Does replacement of windows constitute material change? - Public forum - Planning Advisory Service (PAS)

There is no definition of what does and does not constitute a material change in appearance - so much will depend on the circumstances of each case. I think you have previously been given the options as to how to proceed, including to do the work and see if the local planning authority deems it expedient to take action. I would offer that advice with a caution. The authority may not take action but not having planning permission may come back to haunt you when you come to dispose of the property, when you will have to declare that you did the work and did not get planning permission. The local authority letter remains on the file should a prospective purchaser or their solicitor care to look. Planning Policy Guidance Note 18 states: "The owner or occupier of the land can be told that, without a specific planning permission, he may be at a disadvantage if he subsequently wishes to dispose of his interest in the land and has no evidence of any permission having been granted for development comprisinng an important part of the valuation." (para 7) You may or not be right as to whether this is a material change in appearance or not, but will you still be smiling if you lose the sale of your property later down the line by not applying for this now. Sometimes it is quicker and cheaper to concede than to fight a point of principle, no matter how sure you are of the merits of your case.. Keith Oliver Director - Fusion tp

Keith, Many thanks for your reply. I have always been wary of proceeding without planning, for exactly the reasons you state (and because we need to have an ongoing relationship with the LPA for any future works to our buildings). I am planning to try to have a word with one of the senior officers, and if the informed / collective view is that it is a material change, then we will just have to accept that. We will then also need to assess whether we have deemed consent under the GPDO. I assume probably not as it is within the curtilage of a Listed Building, so then we will have to apply for planning permission. In the end, what matters to me is not really whether or not I have to apply for planning permission, but more that I want to be sure that the decisions the LPA is making in respect of my property are based on sound interpretations of the law.

You have the option to apply for a Certificate of Lawful Development for proposed works this includes arguing that the works do no constitute development I would reiterate do not do any work until the matter is resolved if the barn is listed unauthorised work is a criminal offence

Martin, Thank you for clarifying that the Certificate of Lawful Development does include the option of arguing that works are not development - I had been wondering about that. We do have listed building consent for the proposed works, so although I have absolutely no intention of doing any works until the planning permission issue is resolved, I believe that technically speaking we would not be committing an offence unless the LPA issues an enforcement notice or stop notice. Clearly I do not plan to put myself in such a position, but that is my understanding of the strict legal position.