17 Kent Road,
1st October 1998
Dear Bob Colley,
Thank you for your letter, ref.: CON 12/RAC c.c.DA21058, after our meeting on the 16th September.
As I explained at our meeting, I had not received the leaflet which was to, ‘assess public support for the proposed Direction and help warn public of a POSSIBLE Direction’.
As I also explained at our meeting, I started gathering quotes for replacement windows at the beginning of this year (1998) – January, February, and in March found a supplier and fitter which I was happy to proceed with in entering a contract to replace my old wooden windows with uPVC windows.
Now, the schedule for this contract was to replace 9 out of the 14 windows in July and then the remaining 5 windows three months later in October. As you have seen at our meeting the initial 9 windows are in place and the other 5 are due to be fitted very soon.
On the 3rd September you sent me a letter explaining that from 2nd September 1998 an Article 4(2) Direction had been placed on my property with immediate affect.
An extract from this Article 4(2) :-
‘In practical terms means that from 2nd September 1998 if you wish to :- * replace windows or doors on the front elevation of your property;
An application for planning permission must be made to the City Council Planning Service. Please note that this does not affect any alterations that have already taken place nor does it affect repairs to the property.’
Now this letter, ref.: RAC/A4(2)CAl2(west), does not mention anything about work already started, i.e. the contract that I have entered into in good faith with the uPVC windows supplier and fitter in March which is in progress.
In addition to this your letter, ref: CON 12/RAC c.c.DA21058, states, would not recommend continuing without permission, because such work would be unauthorised and could result in enforcement being take.’
As such, I am now in a position that I entered in good faith, and are half way through a contract, to replace my windows with uPVC and if I proceed with this contract could be in breach of this Article 4(2) or if by not proceeding be in possible breach of contract with the uPVC supplier and fitter.
I must therefore object to this Article 4(2) on two grounds:-
Firstly, that I have been given NO prior warning or advance notification of this Article 4(2) being implemented on my property. In actual fact I was not notified of this Article 4(2) as until the day after it was implemented.
Secondly, that it would appear that I am in a stale mate position between the Article 4(2) and the contract I have with the uPVC window suppliers and fitters.
I am at present seeking advice from several sources on this matter and if I may trouble you for details of were and in what sections I could find more information on the regulation on issuing such an Article 4(2) I would be very grateful, as this might mean the minimal fuss to all concerned.
Finally, may I also ask that you supply me with details on how I should apply for planning permission for the continued replacement of the remaining front two windows.
I look forward to your response.
Stephen Hibberd BEng(Hons) AIVIIEE