Planning Permission for windows

[Abbie]

des8


Thanks for your response.

Initially I thought that the architect had submitted the plans wrongly and that the windows had been installed incorrectly. However, he and the builders are adamant that they have been installed as submitted and approved by the council. They are 1.15m internally from finished floor height and 1.45m externally from ground level. I can't read the scales on plans etc but according to the architect that is exactly how they should be. He assures me that the height of the windows is always taken from finished floor height internally but I am only taking his word for that and when I asked the planning department this question at the beginning of this debacle, incredibly they could not offer an answer as to where measurements are taken from.........To be honest, I am not sure that they even knew what they were looking at with regards to the plans.
It seems to me that they are using the "discretionary" part of the enforcement as a means to actually force me to do it.

Yes, we considered raising the ground level to DPC but it's just too expensive on the basis that this has turned into a "principle" argument!! I did wonder what would happen if I put a 12 foot fence up where the window is that has irked the neighbour (as she is essentially one that started this) and see if they just leave me be. That is my boundary also.
I get the feeling that they won't budge on this one though as a result of the neighbours complaint but it has irritated me that they have not essentially given me any clarification really about what I have contravened.

Apparently they are notorious for being pernickety etc and short on information!

[des8]

But it is the enforcement action which is discretionary if the building does not conform to the permission or to building regulations.

Note that IF (repeat IF) the building has not been constructed as per the plans as passed and must be altered, IMO your architect &/or builder will be responsible for any extra costs.
If the building has been constructed in accordance with the plans as passed, but it contravenes some building regulation and so the council require it to be changed, then the council must pay .
I assume your architect and builder support your stance and would be prepared to appear in court on your behalf.

Have they actually given you formal notice to change your building?

I think you ought to respond that you, your architect and builder dispute their finding that the building is not in accordance with the plans.
Accordingly you require them to detail what section and subsection of the Building Act 1984 they are acting under as you intend top appeal to the local magistrates court

If you are served with an enforcement notice under sec 36 of the Building Act 1984 (https://www.legislation.gov.uk/ukpga/1984/55/section/36) you will need to lodge an appeal at a Magistrates’ Court under section 102 of the Building Act. (https://www.legislation.gov.uk/ukpga...55/section/102)

It might be worth having a consultation with a local solicitor. (either a free half hour or set price initial chat)

PS 12 foot fence is a tad higher than the 2 metres normally allowed!