My neighbour has obtained a planning permission to enlarge existing windows which have obscured glasses and to insert an additional window at the rear of his property with a planning condition which says that the new windows should have also obscured glasses to protect against overlooking
Then this neighbour has obtained a lawful development certificate to enlarge the existing windows and insert four additional windows but with clear glasses
The council told me that the fact that he has inserted windows with clear glasses is not a breach of the planning condition of the first planning permission which says that they should have obscured glasses because this planning permission has not been implemented because the windows have been enlarged more than in the approved plans of this planning permission and four windows have been inserted instead of only one.
Hence the issue is whether or not this planning permission has been implemented because if it has been implemented the windows with clear glasses are contrary to the planning condition which says that they should have obscured glasses.
Moreover if it has been implemented this lawful development certificate is illegal because it is contrary to a planning condition as explained in section 3(4) of the GPDO 1995 which says
"(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order."
All the work concerned by the planning permission have been made i.e. the windows have been enlarged up to the size indicated in the approved plans and an additional windows has been inserted up to the size indicated in the approved plans. All the other work is additional work done after this work was done. For example if we do the development indicated in the planning permission and after we do additional work this additional work is separate from the development concerned by the planning application
Does not this means that the development concerned by the planning permission was made and that additional work was done subsequently? Moreover the planning permission was still valid when the lawful development certificate was granted and it is known that a lawful development certificate will not expunge the existing planning permission and its conditions
Can we say that the planning permission has been implemented and then the windows have been made bigger and additional windows have been added?
