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Council accuses Perth man of ‘criminal offence’ for changing windows in his home

They were installed without planning permission.

The property on James Street
The property on James Street. Image: Kieran Webster/DC Thomson

The council has accused a Perth man of “committing a criminal offence” for changing the windows in his home.

Malcolm Black applied for retrospective permission for the new windows, which were fitted after the old ones fell into a “state of disrepair” at his home on James Street, in the city centre.

A statement issued to the council on his behalf said a specialist had recommended removal of the old windows.

It added that their replacements, which were double-glazed and draught-proof, were designed to make the house more suitable for 21st-century living.

Council: ‘Unauthorised works constitute a criminal offence’

The work additionally involved fitting French-style patio doors at the back of the property and a gas meter.

The owner also wanted to add two en-suite bathrooms to the upper floor of the property and said care was being taken to keep the house “sympathetic” to the conservation area.

But Perth and Kinross Council refused the application, saying works carried out were not suitable for the C-listed building.

James Street in Perth
The house is on James Street in Perth city centre. Image: Kieran Webster/DC Thomson

Its decision notice claimed all but one of the original windows had been removed without consent, and the new ones were different from those stated in the plans.

Its report said: “The unauthorised works to the category C-listed building constitute a criminal offence.”

The council has not yet reported Mr Black to the authorities.

Why Perth and Kinross Council so strict on changing windows?

A Perth and Kinross Council planning and placemaking guide states: “Windows are a vital part of a building’s character.

“By replacing them using a different style or material, it can have a negative effect on the appearance of the building.”

A sign on James Street.
A sign for James Street. Image: Kieran Webster/DC Thomson

The property is also situated within Perth’s conservation area, where regulations – including the replacement of doors and windows – can be stricter.

A spokesperson for Perth and Kinross Council said: “We can confirm that under national legislation it is a criminal offence to undertake unauthorised works to demolish, significantly alter, or extend a listed building.

“Further legislation allows a three-month period where the applicant can appeal or seek a review of our decision to refuse the (in part retrospective) planning application and a recently refused application for listed building consent.

“Should no appeal or request for a review be sought in that time, we will consider what appropriate action may be taken in line with the council’s planning enforcement charter.”

Mr Black – who has the option of appealing the decision – declined to comment.

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