeholders permission.

You Solicitor should be able to confirm who the freeholder actually is.
Old 30 September 2010, 06:32 PM
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chrisdicko
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Cheers, I will have a read of that

I might be totally wrong saying this (I will have to check my paperwork), but I think the Freeholder is a company called "Hillside Apartments Ltd", in which when I bought my flat I bought a 6th of the company (as there are 6 flats). Could that be correct?
Old 30 September 2010, 07:07 PM
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As long as the appearance of the new windows match the ones replaced (and I assume all the others in the block) then you'll be fine. As said above, make sure whoever fits them is Fensa approved and provides you with a certificate.

If its a listed building or in a conservation area then thats a different matter, your solicitor would have mentioned this when you purchased the property - a call to the council will confirm, you don't need to pay anything unless you have to submit plans
Old 01 October 2010, 03:35 PM
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Originally Posted by chrisdicko
Guess I will have to try to get some planning permission. Although the councils website seems pretty poor (unless I'm being thick), and that planning portal website says there is a £150 charge

How would the council acutally make you remove the windows? If I had upvc fitted, and then the council some how found out and told me to remove them, how to the physically enforce the removal?
If you refused to remove them they would turn up with their own workforce and remove the windows. After that they would charge you for the work involved!

Not worth trying it on!

Les
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