do you need planning permission
Discussion
First you will need to ensure that pd rights have not been removed from the property or that there are no onerous conditions applied to the planning approval , (Quite likely if it is a newish property )
Is the window to be on the side or the rear of the property .
BTW , planning law is national and not regional and there were substantial changes in permitted development October just gone .
Is the window to be on the side or the rear of the property .
BTW , planning law is national and not regional and there were substantial changes in permitted development October just gone .
Edited by Busamav on Monday 1st December 18:31
Busamav said:
First you will need to ensure that pd rights have not been removed from the property...
Or that they exist in the first place... the property has no Permitted Development rights if it's in a Conservation Area or is Listed.If in doubt, ask your local Planning Department (and if they give you an opinion verbally, make sure you record the date and time of the conversation and the Planning Officer's name.
Blib said:
funinthesun said:
Nearest visible neighbour is about 3 miles away, but technically we do overlook them. 
Three miles away?Where do you live? When are you likely to be out next?
and we have a big rabid dog...;) and the cat can give a pretty mean sideways look sometimes... and the chickens can give you a real sharp peck if your not caeful either..... but its the guard goose you really have to watch...
unfortunately the PD rights were removed as part of the original poanning approval.. THE BARSTEWARDS..
Edited by funinthesun on Monday 1st December 19:25
Can someone explain this please:
If someone (let's call him the OP) was to go ahead and put in the window without building regs. or PP what would happen?
Assuming (as nearest neighbour is 3 miles away) that he's in a rural area and no-one is likely to complain about or even notice an extra window why not just fit it and if/when it comes to it, apply for retrospective PP?
If someone (let's call him the OP) was to go ahead and put in the window without building regs. or PP what would happen?
Assuming (as nearest neighbour is 3 miles away) that he's in a rural area and no-one is likely to complain about or even notice an extra window why not just fit it and if/when it comes to it, apply for retrospective PP?
PD rights will not always let you put a window in and I assumed Building regs would only apply for an upstairs window that had to meet fire regs, 450 wide etc, If the Planners refuse a Retrospective application you then take it to written reps or full hearing to have your case heard by a planning inspectorate, or apply now for the window with your local authority, Id personally chance my luck and put the window in but making a note with your solicitor if you were to ever sell the property make sure it has been noted somewhere. P.S Written reps is alot cheaper than a full hearing but I guess you wouldnt have any issues if you put in for full planning, Ive just gone through this process with a down stairs window not overlooking any one but the house happens to be opposite the local village hall and some old busy body parish councellor informed the local authority..! Long story short it got approved first time round but cost afew extra quid.
Nolar Dog said:
Can someone explain this please:
If someone (let's call him the OP) was to go ahead and put in the window without building regs. or PP what would happen?
Assuming (as nearest neighbour is 3 miles away) that he's in a rural area and no-one is likely to complain about or even notice an extra window why not just fit it and if/when it comes to it, apply for retrospective PP?
Do it, photograph it with a current newspaper or some other dated reference in frame, and if you get four years down the line from then without any formal action, it's immune from being enforced against.If someone (let's call him the OP) was to go ahead and put in the window without building regs. or PP what would happen?
Assuming (as nearest neighbour is 3 miles away) that he's in a rural area and no-one is likely to complain about or even notice an extra window why not just fit it and if/when it comes to it, apply for retrospective PP?
If it does get picked up inside the time limit, the LPA will make an assessment of whether it is 'expedient' to enforce (a sort of public interest test turning on the planning harm caused, they don't *have* to enforce). If deemed expedient, an enforcement notice is the most likely consequence, which will require steps to be taken to put things right but they may simply invite a planning application initially if there's enough time left and it's relatively benign. At this point you can appeal and the appeal will enable planning consent to be sought retrospectively (you pay twice the normal fee however). The key is not to ignore the EN as things can (and do) get heavy from that point. Fines up to £20,000, injunctions, and entry upon your property to do the work at your cost to their spec. Planning and Building Control are entirely separate regimes.
sleep envy said:
s3fella said:
Strange, round our way you can add a window that faces a neighbour, but not one that faces the road, unless you get permission.
article 4 regs?25 JET said:
PD rights will not always let you put a window in and I assumed Building regs would only apply for an upstairs window that had to meet fire regs, 450 wide etc,
you would still need building regs for a new window regardless of whether it is ground or first , for the lintel and also a possible consideration for un protected areas .Nolar Dog said:
Can someone explain this please:
If someone (let's call him the OP) was to go ahead and put in the window without building regs. or PP what would happen?
Assuming (as nearest neighbour is 3 miles away) that he's in a rural area and no-one is likely to complain about or even notice an extra window why not just fit it and if/when it comes to it, apply for retrospective PP?
With a window, Building Regs is checked once it is installed. All they w ould do is ensure it's fixed appropriately and installed correctly.If someone (let's call him the OP) was to go ahead and put in the window without building regs. or PP what would happen?
Assuming (as nearest neighbour is 3 miles away) that he's in a rural area and no-one is likely to complain about or even notice an extra window why not just fit it and if/when it comes to it, apply for retrospective PP?
If you carry out ANY notifiable work without regs approval it is technically an illegal build and is therfore at the owner's own risk. If a problem is found it is the fault and liability of the owner to put right (or live with) until apporval is given.
If it is a more substantial build, say an unlicensed extension, then don't be supprised or annoyed if the Building Inspector requests you to expose (drill through, pull plaster off, dig out etc) an aspect of construction to check it has been done in accordance with the regs and other legally binding documents.
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