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Just moved into a place, and we'd like to widen a window in one room (nothing major, currently 1000mm, want about 1500mm) and add a window in another room (again, not massive, only about about 1000mm).
This would be permissible without planning under Article 4, but our solicitors' report from buying the place said that Article 4 directions were in place at the property, so anything will need planning. Digging through all the attached correspondence, searches, plans etc, I don't know where they've got this from, because it's not mentioned.
Now, it has to be said, our solicitors were absolutely crap, the report was rushed, and I have very little faith in. So, I've been on the Cheshire East website and had a dig around, and I can't find anything on there either. They have a list of areas where the directions are in place, and we're not on any of them. I've looked at the recent planning applications for the property, most recent being 2017, and no mention in any of the outcome/planning reports, other then we're in an area of 'Special County Value'. I've looked at the Neighbourhood Plan, no mention there.
So, can I assume that the solicitors were as crap as I think they were, and there are no directions in place?
we have this here https://gis2.westberks.gov.uk/webapps/OnlineMap/
tells you everything you need to know about an area (zoom in etc, click on the layer list in the top right, choose layer etc)
i'm assuming where you are will have something similar. They're not always easy to find, and don't always have the same layers, but....
ETA - well, here it is for Cheshire East, but I can't see any layers
and also https://www.cheshireeast.gov.uk/environment/heritage_natural_environment/conservation_listed_buildings/conservation_areas/controls_in_conservation_areas/article_4_directions/local_article_42_information.aspx
Yep, that's the list/page I found, and we're not on it.
If you ever do work out how to prove something doesn't exist please share it with us, you will become the Lord of Atheists.
Speak to the planning department would be my first step.
Speak to the solicitor would be my first step, ask them to explain where that came from.
Article 4 Directions remove certain Permitted Development rights and rarely all. As per the above, unless there's an online council source that makes clear where any Directions are then you probably are best calling the planning department. They aren't [i]that[/i] common as they are frowned on by government but there were quite a lot designated particularly in the 70s and 80s on new estates where councils tried to limit PD rights to protect neighbour relations.
Edit: Just had a quick Google and it appears Cheshire East designated a borough-wide Art4 Direction in 2019 to limit the ability to create Houses in Multiple Occupation from normal dwellings. There seem to be others in Conservation Areas. I'd speak to the planning department. NB, you also need to check Article 3 restrictions on PD rights. Must admit I don't recall those from when I was a planning officer, but it was nearly 35 years ago.
Speak to the solicitor would be my first step, ask them to explain where that came from.
Hah, you have clearly never had the pleasure of speaking to these solicitors. They were appalling at answering enquiries at the time, there's absolutely no chance no they've had their money.
Speak to the planning department would be my first step.
This would have been mine, but they're not offering their 'friendly chat with a planning officer' service at the moment, because Covid. I might just go with a speculative email, see what happens.
If your house was built in recent times (last few decades) then Permitted Development rights might have been removed through a planning condition on the approval for the house(s). This has the same effect but is not the same as an Article 4 Direction so would not be as easy to find. It's something a conveyancing solicitor could get wrong. Check the original planning consent for the house if that's the case. By all means call Cheshire East but they are particularly difficult to talk to - or at least get any sense out of. And remember- just because the condition or Article 4 direction is there doesn't mean you won't get planning permission for it - only that the Council want control over it.
Cheers, but the house is at least a hundred years or so old.
I'd write to the Council in that case and say you intend to start within *weeks and ask them to confirm. If you want to be really belt and braces, you can apply for a certificate of lawfulness. You'll have to submit a plan but if you can use something like Sketchup, it's relatively simple.
Would anyone, except you, care that you'd extended one window and added another?
If not, crack on.
Would anyone, except you, care
As it's a new house, IHN may not yet realise that he's surrounded by curtain twitchers who would dob him in for a half-pack of Werthers, meaning he has to pay a second time to reinstate the old windows....
Right, well, I mailed Cheshire East, who, fair play, responded in about an hour and said "it's tricky as it's not us, it's the Peak District National Park" and cc:d the Peak planning people.
The Peak planning people, fair play, responded within an hour and said "it's outside the boundary of the Park, so it's not us, it's Cheshire East".
So, back to Cheshire East...
Would anyone, except you, care that you’d extended one window and added another?
The only people who would even know would be our next-door neighbours, who's field (and it's a field, not garden) the windows look out onto. I very much doubt they'll GAS, but I will of course be talking to them before we do anything anyway.
The only people who would even know would be our next-door neighbours, who’s field (and it’s a field, not garden) the windows look out onto. I very much doubt they’ll GAS, but I will of course be talking to them before we do anything anyway.
FFS you do like to make your life difficult don't you.
If my 'being a considerate neighbour' is your 'making my life difficult', we'll agree to disagree.
Would anyone, except you, care that you’d extended one window and added another?
Having recently spent two days doing the planning drawings and submitting a planning application demanded by a planning authority to add one cast iron rainwater downpipe to a building and having to wait three months while they came to a decision, I’d say check it out first. (The full storey relates to a conservation officer not understanding what they did or didn’t have jurisdiction over and throwing a strop when they found out).
If my ‘being a considerate neighbour’ is your ‘making my life difficult’, we’ll agree to disagree.
You already said that they wouldn't GAS.