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Permitted Development Rights for Replacement Windows and Doors.

This paper is intended to provide general background information to help determine whether planning permission is required for replacement windows and doors. It is only advice and the situation in each case will need to be analysed. The advice applies only to single dwelling houses and not to flats, guest houses or hotels.

By way of background, planning permission is required for works of “development”. Development can be relatively small matters such as laying a patio, painting a house and changing the windows in a property. So that all these works do not need a specific planning application in each case the Government have enacted legislation that grants a general planning permission for these works, subject to meeting certain criteria. These are known as “permitted development rights”.

The permitted development rights cover many different categories and types of site and organisation. The full document is called The Town and Country Planning (General Permitted Development) Order 1995 (as amended). The amended section from 1 October 2008 can be viewed at http://www.opsi.gov.uk/si/si2008/pdf/uksi_20082362_en.pdf

There is a section on works that can take place to dwellings. This section was amended on 1 October 2008 and changes the situation with regard to how replacement windows and doors are considered. Prior to October 2008 the permitted development rights allowed replacement windows and doors to a dwelling without any qualification as to the types of materials that could be used. Since 1 October 2008, for replacement doors and windows to be permitted development, and therefore not require planning permission, it is necessary to comply with the following requirement in the Government legislation, that;  

“the materials used in any exterior work (other than the materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”.

The Authority has sought clarification on this issue from the Department of Communities and Local Government who have drafted the legislation. They have responded in September 2009 to say that;

“The condition (requiring materials of a similar appearance) seeks to ensure that development is sympathetic in appearance to what is already existing, and the visual impact of a development is minimised.

The Government’s original proposal in this regard suggested that the condition should require that materials match the existing dwellinghouse. Following public consultation, it was decided that this could be unnecessarily onerous. We therefore changed the proposal to provide more flexibility through a condition that required the appearance to be similar. As a result, our view is that this means that the type of materials used does not necessarily need to be either the same or similar to those used in the construction of the exterior of the existing dwellinghouse, but that their appearance needs to be similar. We consider that even where a different material is used it is possible that the condition would be met if, for example, a similar colour were used. While this might not always be acceptable, whether something was similar in appearance would, in our view depend on a number of factors and would need to be determined on a case by case basis.

I must stress that the view provided above is informal and intended as guidance only. It remains for local planning authorities to determine whether a proposal meets the requirements to benefit from permitted development rights. The Department cannot provide a definitive interpretation of the law, as that is ultimately a matter for the Courts.”

IMPLICATIONS OF THE ADVICE

The advice is that these matters need to be looked at a case by case basis. However, there are a number of situations which are clearer. If the proposal is to replace doors and windows with the same material then this will be permitted development.

If a dwelling has a mix of external materials, such as timber and uPVC framed windows and doors, then replacement windows and doors can match any of the existing and those works will be permitted development. No planning application will be required.

The more difficult issue of judgement comes when, for instance, all the exterior windows and doors of the dwelling are timber framed and replacement uPVC windows and doors are proposed. If the condition is to be met it is necessary to demonstrate that the new materials have a similar appearance to the existing used in the construction of the exterior of the house. Often a wooden material has a materially different appearance from an uPVC material though technology is improving and the match is becoming closer.  However, it may be that in other cases with the same colour and an appropriate finish an uPVC material for the windows frames is sufficiently similar in appearance to an existing timber frame, or other parts of the dwelling, that the condition will be met and the replacement frames will be permitted development. This is clearly a matter of judgement that needs to be assessed in each case.

DECIDING WHETHER THE REPLACEMENT DOORS AND WINDOWS ARE PERMITTED DEVELOPMENT.

The Planning Section are happy to look at the information you provide to check whether it is considered replacement timber windows and doors are permitted development. If you set out the information very clearly this will assist with the analysis. Officers are happy to look at the details and give advice free of charge. However, this can only be an officer view and does not bind the Authority as a whole. This is because there is a formal mechanism whereby an official decision can be reached to determine whether works are permitted development.

It is open for applicants to submit a Certificate of Proposed Lawful Use and Development Application. A standard form is completed and information is set out to justify why in the applicant’s view the works are permitted development. A fee of £75 is payable and the Authority takes a legal view on whether the works are permitted development. If the Certificate is granted the works are lawful to go ahead and if there is a refusal then either a planning application can be submitted and/or there is a right of appeal on the legal aspects of the Certificate refusal. This process provides certainty for applicants however, there is a cost and time implication.

On occasions when the considerations are not straightforward to determine you may be asked to submit a Certificate application so that the legal issues can be examined in greater detail.

OTHER CONSENTS

Each property will have its own planning history. There may be conditions attached to previous planning permissions that require the retention of timber framed windows and doors. In these circumstances this will override any permitted development rights and a planning application would be required if uPVC windows were proposed. We are happy to check at no charge whether permitted development rights have been removed by a condition on a previous planning permission.

If your house is a Listed Building, then Listed Building Consent will be required for replacement doors and windows regardless of the planning situation. The Historic Buildings Officer is happy to provide free advice on such matters.

There may also be a requirement for approval under the Buildings Regulations for replacement windows and doors. The two District Councils can assist on such matters however, with an approved contractor the Building Regulation issues are usually covered by the installer.

CONCLUSION

The Planning Section will do their very best to help applicants through the process however, with the introduction of a condition which requires materials of a similar appearance there is now a more subjective judgment to be made in each case. If applicants send in details of what is proposed and set out the existing external materials of the dwelling then we will advise on whether it is considered planning permission is required for the proposed changes.

David Wyborn

Head of Planning & Community

September 2009