When a planning permission to insert windows has been implemented? - Public forum - Planning Advisory Service (PAS)
When a planning permission to insert windows has been implemented?
Former Member, modified 8 Years ago.
When a planning permission to insert windows has been implemented?
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?
Former Member, modified 8 Years ago.
RE: When a planning permission to insert windows has been implemented?
What evidence has the Council that this planning permission was not implemented before the lawful development certificate was granted and then the windows were enlarged further and more windows were added? Hence in this case Section 3(4) of the GPDO 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”
will kick in because these windows with clear glasses will be contrary to a planning condition of a previous planning permission which says that the windows should have obscured glasses. The Council did not make any site visit at the time the application a lawful development certificate was made
Former Member, modified 8 Years ago.
RE: When a planning permission to insert windows has been implemented?
Even if we consider that this planning permission was not implemented it remains that it could be irrelevant whether or not it was implemented in case section 3(4) of the GPDO applies even for planning permissions which have not been implemented.
As I say in my previous post this piece of legislation says
“contrary to any condition imposed by any planning permission”
What include also old planning permissions what means that it would be impracticable for the council to check if a very old planning permission has been implemented in the past because additional work could have been done after that it was implemented etc...specially that the processing of an application for a lawful development certificate is not intended to be as in-depth as a full planning permission application
It is much easier for the planning officer in charge of the processing of the application for a lawful development certificate to simply look into the relevant planning history if there is a planning condition which is contrary to lawful development certificate and if yes simply to refuse the lawful development certificateFormer Member, modified 8 Years ago.
RE: When a planning permission to insert windows has been implemented?
The Council in its report about the application for this lawful development certificate for unknown reason did not take into account in the relevant planning history of the site this previous planning application with this planning condition which says that the windows should have obscured glasses.
As a consequence at the time this application for this lawful development certificate was made the Council did not investigate the fact that there is a previous planning permission with a planning condition which is in contradiction with this lawful development certificate to insert windows with clear glasses.
Hence it is surprising that the Council says only now following my complaint that the fact that there is a previous planning condition which says that the windows should have obscured glasses is irrelevant because the planning application to which this condition is attached has not been implemented even though it did not take into account this planning permission in the relevant planning history and as a consequence did not investigate whether or not it had been implemented
There is a planning condition in a previous planning permission which is in contradiction with the LDC and there is a law i.e. Section 3(4) of the GPDO 1995 which says that there could not be permitted developments contrary to a planning condition so this should have warranted an investigation and an explanation from the Council in its delegated report about the LDC. Hence it was very unfair from the Council to simply ignores this important issue