No. 1 The Square up for sale before its windows were replaced with UPVC ones!

A letter is in from the Council’s Planning Enforcement Officer regarding the recent unauthorised replacement of original painted timber windows at No. 1 The Square right at the junction with the High Street, Carshalton. The old  style traditional looking windows were suddenly changed (on the front elevation which is very visible to the main road) with UPVC windows. The property is an older style house (probably Edwardian?) at a very prominent location within the long-established Carshalton Conservation Area.  A number of concerned residents have raised this matter with Jill, Alan and Hamish in recent weeks.

Dear Councillor

I have been asked to respond to your query of 18 February 2014 regarding the new windows in the front elevation of 1 The Square.  I have been in contact with the property developers and made them aware that I consider the new windows need planning permission because the materials are not of similar appearance to the windows they replaced. The breach of control is also registered against the planning history of the property, which means it would be revealed on any land search requested from the Council by prospective purchasers.

The planning legislation allows a house owner to change windows, as long as the materials used are of similar appearance to those they replaced, as permitted development (i.e. they do not require planning permission from the Council). This right is not restricted in Conservation Areas. Unfortunately, control over the type of opening is not given to Councils by the planning legislation and so it is possible to change from a side hung sliding sash window to one that opens outwards. This can have a significant impact on the character of the building and amenity of the area and makes any potential planning enforcement action significantly more complicated. The Council would have to demonstrate the change in materials from timber to UPVC is harmful, given the other changes that can take place without planning permission from the Council.

I understand the property is currently for sale and I am watching the progress on this. Given the complexities of this particular case I am unable to give a time period for resolution at this time.

Yours sincerely

Fiona Lander, Principal Enforcement Officer (Development Services), London Borough of Sutton