A recent ruling by a Scottish Government inspector has plunged a Dunkeld couple into a challenging situation, ordering the removal of their recently installed windows from their home in Birnam. The decision stems from concerns that the replacement windows are causing “injury” to the character and appearance of the designated conservation area, a ruling that underscores the strict preservation standards in place across many of Perth and Kinross’s historic locales.
Alan and Loraine Thomson, who have owned their property on Perth Road in Birnam for 27 years, decided in October 2023 to replace their aging timber windows, which they described as being in a state of disrepair. Seeking modern efficiency and comfort, they opted for double-glazed UPVC alternatives. However, these new installations deviated from the original design by omitting traditional sash horns and featuring a tilt-and-turn opening mechanism, rather than the sliding action characteristic of traditional sash windows. Council’s Initial Concerns Echoed by Inspector
The issue first arose when Perth and Kinross Council initiated enforcement action against the Thomsons, citing that the couple had not sought the necessary planning permission for the alterations. Unaware of the property’s location within a conservation area, the homeowners subsequently lodged a retrospective planning application in April 2024. However, this application was met with refusal by council officers, who deemed the new windows “too thick” and the modern opening mechanism “inappropriate” for the historic setting.
This initial decision was further reinforced in January by the Perth and Kinross Local Review Body (PKLRB), consisting of local councillors, who upheld the refusal, reiterating concerns over the new windows’ thickness, profile, and opening mechanism. The Thomsons expressed feeling “singled out” during this process, highlighting the perceived lack of awareness regarding the stringent regulations in such areas. The Inspector’s Definitive Ruling
The case escalated to a Scottish Government appeal, with inspector Keith Bray tasked with making a final determination. In his detailed assessment, Mr. Bray concurred with the previous rulings, emphasizing the visual impact of the new windows on the Birnam conservation area. He meticulously noted, “While the new casement proportions have attempted to mirror the original windows, the characteristics of timber sash windows have been lost.”
He further elaborated on the disparity, stating, “Due to the nature and width of the new frames, together with the opening arrangements, the visual appearance of traditional sash and case windows has not been achieved.” To illustrate his point, the inspector specifically referenced the adjacent bungalow on Perth Road, which retains its original wooden sash and case windows, starkly contrasting with the Thomsons’ property. “I therefore do not consider that the lesser step of leaving the new windows in situ is an option in relation to addressing the injury caused to the amenity of the conservation area,” Mr. Bray concluded, solidifying the mandate for removal. Implications for Conservation in Perth and Kinross
Despite upholding the requirement for the windows’ removal, Mr. Bray did offer a nuanced concession in his order. He varied the terms of the notice to allow for the possibility of replacing the unauthorized windows with “UPVC windows of sash and case design which replicate the precise proportions, glazing pattern and frame thickness of the original wooden windows (pre-October 2023).” This modification, while still demanding significant change, provides a specific pathway for the Thomsons to comply without necessarily reverting to timber, provided they can achieve an exact replica in UPVC.
This case serves as a poignant reminder for property owners in historic towns and villages throughout Perth and Kinross, including picturesque locales like Dunkeld, Birnam, and parts of Perth city centre, of the importance of adhering to conservation area guidelines. The integrity of these areas, cherished for their unique architectural heritage and aesthetic charm, is protected by strict planning controls. Homeowners contemplating external alterations, especially those affecting windows, doors, or facades, are strongly advised to consult with Perth and Kinross Council’s planning department well in advance. This proactive approach can prevent costly disputes and ensure that modern upgrades do not inadvertently detract from the historical essence of these invaluable community assets, preserving the visual harmony that draws both residents and visitors alike to the region’s beautiful landscape and built environment.
Alan and Loraine Thomson, who have owned their property on Perth Road in Birnam for 27 years, decided in October 2023 to replace their aging timber windows, which they described as being in a state of disrepair. Seeking modern efficiency and comfort, they opted for double-glazed UPVC alternatives. However, these new installations deviated from the original design by omitting traditional sash horns and featuring a tilt-and-turn opening mechanism, rather than the sliding action characteristic of traditional sash windows. Council’s Initial Concerns Echoed by Inspector
The issue first arose when Perth and Kinross Council initiated enforcement action against the Thomsons, citing that the couple had not sought the necessary planning permission for the alterations. Unaware of the property’s location within a conservation area, the homeowners subsequently lodged a retrospective planning application in April 2024. However, this application was met with refusal by council officers, who deemed the new windows “too thick” and the modern opening mechanism “inappropriate” for the historic setting.
This initial decision was further reinforced in January by the Perth and Kinross Local Review Body (PKLRB), consisting of local councillors, who upheld the refusal, reiterating concerns over the new windows’ thickness, profile, and opening mechanism. The Thomsons expressed feeling “singled out” during this process, highlighting the perceived lack of awareness regarding the stringent regulations in such areas. The Inspector’s Definitive Ruling
The case escalated to a Scottish Government appeal, with inspector Keith Bray tasked with making a final determination. In his detailed assessment, Mr. Bray concurred with the previous rulings, emphasizing the visual impact of the new windows on the Birnam conservation area. He meticulously noted, “While the new casement proportions have attempted to mirror the original windows, the characteristics of timber sash windows have been lost.”
He further elaborated on the disparity, stating, “Due to the nature and width of the new frames, together with the opening arrangements, the visual appearance of traditional sash and case windows has not been achieved.” To illustrate his point, the inspector specifically referenced the adjacent bungalow on Perth Road, which retains its original wooden sash and case windows, starkly contrasting with the Thomsons’ property. “I therefore do not consider that the lesser step of leaving the new windows in situ is an option in relation to addressing the injury caused to the amenity of the conservation area,” Mr. Bray concluded, solidifying the mandate for removal. Implications for Conservation in Perth and Kinross
Despite upholding the requirement for the windows’ removal, Mr. Bray did offer a nuanced concession in his order. He varied the terms of the notice to allow for the possibility of replacing the unauthorized windows with “UPVC windows of sash and case design which replicate the precise proportions, glazing pattern and frame thickness of the original wooden windows (pre-October 2023).” This modification, while still demanding significant change, provides a specific pathway for the Thomsons to comply without necessarily reverting to timber, provided they can achieve an exact replica in UPVC.
This case serves as a poignant reminder for property owners in historic towns and villages throughout Perth and Kinross, including picturesque locales like Dunkeld, Birnam, and parts of Perth city centre, of the importance of adhering to conservation area guidelines. The integrity of these areas, cherished for their unique architectural heritage and aesthetic charm, is protected by strict planning controls. Homeowners contemplating external alterations, especially those affecting windows, doors, or facades, are strongly advised to consult with Perth and Kinross Council’s planning department well in advance. This proactive approach can prevent costly disputes and ensure that modern upgrades do not inadvertently detract from the historical essence of these invaluable community assets, preserving the visual harmony that draws both residents and visitors alike to the region’s beautiful landscape and built environment.