Couple in planning row with council caught out by property's name change 35 years ago
Gina Ward and her husband replaced their draughty, ageing timber windows with new A-rated energy efficient double-glazing at their flat in Holt in a bid to cut bills and keep them warm.
But unfortunately for the couple, they were completely unaware their home at the Beeches - a group of retirement flats within a large Georgian house - was a listed building with strict rules on what can be changed.
The Beeches at Holt where the second storey flat windows have been replaced with modern double-glazed plastic windows. (Image: Denise Bradley)
The name of the property had been changed 35 years ago from the Shrublands and Historic England had not updated its list of listed buildings to reflect its new title, meaning the couple - who were previously in the property and construction business - had not realised it had the conservation status.
They only discovered the issue after North Norfolk District Council's enforcement officers complained they had broken the rules by replacing the traditional timber frames with modern plastic windows.
The Beeches at Holt where the second storey flat windows have been replaced with modern double-glazed plastic windows. (Image: Denise Bradley)
Mrs Ward said neither her conveyancing solicitor nor the estate agent had any knowledge it was a Grade II listed building, either.
The couple have now been told by councillors the windows are not permitted to stay, meaning they may be forced to remove them.
Holt town sign. (Image: Denise Bradley)
But the decision may have wider implications for the other residents at the Beeches, who have also changed windows in their flats.
Officials warned the decision would "open up a can of worms" in the town and district by setting a precedent.
The Beeches at Holt where the second storey flat windows have been replaced with modern A-rated energy efficient windows. (Image: Denise Bradley)
The large property in Station Road is characteristic of the grand Georgian homes that are common in Holt.
It has been listed for decades but the property was originally known as the Shrublands.
At a recent development committee meeting, a representative from Holt Town Council, Maggie Prior, urged North Norfolk District Council to be sympathetic toward the Wards' plight.
The Lawns Rooms guest house at Holt where the second and third storey windows are plastic. (Image: Denise Bradley)
She said: "The intention here was never to cause harm, only to resolve a serious comfort and safety issue.
"The Beeches is already surrounded by a significant number of modern replacement windows installed over many years across several flats.
"It seems disproportionate to us to single out this one resident for enforcement when the visual impact of their windows is very little and in some cases less noticeable than others already in place."
Mrs Ward said her solicitors have admitted liability for failing to identify the fact the Beeches is a listed building and said they replaced the windows as they had become "completely rotten".
One of the buildings at Holt with plastic windows upstairs. (Image: Denise Bradley)
She provided 45 photographs to the council of other buildings in the conservation area of Holt town centre, some of which are listed, that also had modern windows installed.
Mrs Ward added: "I really feel I am being used as a test case because Pandora's box has had the lid ripped off."
Having been the director of a company managing a listed building near Norwich, St Andrews Park, she added: "I am well aware of listed buildings and conservation"
Holt town centre. (Image: Denise Bradley)
Her husband was unable to attend the meeting after recently suffering a stroke, which Mrs Ward believes was brought on in part due to the stress of the planning row.
As the meeting continued, a planning officer said he had brought the application to the committee because "it is such a can of worms in terms of the implications of this decision for whatever action we take, not only in Holt but in the whole of the district".
He added: "If we were to allow this, then people in other listed buildings may also put plastic windows in and apply for permission afterwards.
Holt town centre. (Image: Denise Bradley)
"We've got more than 2,000 listed buildings and we need to make sure we're not sort of setting ourselves on a course that creates similar again."
When it came to the vote, councillors acknowledged they were "between a rock and a hard place".
In fact, the predicament proved too much for the majority of councillors, with five out of the 11 members choosing to abstain and not vote either way.
One councillor voted against.
Holt town centre. (Image: Denise Bradley)
It meant that ultimately, the application was rejected despite less than half of the councillors voting to do so.
Ms Ward has signalled the couple will review their next steps, following further conversations with enforcement officers.
