Council planning enforcement notice challenged

A homeowner alleging that a council was ‘excessive’ in ordering him to replace uPVC windows with wooden ones will have his case decided by a planning inspector.

The property at New Road in Ironbridge is under strict planning controls relating to the area’s conservation status, which denies homeowners permitted development rights.

Mr Shiv Sharma, of Perton in South Staffordshire, has had his case against a Telford & Wrekin Council enforcement notice granted an inspector’s time.

Mr Sharma and his agent Mr Richard Taylor, of ACP Architects in Wolverhampton, said the enforcement action against four white uPVC windows at the front, one on the east, and a conservatory, is excessive and “lesser steps would overcome the objections”.

Telford & Wrekin Council slapped an enforcement notice on the property after receiving a complaint on February 13 this year. It is in the Severn Gorge Conservation area, close to a number of listed buildings.

Planners alleged that “it appears to them” that there has been a breach of planning control “within the last four years” at the property.

The house’s owner has been told to replace all the windows with “white painted timber” ones of the same “design, profiling, and appearance” as the previous windows.

Planners said that the uPVC windows currently in place are considered to “adversely affect the Outstanding Universal Value of the Ironbridge Gorge World Heritage Site”.

Planners added that they did not consider that planning permission would be given because “planning conditions could not overcome the problems”.

The Planning Inspectorate has told both sides that it will reach a decision after September 8 this year.