Rotting windows embroil another homeowner in Planning dispute

Wednesday 05 September 2018

Another islander could be saddled with heavy fines after removing "rotting" windows from their home because of a strict policy on protecting historical buildings in the island.

St. Saviour resident Jill Bradley’s appeal regarding a refused, retrospective planning application for renovations to her house has been dismissed by the Planning Department due to the property being a Listed building.

Ms Bradley completed work on her property in St. Saviour without securing planning permission first. In April of this year, she retrospectively applied for permission to cover the works already completed, but it was refused by the Planning Department as her building was deemed 'historic'.

The retrospective planning application sought permission to remove and rebuild the conservatory, replace one window to the back of the house and the bay window at the front.

Pictured: Local homeowner, Jill Bradley, completed unapproved work on her house but is now embroiled in a dispute with the Planning Department after her retrospective planning application was refused.

Making renovations to the historic features of listed buildings without sufficient attention to replicate the original detail or appearance contravenes policies laid out in the Island Plan, and could leave her liable to a fine.

Ms Bradley’s application was refused on 19 April. She appealed this decision on the grounds that “the original windows rattled, were draughty and were completely rotten", also also arguing that the conservatory was built in 1970s, the rear window was not an original feature, and that they are therefore of no historical significance.

But Planning were not convinced. Her appeal was dismissed this week.

In a report, Independent Planning Inspector Philip Staddon said he took particular issue with the way in which the bay window had been renovated.

Pictured: Ms Bradley's property, on Dicq Road in St. Saviour, is at the heart of her dispute with the Planning Department, given its listed status. (Google Maps)

His decision read: “The need for replacement of the bay window was not evidenced and that, whilst the new windows may be similar, they do not sufficiently replicate the historic window that has been lost.” 

However, the Inspector said he declined to say what action, if any, should be taken against Ms Bradley. That, he said, was down to Planning's enforcement section.

Ms Bradley now faces being forced to remove her replacement windows and other adjustments to the property and/or could be saddled with a heavy fine for encroaching rules aimed at protecting historic buildings. However, Planning officials also have the option to take no further action and let the renovations lie. 

The news follows the case of another islander, Ivor Barette, who was fined £50,000 after he removed and replaced old windows and floorboards in his house, listed building Broughton Lodge Farm. If this case sets any precedent, Ms Bradley could potentially face a similar punishment.

Pictured: To protest his fine, Mr Barette covered his house in signs condemning the behaviour of the Planning Department and its officers after he was charged £50,000 for changes to his historic home, including replacing rotting windows.

Mr Barette, who received one of the largest Planning-related fines in the island’s history by the Royal Court, told Express that he “spent five years of hell because of the Planning Department."

He is now campaigning to get his money back and hopes to meet with the Environment and Planning Minister, Deputy John Young, to discuss the issue.