Conservatory too high

[freddiemercurystwin]

Decking is man made, it's not the original ground around the house.

Your plan to apply for planning permission knowing it will be refused is a complete waste of time. Then you will have an unlawful development with all the implications of that, whereas at the moment you don't - and it can become lawful in a few years time.

Is the four year rule still applicable if the LA has taken any action within that period?

 

[noseall]

Neighbours,

Yeah, some build structures without gaining permission, much to the annoyance of those that do comply.

 

[noseall]

It does look imposing from their side but shouldn't cut much light out cause all glass and frosted glass on that side.

Mebbe if you put clear glass there they can have their view back.

 

[Pistonhead]

They are! Got a follow up call from the Council yesterday. On Sunday a friend of ours went into the conservatory with the windows open and said in a loud voice 'so who's dobbed you in it with the Council then?'

 

[wessex101]

Well we're pretty sure it's the adjoining semi that complained. It's to their east. It does look imposing from their side but shouldn't cut much light out cause all glass and frosted glass on that side.

Oh dear, doesn't sound like this is going to end well. You probably need to start talking to the conservatory company about how they are going to resolve the situation as it is their balls-up. Either they can put forward an argument that it is in fact permitted development, or go through a planning application/appeal or if all else fails reduce the height of the conservatory.

 

[^woody^]

Is the four year rule still applicable if the LA has taken any action within that period?

No it wont apply, but at the moment there is no enforcement action, just a request from the council it seems.

 

[rules&rulers]

Oh dear, doesn't sound like this is going to end well. You probably need to start talking to the conservatory company about how they are going to resolve the situation as it is their balls-up.

Well they may be helpful always worth an ask.

My Previous dealings with window,conservatory,door companies ,reading through the smaller print/terms and conditions they have a clause saying "the customer/homeowner is responsible for obtaining all relevant permissions" Sign here if you accept our terms and conditions....................
They are just sales people really.

 

[^woody^]

the smaller print/terms and conditions they have a clause saying "the customer/homeowner is responsible for obtaining all relevant permissions" Sign here if you accept our terms and conditions....................

No-one can contract out of their professional duty of care.

 

[motorbiking]

why not get a surveyor to definitively measure it. It either complies or doesn't. i can't see it would be worth the fuss of arguing vs a bit of customisation to the roof?

personally i wouldn't apply for planning knowing it will be refused and your neighbour will object.

 

[rules&rulers]

Woody, Just reading that as it is printed by the company that have done window replacements in my previous 5 properties.

 

[wessex101]

Woody, Just reading that as it is printed by the company that have done window replacements in my previous 5 properties.

Just because it is printed in their standard terms and conditions does not necessarily make it legally enforceable. If they said it was permitted development (preferably in writing) then they have dropped themselves right in it. A conservatory installation company would be expected to have far superior knowledge regarding planning rules and conservatories than the customer, so if they made a statement that the customer relied on, no amount of small print will shift the burden of responsibility onto the customer.

 

[noseall]

so if they made a statement that the customer relied on

That would infer that the customer is blind, or retarded, or without access to the internet, or a cave dweller, or from another planet.
Isn't it funny how people become reluctant to carry out internet research when it suits them or engage in it when it does.

 

[wessex101]

I think it is reasonable that if a conservatory installer or builder or architectural designer tells a customer that the project is permitted development for the customer to take that at face value and rely upon that advice without having to do a crash course in the Town and Country Planning Act General Development Order to verify it themselves. That is why we have to be careful what advice we give as we have a duty of care to our customers.

 

[motorbiking]

in a situation where terms say one thing and conduct can be shown to be another thing, we have what is known as a side agreement. This undermines the terms. proving side agreements and establishing modification to terms is not easy and often only partially shifts responsibility.

 

[^woody^]

There are precedent cases where those with expert knowledge (susch as a conservatory installer or builder) are expected to know certain things by virtue of them being in their particular field of work, and are expected to advise or caution their clients accordingly - and they can't duck out of this, as it is an implied duty.

Signing a contract does not necessarily bind the parties to its terms if the terms are unreasonable or unlawful, or contrary to other duties imposed by statute law.