Prior Notifications (Windows in Conservation Areas)

The Regulations

In conservation areas class 7A of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) permits the alteration or replacement of windows on principal or side elevations which front a road subject to the following prior notification process.   Guidance on some of the terms used can be found here for domestic properties and here for non-domestic properties.

Windows on rear elevations can be altered or replaced without going through this process. 

Prior notification is not required if the new or altered windows are the same or substantially the same as the existing windows.

You should seek advice from the Council to establish if prior notification is required.  Please complete a Domestic Development Enquiry form (Windows) which is available here.  There is a fee for this service and a list of fees is available here.

 Replacement windows will be considered ‘the same or substantially the same’ where they match the originals in the following respects:

- The manner in which the window is opened and closed
- The number, orientation and colour of the panes comprised in the window
- The dimensions and colour of the window frame or any astragal bars comprised in the window

The proposed window material (i.e. uPVC/timber) does not form part of the assessment for Prior Notifications and Prior Approvals for replacement windows in Conservation Areas.

Please also note that the Scottish Government has provided no definition of ‘substantially the same’ in this context and each case will be considered by the Council on its own merits.

The council has prepared a flow chart on the process for replacement windows in Conservation Areas: which can be found here.

 
The Process

Developers can submit a prior notification for determination as to whether or not prior approval is required.  The Council has 28 days to respond to prior notification and if we do not respond within that period the development can go ahead.   The Council is likely to respond in every case.  The response will either be prior approval is not required in which case development can proceed or prior approval is required in which case there is further procedure to go through.   

If prior approval is required, we will send you another simple form to complete and the decision letter will make clear if any additional information is required. Sometimes no additional information is required.  

If prior approval is required, development cannot proceed unless prior approval is granted.   You have a right of appeal to Scottish Ministers against any decision made on or condition attached to a prior approval.   You can also appeal against non-determination if the prior approval is not determined within 8 weeks. 

 Prior Notification cannot be submitted retrospectively.  If you have already started works then retrospective planning permission will be required and there is a 25% surcharge on the planning application fee for retrospective proposals.

 The need for Environmental Impact Assessment (EIA) will be considered. 

Listed Buildings

The alteration and replacement of windows within Listed Buildings will require Listed Building Consent.

uPVC will not be accepted on Listed Buildings as part of any Listed Building Consent.

The Council offers pre-application advice service, and this is strongly encouraged for Listed Buildings. A form is available here and there is also a fee for this service. 

What we consider

In considering a prior notification the Council can only consider the design and external appearance of the windows.

The proposed window material (i.e. uPVC/timber) does not form part of the assessment for Prior Notifications and Prior Approvals for replacement windows in Conservation Areas.

Please make sure that you provide sufficient information to cover those matters.

The Council has a statutory obligation to preserve or enhance the character or appearance of a conservation area.

What you need to provide

The following must accompany every application for prior notification:

• Application form;
• Fee;
• Location Plan (1:2500 or 1:5000)– this must show the building in the context of the wider area.  The application site must be outlined in red and any adjoining land in the same ownership should be outlined in blue.;);
• Site plan 1:500 or 1:200;
• Existing elevations or photographs;
• Scaled drawings of proposed elevations (1:50 or 1:100);
• details of the existing windows;
• a windows schedule;
• sections of the proposed windows (1:20).

Development permitted under this class must be carried out within 3 years with the date of determination.