Shed In Shared Access Area

[Lols]

Hi All, I asked 3 neighbours about building a storage area for hand gardening tools, soil, garden hose etc. All said yes. Now built (under 3 square mitres) and they have said no. I received a solicitors letter and sorted that as there is no legal implications as they say it is 'communal access' but all deeds and plans (I checked in planning) state 'shared access' for maintenance and repairs to buildings. I have not stopped access to the brickwall at the end and everyone can use it for garden stuff. I only have space for a few planters but 2 residents have raised gated patios! They have now complained to Planning and I have been asked to put in a retrospective application at a fee of £275! It is shared area and nothing to do with planning in my opinion it is a neighbour dispute or a legal matter as planning have no jurisdiction over 'shared' areas. Am I right?

[Zacs-Master]

Sheds are generally classed as 'permitted development' i.e. They do not need planning permission.
https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

[Lols]

Thanks ZM exactly what I said to planning and din't want to complete and application form, pay £275 and sign something I didn't agree with. I have been called to a meeting with planners to discuss the implications of the form. What do I need to know? I feel victimised and unsure of procedures.

[New Judge]

Sheds certainly are "permitted developments" - normally.

However, there may be complications because where you have built it seems not to be exclusively your land. You need to be guided by the planning dept.

[Zacs-Master]

'Swhy I used the word generally. As NJ says you'll need to discuss it with the planners. You're wrong that they don't have jurisdiction over shared areas.

[Lols]

Thanks New Judge, I checked all pipes and drains and nothing is covered and there is no floor in the covered area so access is available if needed. There is sufficient width for a person to passby if they want to reach the wall at the back and the height does not impede any vision. So everyone agreed OK. It is shared access for maintenance and repair purposes and still room for ladders etc. All deeds say'shared access' and no ownership indicated.

[woofgang]

When they said “yes” in the beginning, did you get it in writing?

[Lols]

Thanks ZM regarding jurisdiction over shared access but who owns the land? All adjoining properties? Who maintains the area? In fact I do as most of other residents do not reside 12 months of the year in the properties.

[Zacs-Master]

Who owns it or maintains it is an irrelevance.

[woofgang]

The land registry and your house deeds should tell you who owns the land....in my case its all the surrounding house owners. Maintenance has nothing whatever to do with it. Can I ask again if you got WRITTEN agreement from your neighbours before you built?

[Lols]

Hi Woolfgang, silly me no I didn't get it in writing as we were all very friendly and help each other. The view was to grow plants, veg, fruit in planters for all to enjoy and obviously a storage area would help to keep the necessary items. On owner rents his property and he was the one who consulted with the neighbours (without me) and now they dont talk and they are concocting stories to planning.

[woofgang]

oh dear....

[Lols]

My understanding if there is a neighbour dispute planning department were not involved. Is this correct? The sharing of an area is for the neighbours to discuss? All deeds show 'shared access'.

[Zacs-Master]

'My understanding if there is a neighbour dispute planning department were not involved'

I don't understand what you mean.

[New Judge]

You should understand that whether or not your neighbours agree to the development is not necessarily the point. If Planning Permission is required it is not your neighbours who can grant it. Only the Local Authority can do so. You neighbours may object to it as part of the planning process but even if they all agree, if the development does not meet all the planning regulations then permission will not be granted.

This is why you must engage with your local authority and be guided by what they tell you. If they rule that planning permission is required and you refuse to apply for it (or apply for it and your application is refused) they can and almost certainly will order you to take the shed down. Better to engage with them, co-operate with them and listen to what they have to say. There is no point in arguing the toss with them because (a) they almost certainly know the regulations better than you do and (b) they hold all the cards.

I have to say that I hold no brief for Local Authorities. Their usual response to anything I have asked them for is “No, it can’t be done”. But I will make an exception for my local Planning Department and Building Control. I have always found them very knowledgeable, pleasant and co-operative, often stretching a point or two in my favour when they can. But if you go in with your hackles up the shutters will come down and you will be the ultimate loser.

[Lols]

Thanks everyone for your answers. I would not have built the storage area without consent of neighbours and the relevant questions to planning regarding size etc. Also I trolled all planning applications in our area for shed applications so I knew how to fill in the form, However, none must have been built as there was no plans registered. I have complied with planning at all stages but the form was very misleading and the cost of £275 quite costly for such a structure I thought. I asked for help with the form but now they want 4 copies and 4 'plans' before and after and the requisite ratio. A lot of paperwork and cost for a storage area for soil and hand tools. Also they still haven't stated what planning policy I have breached.