Conservation Areas

Windows in Conservation Areas

Effective from 24 May 2024 Permitted Development Rights for altering or replacing windows in a Conservation Area will change.

For the legislation read Class 7A of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024.

There are some exceptions:

• class 7A does not apply within a World Heritage Site
• outwith Listed Buildings and Conservation Areas, Prior Notification is not required for altering or replacing windows
• the replacement of doors is not included in this Amendment and therefore Planning Permission is still required for alterations to or replacement of doors in Listed Buildings and (unless an exact like-for-like replacement) in Conservation Areas

Listed Buildings

Listed Building Consent (LBC) is still required for alterations to or replacement of windows in a Listed Building, or a curtilage-Listed Building.

Prior Notification will only be required with LBC, if the window is on the principal elevation or a side elevation where that elevation fronts a road, and the design is changing.

It remains the case that LBC will only be granted where altering or replacing windows can be justified and where all proposed windows will be of an appropriate design, opening method, colour, and material.

Conservation Areas

You must apply for a determination as to whether the Prior Approval will be required, if the window is on the principal elevation or a side facing a road, and would not be the same, or substantially the same, as the window to be altered or replaced 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 frame of the window or any astragal bars comprised in the window

The design of the proposed windows must be appropriate to the age and style of the building. Inappropriately designed windows that do not preserve or enhance the character and appearance of the conservation area will not be granted Prior Approval. For example, on a traditional building with sash and case windows on the frontage or side, we’d expect this style of window to be retained in the replacement.

Windows which are not on the principal elevation, or a side elevation where that elevation fronts a road, do not need Prior Notification for altering or replacement (unless an Article 4 Direction has expressly removed permitted development rights from this Class of development, in that specific conservation area). Read our Article 4 Directions page to see what is in place for your area.

For definitions on principal elevation and fronts refer to guidance on Householder Permitted Development Rights, pages 8 to 13.

The Scottish Government have given no definition of ‘substantially the same’ in this context and each case will be considered on its merits. It is strongly advised that, if you are in any doubt as to whether the replacement or altered windows are ‘substantially the same’, please check with us as to whether Prior Notification will be required.

Applying for Prior Approval

To determine if you need prior approval, please complete the Prior Approval application form on the ePlanning.scot portal.

Once completed, send the form via email to eplanning@highland.gov.uk or post it to:

eProcessing Team
Highland Council Headquarters
Glenurquhart Road
Inverness
IV3 5NX

Your application should include the following:

• a written description of the proposed development
• the materials to be used
• a plan indicating the site
• the relevant fee to be paid (£100)

It will help your application if you can also include photographs and drawings of both the existing and proposed windows.

The development shall not commence until one of following events occurs:

• the receipt from the planning authority of a written notice of their determination that such prior approval is not required
• where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval
• the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination