Conservation Areas and Planning Applications
Handcrafted in Britain since 2012
Conservation Areas & Planning
There is a lot of information available online about planning permission, but often this is specifically relating to extensions, loft conversions or other similar large projects. Information available specifically relating to windows and doors can be sporadic and, at times, contradictory. We have submitted more than 500 planning applications to London councils in the past 5 years, and whilst hard and fast rules don’t exist, we can give you advice and guidance based on our experience.
When is planning permission required?
To understand when planning permission is required, it is helpful to first understand when it isn’t. In most properties in the UK, you can perform certain types of work to your property without needing to apply for permission, because you have permitted development rights. These permitted development rights come from a general planning permission that is granted by the Government. These can be changed over time, for example in 2019 a permanent rule was brought in to increase the size of an extension that can be built under permitted development rights, and this was done to help boost the building industry.
In some areas and in some properties, permitted development rights are restricted. The most common forms of restrictions are conservation areas, listed buildings, national parks or areas of outstanding natural beauty. In these areas, there are specific limitations on what your permitted development rights are, for example you may not be able to build an extension of any size without permission.
In addition to these areas, local authorities can designate an area under an Article 4 Direction. These means that within those areas, permitted development rights are withdrawn and there are further restrictions on what you can do without permission. Most conservation areas in London also have an Article 4 Direction in place.
This means that, as a rule of thumb, if you are in a conservation area then you will need planning permission to replace your windows and doors.
If you are a leaseholder, or if you do not own all of the land on which your property sits, you will also need planning permission. This is because flats do not have permitted development rights, whether they be purpose built flats or where larger properties have been divided into flats in the past. Flats do not have permitted development rights because any change you make to your flat could have an impact on the structural integrity or architectural symmetry of the building, or it could impact shared amenities, so the local authority needs to approve any changes you wish to make, and your neighbours need to be given the opportunity to comment on your proposals.
Can I get advice from the local authority on whether I need to submit an application?
In our experience, local authorities are not particularly helpful in giving advice. We regularly are told by our clients that when they contact their council to ask if an application is needed, they don’t get any meaningful advice or recommendations. Local authorities are stretched financially, and they do not have the resources to have an experienced planning officer taking calls. What this means is that the only “advice” that is usually given when asked whether a planning application is necessary, is yes. It is easier for the local authority to tell you to submit (and pay for) an application than it is for them to have a knowledgeable member of staff answering the phone and giving you accurate, specific advice.
What type of planning application do I need to submit?
There are lots of different types of planning applications, but for windows and doors you will only need one of two:
- Householder planning consent – If you own all of the land on which your property sits and there are no leaseholders then you can apply for householder planning consent.
- Full planning consent – If you do not own all of the land on which your property sits or if there are leaseholders, then you need to apply for the more extensive full planning application.
What if I replace like-for-like?
This is a difficult question to answer because the term “like-for-like” can be interpreted in different ways. For example, one person may say “like-for-like” when they mean that the window will look the same, but the new version will be double glazed. Someone else may think that “like-for-like” means that the same type of glass (single glazing) will be used in both. Generally speaking, replacing “like-for-like” does not mean that you do not need to apply for permission.
At WSW, we don’t use the term “like-for-like” when describing works as this is ambiguous and can cause confusion.
What might happen if I don’t apply for planning permission?
The main risk with not applying for planning permission comes when you sell your property. The buyer’s solicitors may note that works have been carried out and check whether permission was granted for this. If permission is not in place, it can dramatically delay the sale process, or it could even fall through.
How can WSW help with planning requirements?
At WSW, we have submitted more than 500 planning applications across all London boroughs. We have a dedicated team working on planning applications, preparing and submitting them, and liaising with local authorities to get a decision.
For more information on how we can help you specifically, please contact us.
What is the planning application process, and what can I expect?
There are a few steps to the planning application process:
- Form filling and preparing documentation – The first step is to complete all of the relevant forms on the Planning Portal and to prepare and upload the required documentation. Documents such as Design & Access Statements, Heritage Statements and CIL form need to be completed, and drawings such as horizontal section drawings through the existing and proposed windows, and elevation drawings of the property need to be prepared and uploaded.
- Submission through the Planning Portal – Once the application is ready, it is sent via the Planning Portal to the local authority.
- Review prior to validation – The local authority will review the application to check if all of the information they require had been provided. The amount of time it takes for this review to take place can vary dramatically, from a few days to three weeks or more. If the local authority requires additional information, they will request this by sending an “Invalid Notice”. Once they confirm that all the information has been submitted, the application will be validated and from this point, the statutory 8 week deadline for decision will start.
- Review by planning officer – The planning officer assigned to the application will review it and issue a decision. Due to backlogs in most local authorities, the best case scenario is that the planning officer will only review the application a few days before the statutory deadline, and in some circumstances will actually not review it until after the deadline. If they require additional information, they will request this and ask for an extension of time to the deadline. We are currently finding that only around 40-50% of planning application decisions are given within the statutory deadline.
- Decision – The planning application decision is provided and uploaded to the council’s website.
What is the advice for Listed Buildings?
At Wandsworth Sash Windows, we don’t carry out works in Listed Buildings so we cannot give advice on applications for these.
It should be noted that different councils have different guidance on what needs an application and what does not and what is acceptable in a conservation area, councils regularly consult with residents on changes to planning policy, both in their entire area and in specific conservation areas. The information on this page is a general guide given from our experience in dealing with local authorities in London, but it may not be specifically applicable to all cases. If you would like to discuss your specific circumstances, please contact us and we will be happy to advise you.