Omitting windows from approved plan

[alexpez]

Hi,

I'm buying a house off plan from a developer, and I'm wondering how easy it would be for them to omit two small side elevation windows that they dont normally fit to this style of house (looks like they've been added to the plan as the side faces a road).

I've read that you dont need planning permission to brick up a window (is that correct?), but I'm wondering whether you need additional planning permission to omit a side window/s from an approved plan?

 

[LukeB123]

Technically they can't do it without amending the plan. They wouldn't be building the house in accordance with the approved plan, and technically they would have to put an application in to amend it.

You are right in that you don't need permission to brick it up AFTER (Or on a house that's already built) but unfortunately they would be building it incorrectly if they ommitted them.

It would probably cost them a couple of hundred quid to do, and a bit of time to sort the planning issues involved with it - and I tend to find most developers probably won't do it for you, they will probably just throw the onus onto you, or tell you you can do it after for free!

Depending on who the developer is, and how big the site is, you might get a different answer though.

 

[alexpez]

Thanks for info.

I've spoken with the council who said they'd need to see plans before assessing whether it would be a non material amendment, although a planning specialist (the company that the developer used to obtain the original planning) has advised that it probably would fall into this category.

One thing the planning specialist mentioned was that it may have been the council requesting the window on the side of the property in order to either beautify it or for security reasons.

All academic though, as the dev came back with a no to the change, citing surveillance.

So more questions!

1.Is it possible the council requested this window, and if so, should I be able to find that request on their planning website (which is pretty good and contains all the planning documents that appear to relate to this build - lots of them!).

2.If the council did request the window, would I still be able to block it up under PD after I'm handed the keys?

3.What happens to my NHBC and developer warranty/guarantee if i do any work on the house? Presumably bad things, all in the small print somewhere I suspect (in work and away from the documents at the moment).

 

[freddiemercurystwin]

Yes it should be there, there will be a the list of conditions attached to the approval. Often permitted development restrictions are added to new builds.

Ensure you ask the developer for some spare bricks!

 

[alexpez]

I've found some documents from the police architectural liason that references the SecuredByDesign website. Included in a document on that website is the text:

12.1
It is important to avoid the creation of windowless
elevations and blank walls adjacent to space to
which the public have access. This type of elevation,
commonly at the end of a terrace, tends to attract
graffiti and inappropriate loitering. Where possible,
provide at least one window, which can be at first
floor level, to give views over the public area.

I cant find anything that says they absolutely have to follow that though. Will keep looking.

 

[freddiemercurystwin]

Forget that, you are just peeing in the wind. that's just standard stuff you will find on every single house planning application. Unless the site manager was intimate with the whole planning approval then he won't know why the windows are there.

Just block the bloody things up after you have bought it, the planners will never issue any enforcement for such a minor breach, that's if your PD rights in respect of windows has been removed as a condition anyway. As mentioned you will find the conditions attached to the approval online.

 

[cjard]

Thanks for info.

I've spoken with the council who said they'd need to see plans before assessing whether it would be a non material amendment, although a planning specialist (the company that the developer used to obtain the original planning) has advised that it probably would fall into this category.

It probably would be a nonmaterial amendment, in which case there are no material planning considerations to the action so effectively nothing that the planning department have any active interest in at all and no enforcement would be issued. If you seek a NMA from the council and they approve it, all you'll have done is paid them £200 to confirm that it's not in their interest; kinda like paying a sum of money for a consultation with your local police officer to confirm that you're allowed to shower naked

Volume house builders probably won't customise for you in this way because the costs are quite high; to you it's just blocking up a window. To them it's change of plans, a raft of bureaucracy, and having to have sufficient people in the on-site food chain with their brains switched on enough that it actually will happen. It won't