Putting groundfloor windows in an extension

[cack]

Hi any advise welcome

I was granted permission for an extention in Aug 2004. The drawings approved due to an error had no groundfloor windows and a condition was that the extention be built to the drawings submited. It was built with three 1msq groundfloor windows 1m from the boundry and I have had an enforcement notice to block them up as they do not comply with a condition of permission. If I block them up and the enforcement section inspect and say that the extention now complies with the permission granted. can I open them up at a later date under exempted developement rules. If I apply for retention do the planners only look at the windows in question, or the whole development and can they attach further conditions to other parts of the development. I asked planner if he could put this as minor alteration to permission and he said he could not do that.

Thanks

 

[onq]

In order -

No. The windows are within one metre of the boundary. You said so yourself. As far as I know, they are thus not exempted development. Opening them up without permission was what got you into difficulty in the first place.

No. The local authority will probably look at the whole building and how it affects adjoining properties.

Yes. They used to take the view that they can only look at what you apply for and what is described in the planner advert, but I understand some have recently interpreted this more broadly. Regardless you can hardly show the windows in isolation on a blank sheet of paper. You must show the elevation they are within and the rooms they affect/support. Your concern begs the question as to why you're concerned. More importantly, showing that the windows are necessary to serve habitable rooms is surely your greatest argument for achieving a retention permission.

What's yjs?

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You can either
- appoint a competent architect with planning experience and let him sort this out via a retention permission for you or
- you can continue tying yourself in knots over a relatively minor matter or
- you can live with blocked up windows.

My advice is to go for the first option, because local authorities appear to have plenty of time on their hands to pursue enforcement issues these days and as they used to say in the States - "you can't fight City Hall"...


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

 

[cack]

Thanks for the coments OnQ

Sorry should have said the windows are just over 1m from boundry,aprox 1.3m and the land that they face is an open field with no buildings on it. My concerns are due to the original planning process which took nearly 18 months and five or six applications and a lot of frustration, not a pleasant experiance. I had an engineer do the planning for me and the windows where in the early drawings that I got from him but some how got deleted from the drawings that were passed.

 

[onq]

Thanks for clarifying that, cack. I definitely took the other meaning, which shows the benefit of spelling out an answer, doesn't it? We could have gone a few reply cycles tossing that one back and forth. LOL! Well done!

Okay, different tack.

Exempted development is just that. Exempted development is development you can carry out without permission. When you have permission you are supposed to carry out the development in accordance with the plans and particulars lodged. Some local authorities have interpreted this to mean that once a permission is granted it "fixes" things in position and that even otherwise exempted development, if a permission "rules" on it, is not now exempted.

There are counter arguments, of course, but it may be an uphill struggle and involve a lot of time and money.

In the present situation as you have clarified it, a retention permissions seems the cleanest way out and I would strongly recommend you ditch the engineer and appoint an architect with planning permission expertise to deal with this matter. A court battle over three small windows is pointless and could end up costing you thousands of Euro for appearances, research time and solicitors fees to defend a position which the court might find is indefensible.

That's not to assume that this is the only issue that may arise with your premises or that you are 'entitled' to get the permission. We offer advice on AAM in the presence of unknowns so please read my signature file disclaimer and proceed with foresight and caution.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.