Buying a house with breach of planning. 4 or 10yr rule?

[Old4new2018]

We found out today that the vendors of the house we are buying have ignored a condition of planning regarding a window in the extention. I have been googling for advice but am unclear if this would fall under the 4 or 10 year rule that would mean it would now not be enforceable. Can anybody advise?

Basically window was meant to be opaque due to neighbours complaints about privacy. Was built with a clear glass window just over 4 years ago. Apparently they were going to change the glass if neighbours kicked up a fuss but it wasn’t mentioned so they left it.

It wouldn't be expensive to change the glass to frosted if necessary.

Breach of condition is 10 years so if it's only been there 4 years it won't be immune from enforcement action now.

10 years. Ask for an allowance to switch it to opaque

The window is a big selling point as it looks out over amazing views. It is a kitchen window and to change it, to what would feel like a bathroom window, would really impact the feel of the room.

If it looks out over views why did planning stipulate it should be opaque? That’s bizarre. There must be more to it than that. It looks out over the neighbours and then the view?

I would walk away. If it’s enforced it ruins the house. You might be stuck with no view at all.

10 years for breach of condition. The planning report should explain why the condition was seen as being Important. If the neighbours objected to the development on basis of impact on privacy, then I’m surprised that they haven’t complained about the breach, unless they can’t discern that the window is clear rather than opaque. Presumably as a habitable room it isn’t the only window to the room, otherwise is less likely that a condition would have been imposed requiring opaque glass, IME.

My local council would tend only to impose conditions relating to obscurity to side facing windows or windows that offer an unacceptable vantage point over neighbouring gardens. You could apply to remove the condition if it has been unreasonable imposed but then that runs the risk of drawing attention to the window if it’s currently an unnoticed breach.

I think if obscuring the window would be a deal breaker for you then don't buy it. I expect you could get an indemnity for it (providing you haven't alerted the council/neighbours about your concerns!) but that would just pay out for you to fight enforcement, and if you failed, would pay out the difference between value of house with clear vs obscured house. But that's no use to you if you wouldn't want to live with an obscured window....