Obscure window - condition of planning approval

phil24_7

Doozergirl wrote: »

This is for a window that the planners have clearly stated falls within the range that a clear glass window would affect the privacy of neighbours. Nothing to do with highways?

I know this, but it was being banded about that conditions go away after 4 years without challenge, I was just pointing out that this is not always the case and it would depend on the condition and who orders it.

kie-ade

In my post I made it clear that my opinion was 'based upon the information given' - i.e. Obscure glazing/privacy condition.


I was also careful to state that, after four years, they 'should be immune to any enforcement action.'
This certainly does not mean the condition goes away.

teneighty

kie-ade wrote: »

In my post I made it clear that my opinion was 'based upon the information given' - i.e. Obscure glazing/privacy condition.


I was also careful to state that, after four years, they 'should be immune to any enforcement action.'
This certainly does not mean the condition goes away.

The period for enforcement on a breach of condition is actually 10 years.

kie-ade

teneighty wrote: »

The period for enforcement on a breach of condition is actually 10 years.

Not in this case (ie. single dwelling house with no change of use etc.).

teneighty

kie-ade wrote: »

Not in this case (ie. single dwelling house with no change of use etc.).

I beg to differ but happy to be corrected. I've always known it as 10 years and a quick look at the rules seems to confirm it. Is the single dwelling house you refer to above actually "use" as a single dwelling house which covers things like using an outbuilding or granny annexe as a single dwelling house?

kie-ade

teneighty wrote: »

I beg to differ but happy to be corrected. I've always known it as 10 years and a quick look at the rules seems to confirm it. Is the single dwelling house you refer to above actually "use" as a single dwelling house which covers things like using an outbuilding or granny annexe as a single dwelling house?

You were right to differ, it seems I need to eat a huge slice of humble pie. The four years would relate to a change of use and, as you correctly pointed out, 10 years for breach of condition.


I shall now go and wipe all that egg off of my face!

phil24_7

So is it 4 years where planning isn't sought, 4 years for a change of use and 10 years for a breach of a condition?

teneighty

kie-ade wrote: »

You were right to differ, it seems I need to eat a huge slice of humble pie. The four years would relate to a change of use and, as you correctly pointed out, 10 years for breach of condition.


I shall now go and wipe all that egg off of my face!

No problem, I do this for a living but I still learn things from this forum so I find it a great tool for broadening my knowledge.

cyclonebri1

If it came to the worst and the glazing had to be changed it's a very simple and relativly cheap operation.
And if you have the same luck as me, in 5 years time the windows will be obscure anyway, they will have "misted":rotfl::rotfl:


On a more serious note the whole issue of planning conditions is tricky even for small private applications and yes, it's even more so if there is a change of use. I know this having had to go through this process at committee level last year for just such an application, it becomes a steep learning curve to fully appreciate the full implications and to know your rights.