Strensall woman ordered to dismantle her conservatory after planning consent mix-up (From York Press)

Strensall woman ordered to dismantle her conservatory after planning consent mix-up

10:39am Saturday 9th December 2006 in

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A ROW has broken out about a conservatory which has left a fed-up York homeowner £6,000 out of pocket.

Eileen Smith had to get friends and family to help pull the construction down - after an argument over planning permission left her with no other choice.

Mrs Smith blamed Glasgow-based builders Crystal Canopies for not telling her she needed permission from City of York Council to build a conservatory on to her Strensall home.

Mrs Smith said: "I asked about planning permission and the salesman assured me that they would look after that.

"I also rang them during the waiting period to remind them that they were doing the planning application, but they now deny this.

"The conservatory was duly erected, but shortly afterwards I was visited by the planning enforcement officer. The structure had been put up contrary to planning and building regulations.

"I have had to take down the structure and dispose of it - £6,000 down the drain!"

Douglas Martyn, managing director of Crystal Canopies, said he could understand Mrs Smith's frustration, but the company had acted in good faith.

He said: "The first we heard about a problem was some time after the conservatory had gone up, but by then there was nothing we could do. I put her in touch with the design company to help her put a retrospective planning application in, but that was rejected. I have been through the whole thing with Trading Standards and I think they are totally satisfied with our response.

"We can't tell anyone whether or not they need planning permission - that is the lady's responsibility."

Small conservatories would not normally require planning permission. However, Mrs Smith's house is situated in The Village - a conservation area where more stringent rules apply.

Mr Martyn added: "She didn't tell us that. She might not even have known it. Planning isn't often raised as an issue with us, as the majority of our products are pretty small.

"We went ahead in good faith. I can understand her frustration, but at the end of the day the problem is she didn't investigate it herself, and it's not my job to do that. If there was something else I could do, I would do it."

Conservation areas are designated by the local authority. Anyone living within one needs planning permission for changes to buildings which would normally be allowed automatically. Introduced in 1967, such areas are of "special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance".