Wirral homeowner “persecuted” over wrong windows in Birkenhead home

Nov 10 2010 by Liam Murphy, Heswall News

A FAMILY fear they will be forced out of their home of more than 30 years by the council because they installed the “wrong windows”.

Pat O’Hara said his family have been “persecuted” by the council’s planning department who say the Grade II-listed house in Birkenhead should not have double glazing.

The couple now face a bill of more than £35,000 to have the changes made, including repainting the house, and replacing a window in the roof.

Mr O’Hara and his wife, Mary, are still coming to terms with the death two years ago of their son John, 29, who suffered from cerebral palsy. The couple claim they had the double glazing installed for his well-being 10 years ago.

Mr O’Hara said: “The windows were rotten and we needed to make sure the house was warm and not draughty. We had them put in for my son’s health.”

But, over the last few years, they have been in dispute with Wirral Council over the changes to their home on Clifton Road, in Birkenhead’s Clifton Park Conservation Area.

Mr O’Hara, who works in the construction industry, but has had difficulty finding work in the recession, said: “I have spent more than £20,000 making this house habitable. Now I haven’t got the money to do anything about it.”

The conservation area has strict rules about changes to the buildings which are considered to be of historic importance.

But Mr O’Hara said the cost of the changes could reach more than £40,000 to complete.

A report to the council’s planning committee, which meets on Tuesday, outlines a series of options ranging from prosecuting the O’Haras, accepting it is not in the public interest to pursue a prosecution, or the council undertaking the work and charging it to the house – which means, if the property is sold, the authority can recover the money.

However, the report urges the councillors to proceed with the prosecution – which could result in the family being fined.

The report to the planning committee by director of technical services, Dave Green, said: “Clifton Park Conservation Area is registered as ‘at risk’ on the Government’s Heritage at Risk register. These factors must be balanced against the personal circumstances of the occupiers.”

The report outlines the family’s circumstances and recommends the council “pursue a prosecution against the occupiers for their failure to comply with the requirements of the notice.”