Retention of something against Permission

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    • #709336

      If something has been mention specificaly as a condition of a planning approval can it then be applied for as retention.

      I.E. A window size overlooking my house on the back of a new development was increased from the original plans. A second application for changes to the original plans was made and granted but based on my observation the window size was to remain as the first set of plans. The larger window is already installed but not rendered etc. Can they now apply for retention of this window or must it be changed?

    • #788811

      Retention isn’t an issue as the choice that they have is to either apply to modify the permission by having the condition overturned or comply or just try and ignore it.

      If they ignore it they are in breach of a planning condition which is more serious as they cannot claim ignorance of the obligation. The problem you face is that it is difficult to pursue as the permission probably still has a valid life and they can argue that they will get around to it until the permission life period expires.

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