Enforcing against Permitted Development Conditions

[AndrewSchofield]

In the new PD regs i understand that the insertion of a new window or door opening is still permitted development. However, a condition was introduced whereby if the window is on the first floor, and on a side elevation it must be fixed (i.e. you can't open it) and be obscure glazed. I understand that this is to prevent people putting a window in that looks into their neigbour's garden and/or windows but what about detached houses which aren't close to other dwellings?

A friend of mine is wanting to install a window on the first floor side elevation and has no immediate neighbours. They don't want an obscure glazed window. Does anyone think the planning authority would enforce against this window being clear glazed (if they ever find out about it at all?) given that there are no neighbours to lose any privacy??

 

[freddiemercurystwin]

H'mm thats a bit of a grey area I think, I'd just do it, he can always stick some film on it should it be required or if worst came to it and that was unsatisfactory to the planners he could just replace the sealed unit. He could just phone the planners anonymously although I appreciate they'll most likely give a wooly answer!

 

[AndrewSchofield]

Cheers, i think i'll advise him to do it and wait for them to bring it up. Its on a farm and he owns all the land around it so no-one will ever know its there without coming on to his land.

 

[spongobongo]

The decision whether or not to take enforcement action boils down to one thing: expediency.

No local planning authority worth its salt would issue an enforcement notice against something like this. Enforcement notices are expensive to issue and, without some neighbour kicking up a fuss, the council would simply encourage you to make a retrospective planning application.

We get hundreds of these sorts of technical breaches of planning permission every year. They all end up as NFAs (no further action).