Planning permission. Desperate situation, neighbours taking the ****

[sarwal]

Our neighbours are building a tall brick shed, outhouse type building at the bottom of their garden. It is very tall with a slopping roof, proper foundations, concrete floor and double wall - inside is breezeblocs outside is brick.. This thing looks almost like a minature house rather than a garden shed. They are also going to tear down the lovely wooden garden fence - which is theirs but has all our creeping plants on it - and replace it with an ugly high brick wall with wooden fence on top.
We are all pretty distraught about this, it is a huge eyesore, and to take down the wood fence will undoubtably cause damage to our garden and plants.
Does anyone know what our rights are.. its quite a desperate situation, this thing has pretty much sprung up over night, although they were laying the foundations all last week.
We dont know if they have planning permission and we dont know if they need it.
Please someone help us.

[dancecaller]

If it fixed (with foundations) surely it needs planning.

But I think they can take down the fence, they might say you had no right to grow plants up it.

Just guesses, but worth contacting planning department.

My in-laws neighbours built a huge wooden shed at the end of their garden, about 2 ft away from in-laws side wall, completely blocking the light to bathroom window, there was nothing council coul do about that.

[lady_p_gold]

Ring the Council and ask to speak to the planning department and get some advice. They will tell you whether planning permission is needed and whether they applied for it. If they do need planning permission then you will have a chance to object, and if they have erected it without the proper consent then the enforcement officer can take action to make them take it down again.

[joko]

why not ask nicely if they would leave the fence up on your side and build the wall up against it?

if they are going to rip it out i am sure they won't mind as it will save them a job of removal and disposal

if they are concerned about boundary lines, i suggest you contact a landscape gardener and ask for their help in moving the fence a foot or so into your land and saving and moving the plants attached.

i would investigate the planning permission as usually you would get a letter telling you of the plans, so they may be doing this illegally.

the speed they are working, may imply that they think that once its up its too late to deny permission, but the council will order it to be taken down no matter how much work and cost has gone into it, so they are mistaken if thats their plan

[sarwal]

Thanks for answering. We will be contacting the planning office first thing on monday, its just trying to get through the weekend with this huge eyesore next door gradually getting taller and taller...

[buildersmate]

This structure would need Planning Permission if any of the following apply.

It would be nearer to any highway than the nearest part of the "original house", unless there would be at least 20 metres between the new building and any highway. The term "highway" includes public roads, footpaths, bridleways and byways.

More than half the area of land around the "original house" would be covered by additions or other buildings.
The building or structure is not to be used for domestic purposes. For example, for parking a commercial vehicle, running a business or for storing goods in connection with a business. That's going to be hard to know just now.

The building or structure is more than 3 metres high, or more than 4 metres high if it has a ridged roof.

If the house is a listed building, or you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty, or the Broads, and the structure has a volume of more than 10 cubic metres.

Lastly, if they have extended their house already using Permitted Development Rights (i.e. smallish additions for which PP was not required) and the new shed is within 5 metres of their house, the shed 'counts' as part of their Permitted Development Rights entitlement, and they might therefore have to get PP for this shed . Post again if this point is likely to be true and you want more details on what it means.

If the fence is theirs, unfortunately legally they can do what they want with it. They could build right up to the boundary, but their foundations must not come into your land and no part of the shed can overhang (gutters).

[sarwal]

Thanks for your detailed reply... Quick question re this paragraph:

"If the house is a listed building, or you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty, or the Broads, and the structure has a volume of more than 10 cubic metres."

Does this mean that if the building is not in a conservation area, national park etc then it can have a volume over 10 cubic metres and not need planning?

I hope that question makes sense. Also do you know if there is anywhere to check online if someone has filed for planning permission? Like a government agency... I've done some searches, but haven't found anything like that yet. If not then we'll just find out on Monday from the planning officer..

thanks again!

[buildersmate]

Yes it can be bigger than 10 cubic metres (which is quite small, really).

The key things for you I guess is whether it is within 5 metres of the main house. If it isn't, one is actually allowed to put up an awful lot of sheds etc. on one's land without asking for PP. Or the overall height constraints might help you.

You can start to look for Planning Applications made here. This is the web portal for the Government's Planning website. Go to the Local information bit and type in the name of your local authority (council). The website should then take you straight into that Local Authority's planning information. You don't have go in through this route - you could go to the local council's Home Page to search for 'Planning Permission' or 'Development Control' as one of the services. Different councils have worked at different speeds to get PP online. Your council may not have put the history of Planning Applications/Permissions granted on line yet. The fallback is to visit the Planning Department in person - you will always be able to ask for the history of Applications made on your neighbour's (of any other property).

http://www.planningportal.gov.uk