Thanks for your question. Please kindly RATE my answer when you are satisfied
Was it part of the original construction of the property please or was it installed subsequently to the original construction?
I think it was installed a decade ago.
the house is over 100 years old
Thanks. Do you know if planning permission was obtained for the window?
from what I can gather from public records that no permission was granted
going back to 2003
Thanks. On the basis that no permission was applied for under the provisions of s171 of the Town and Country Planning Act it is not possible for the council to take enforcement action in respect of the window after 4 years following its construction.
If permission was obtained and the window was in breach of one or more of the conditions of that permission then the relevant enforcement period is 10 years rather than 4 years but that is not the case here from what you say.
so what if a plan was refused and the previous owner went and did it anyway (covering all possibilities) council's website is a bit dodgy
The only other bases on which the neighbour could attempt to take action would be if he could show a binding covenant over your land that restricts that type of development which could be possible but would be evident from an inspection of his deeds which you can download from the Land Registry. Even is he had one it would be too late by now to force you to remove it but he may be able to claim a modest amount of compensation - only in the event he can demonstrate he has the benefit of a covenant you have breach of course.
If planning permission was refused then the work would have been carried out without planning permission and therefore the relevant period for enforcement would be 4 years.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).