An 84-year-old woman was served an enforcement notice by her local council's planning department after she installed uPVC windows in her historic lodge.
The council told Lady Rona Delves Broughton to remove the windows at "Avenue Lodge" as they were not in keeping with a second 19th century lodge on her Doddington Hall estate. But rather than change them back to windows that were more sympathetic to the design of the listed building, the owner instead ripped out the second lodge's windows and switched them to plastic – so that they "matched".
The move triggered a protracted legal battle spanning five years between the council and Lady Delves Broughton.
She could now face the prospect of a criminal record as she has been charged with failing to gain listed building consent and breaching an enforcement notice for the work on the two buildings in Nantwich, Cheshire.
Installed uPVC after fire destroyed original windows
The trouble began when contractors replaced eight windows at one of the Grade II lodges on the estate, known as Avenue Lodge, in Nantwich, with double glazed uPVC frames after a fire destroyed the original timber windows in 2017.
Lady Delves Broughton was found in violation of planning regulations by using these uPVC windows, and in 2019 she was instructed to remove them from Avenue Lodge and install windows that matched the original ones at Lake Lodge, which is located on the same estate.
Instead of complying with the order, Lady Delves Broughton decided to replace seven wooden windows at Lake Lodge with uPVC frames, matching the ones at Avenue Lodge. This action was seen as a direct defiance of the planning regulations by Cheshire East Council.
Lady Broughton claimed the building was not listed
Lady Broughton defied the council's enforcement notice, claiming Avenue Lodge was not listed at the time the work was carried out.
She stated the property "was not listed with English Heritage and Cheshire Council" when the uPVC windows were installed. She added the building was "not of special architectural or historic interest" and so the changes were valid.
Avenue Lodge has since been delisted as a listed building.
She also claimed that as she was attempting to rent out the bungalow, the uPVC windows were needed to make the homes more well insulated.
However, Cheshire East Council rejected these objections stating Avenue Lodge is an "important building associated with the historical development of the wider estate" with "historic windows".
Charged with breaching listed planning enforcement
After five years of battling, Lady Delves Broughton was charged with breaching a listed building enforcement notice.
The case was brought to Cheshire Magistrates Court where Lady Broughton faced receiving a criminal record and fines if the work was not carried out to restore the wooden windows.
Lady Delves Broughton has said she "gave up fighting" and has now taken steps to install new softwood single glazed windows, as she concluded: "So after considerable expense, we will end up with two almost uninhabitable properties."
