Clear intentions

Clerestory windows are high level windows. It’s an architectural term so might not be familiar to everyone. Evidently, it wasn’t familiar to an inspector dealing with an appeal against an enforcement notice relating to a new dwelling in Cheshire (DCS Number 400-019-522).

The notice required two high level windows serving the living room to be obscure glazed, and also required that the building should be completed in accordance with the submitted plan. Quashing the notice, the inspector found that the requirements contradicted each other, as the plan showed that the two windows would be “clear storey windows to living space”. Ignoring the wavy red line under “clear storey” (the DCP Blog might be elaborating a bit here) the inspector found that it was not clear on the face of the notice whether the two high level windows should be obscure glazed or not. She declared the notice to be so hopelessly ambiguous and uncertain as to be a nullity.

Poor old council.

The legal background relating to the framing of enforcement notices can be found at section 4.536 of DCP Online.