In response to the anonymous request of April 5, the 4-year rule may or may not apply. This would require an appropriate examination of all relevant facts and would therefore require formal professional instructions. Two aspects must be taken into account here: firstly, the need for a building permit and, secondly, the need for a classified building permit. In fact, no building permit is required for the replacement or modification of windows, as it is a development authorized under Class A of Part 1 of the Second Schedule to the General Permit Order. However, this really won`t help you if the building is a listed building, because (although the development allowed under Part 1, Class A applies to listed buildings and other buildings in a nature reserve), many types of work, both external and internal, also require a classified building permit for a listed building, regardless of the quality of the registration. According to article 7 of the Classified Buildings Act, it is a criminal offence to carry out (or have carried out) demolition work on a listed building or to modify or enlarge it in a way that would impair its character as a building of particular architectural or historical interest, unless the work is authorised by a classified building permit. The Local Planning Authority [LPA] has the power to issue a Notice of Completion of Listed Buildings (LBEN) to require the removal of these modifications. This authority is not subject to any time limit. The 4-year rule that applies to the application of planning does NOT apply to the application of listed buildings.
Thus, Naylortron`s neighbors can congratulate themselves on “getting away with”; But that`s not the case! The LPA could at any time provide an LBEN for unauthorized work on a listed building carried out since January 1, 1969. The only possible saving is that the need for a classified building permit only applies if the modification or extension “would impair its character as a building of particular architectural or historical interest”. In some cases, this has been and still is the subject of heated disputes. However, most heritage officers believe that the installation of double glazing would compromise the character of the listed building and therefore requires a listed building permit. A second exception would be if a building was intentionally hidden (there was a recent case where a house was built and surrounded by a haystack). If a planning authority becomes aware of such a development and can provide evidence of the developer`s deliberate intent, it may refuse a legal development certificate. .. But that`s just a small selection of what can be put in place to make your point.
However, it`s not just about tinkering with a bunch of documents. You should use them to argue a clear and consistent case. That is why it is better to entrust this task to an architect or planner who has proven himself with the four-year rule. In response to Sara`s request (September 12), this use appears to have become legal under the 10-year rule some time ago, and it seems that you have the evidence to prove it. If Keystone Law`s legal assistance is required to handle the case, please email me and I will find a member of our planning rights team who could handle it. You talk about an “enforceable title.” Based on the context, I assume it could have been a communication about planning violations. This requires a fairly rapid response (for which mutual legal assistance would be desirable). If, on the other hand, an enforceable notice has been served under section 172 of the 1990 Act, it is important that an appeal be lodged with the Planning Inspectorate before the date on which it is to enter into force. Legal advice in this regard is essential and urgent.
The problem may arise that if the structure was intentionally hidden from the local authority – if it was or could have been – then the 4-year limit does not necessarily apply. The rules for the authorized development of our buildings changed some time ago. Think that you have been allowed 4 m high and 2.5 m from the eaves for each building, just like the current rules for buildings 2 m from a limit. .