shed built on boundary lines

Re: shed built on boundary lines

Postby arborlad » Sun Dec 06, 2015 4:37 pm

gadily wrote:......the single slope is what im thinking of a once and for all roof build sloping onto our property as it would stop any more trouble to do with the shed but it means the back end must be lifted for the roof fall to clear water off the roof....



This would be a good solution, an offer to do it in a matching brick (which planning might stipulate anyway as a requirement) would go a long way towards permission.
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: shed built on boundary lines

Postby gadily » Thu Dec 17, 2015 2:17 pm

im back to say a thankyou for all the input

ive collected the planning permission forms from the council as this is whats needed and not the lawful development certificate knowing that it will be refused, so have now gone down the other route instead

I have to draw up plans to either a 1/200 or a 1/500 scale drawings of the site been developed.



I also have another matter to discuss to do with a wood burner/ rocket mass heater thats used within the shed would i be best opening another post or using this one

I will be back to inform you all how i go on as it progresses through the procedure
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Re: shed built on boundary lines

Postby arborlad » Fri Dec 18, 2015 9:03 am

gadily wrote:im back to say a thankyou for all the input

ive collected the planning permission forms from the council as this is whats needed and not the lawful development certificate knowing that it will be refused, so have now gone down the other route instead

I have to draw up plans to either a 1/200 or a 1/500 scale drawings of the site been developed.



I also have another matter to discuss to do with a wood burner/ rocket mass heater thats used within the shed would i be best opening another post or using this one

I will be back to inform you all how i go on as it progresses through the procedure




............this one.
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: shed built on boundary lines

Postby jonahinoz » Sat Dec 19, 2015 9:51 am

Hi Gadily,

I suspect that by increasing the height of your shed, even by an inch, you have left yourself vunerable to implied planning constraints ...

1. Permitted Development within two metres of ANY boundary, requires that the structure is built from non-combustible materials. I think your shed is built from plywood?

2. Permitted Development does not include development in front of the building line.

The Council cannot demand that you cease using a building that has been in use for ten years, nor demolish a building that has been in place for four years.

I do not know, but somebody here will, if you have the right to return your shed to its original size and shape.

I do not know if the Council have the power to demand that you demolish what is left of your shed. If they don't, you could suggest that you will leave the "eye-sore" in place, unless they grant you PP to replace it with something less unpleasing ... like a concrete panel shed.

Did your original shed roof drain into your neighbours garden, and onto the highway? I know of several houses in South Wales, where the front gutters drain across the pavement, via shallow gulleys ... presumably with council knowledge, and at public expense. If your neighbour has been receiving your water for 35 years, I think it's too late for him to stop you now. Remove your gutters.

But hey, what do I know?

John W
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: shed built on boundary lines

Postby gadily » Wed Dec 23, 2015 8:25 pm

no john not made from plywood however engineered plywood is now an option nowadays used for proper beams on houses

the doors was chipboard used as a temporary situation until internal wall was set

A query here what would actually happen if i just returned it back to its original roof situation

as i know the build will fail already I suspect if we use planning the next door neighbour will refuse any type of plans that we put into the council.

as he only quotes the roof as being flat, something its never been in well over 30 years as the roof has always been sloped towards the next door neighbours garden, I have some photos that prove this to be correct.

im not saying the issue wont go away due to the complaint thats been put into the council planning, but what would actually happen if we quoted to the council that everything had been put back to how the roof had been before we started the roof build.
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Re: shed built on boundary lines

Postby gadily » Mon Jan 04, 2016 9:10 pm

an interesting development

next doors partner has split up and has brought up an interesting warning given to us

apparently its not the first time that the owner has caused issues with the neighbours and has done so with many properties that they have owned before selling them on.

I have been advised that any planning application that is submitted will be refused by the neighbour next door, as he will be quoting it was a flat roof build on the shed and its an eyesore with any other type of roof that is placed upon it.

im at a loss now on which way is the best normally i would just return it back to its original and seek planning on this build

https://www.dropbox.com/s/ebkli0zq2kixz ... 2.jpg?dl=0

but this time the guttering would be on top of the boundary wall so no boundary wall issues.

with knowledge of what it is now I know this build will be refused also

https://www.dropbox.com/s/1qxnmszwmputvbw/shed.png?dl=0

as he dosnt like the low apex roof as it stands now

https://www.dropbox.com/s/m14ln1sp5ie21 ... 5.jpg?dl=0

all the comments so far have been its been a flat roof and it looks like an eyesore, on top of that ive got cctv quotes from him saying its an a right eyesore from your house isnt it.

cctv has caught him using threatening behavior against myself, also caught him thieving from the garden but hasnt done it anymore since i openly put them on show or from anyone else either as they was hidden before .
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Re: shed built on boundary lines

Postby MacadamB53 » Mon Jan 04, 2016 9:31 pm

Hi gadily,

your neighbour doesn't make the decision on whether your retrospective planning application is approved or declined.

that would be the LPA in the first instance, and the Planning Inspectorate in the event of an appeal.

I am sure you probably already know all this, but given the content of your last posting I just thought it best to make you aware...

Kind regards, Mac
MacadamB53
 
Posts: 6034
Joined: Mon Dec 10, 2012 12:13 am

Re: shed built on boundary lines

Postby gadily » Thu Mar 03, 2016 4:16 pm

With many thanks for the info on this forum

We today have submitted plans for a change of roof via the planning department suggested upon these forums

finally sorted it out between 2 departments on what was needed.

If had rebuilt as same slope it would have been classified as just maintenance to the shed, but due to issues with the guttering and neighbor.

Submitted plans are for a change of slope to the roof so the water falls towards our property and collected via guttering on our side.

The one thing that was discussed was the box profile colour it was suggested that a dark colour be used instead of its white colour or light colour to the box profile roofing.

We know have to wait for the application to be excepted or failed about 6 to 8 weeks wait, but has been well discussed with the departments involved

gaz
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Re: shed built on boundary lines

Postby gadily » Tue Apr 05, 2016 2:35 pm

just an update to this post.

we have one complaint submitted to the council department of planning which we knew would happen

heres an edited copy of there submitted complaint

https://www.dropbox.com/s/icmnu4w5g1e6c5v/shed%201%20-%20Copy.JPG?dl=0

https://www.dropbox.com/s/ee6pxs1sr2pfdqf/shed2.JPG?dl=0

https://www.dropbox.com/s/akkej2a5guoj1dd/shed3.JPG?dl=0

https://www.dropbox.com/s/qt7oosiytbfiq2d/shed4.JPG?dl=0

the view of how the old shed used to look was found via google street view

https://www.dropbox.com/s/ruqchc4prewto1o/shed%20Copy.jpg?dl=0

1st picture


the green line is the next doors neighoors bounday wall that was sloping to clear the water away from the shed wall

ive built on top of this to straighten the wall for better water proofing of the shed wall

the black line is the proper level from front to back

as clearly illustrated a pitched roof and also a chimney installed within the roof

how it looks at the moment before new plans was submitted to the council planning department

https://www.dropbox.com/s/5q7coe25naso8t4/20151022_125235%20-%20Copy.jpg?dl=0

2nd picture

the green line is the next doors neighoors bounday wall

the black line is the proper level from front to back

the red line is the original roof slope of the building

the blue line would be the level line of the old pitched roof

It is at the end of any more complaints to be submitted to the council and has now progressed to the council reviewing the submitted building plans which is now a further 2 weeks to go
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Re: shed built on boundary lines

Postby gadily » Sat May 14, 2016 11:42 am

thankyou all for the information that was provided

heres the info from the council please remember this is a front built boundary wall shed

the plans that was submitted followed the road slope of the hill both heights are 2 metres high, water collection is now on our property the building is being matched up to previous builds

Statement of Relevant Policies:

UR3 The Local Impact of Development

D1 General Design Considerations

SPD08 Householder SPD

The National Planning Policy Framework: The National Planning Policy Framework is now a material planning consideration on any development proposal. The Framework highlights the fact that the purpose of the planning system is to contribute to the achievement of sustainable development and that there is a presumption in favour of sustainable development which can deliver:- i) Planning for prosperity (an economic role) - by ensuring that sufficient land of the right type and in the right places is available to allow growth and innovation; ii) Planning for people (a social role) - by promotion of strong, vibrant and healthy communities by providing an increase supply of housing to meet the needs of present and future generations and by creating a good quality built environment with accessible local services; iii) Planning for places (an environmental role) - by protecting and enhancing the natural, built and historic environment, adapting to climate change including moving to a low-carbon economy. As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay.

1. The building is harmful to visual amenity
See appraisal below

2. Part of the building (gutters) encroach onto third party land
This is a private civil issue and an informative will be used to alert the applicant to the need to ensure all of the development is within land in their ownership

3. Building has been in existence on the site for over 30 years
This is noted.

Consultation Responses:
None

Impact on Local Environment:
The existing outbuilding fronts onto address ****** and previously had a flat roof with a gentle slope towards the garden area of the property at *******. This application is made to revert the building back to a similar state to that which originally existed. The proposed plans show that the building will revert to a flat roof design with a slight increase in the height of the building to rear from 1.98 to 2.09 metres. The front part of the building will be decreased in height from 2.31 to 2.03 metres. It is considered that these changes will not lead to any significant impacts on the visual amenity of the street scene. It is clear the building has been present in the street for a number of years and overall, the changes will reduce the visual impact of the present dual pitched roof design with corrugated sheeting.


Impact on Neighbouring Occupants:
The building has some separation from the surrounding properties and will extend little more than 2 metres at its highest point. Given its modest scale and the modest increase in the height of the building, it is considered that it will not result in any significant impacts in terms of overshadowing or overbearing to the protect at adress ******.

Impact on Highway Safety:
No significant implications

Other issues:
It is noted that the existing plans do not reflect what is actually on the site given the changes that have taken place to the building recently (change to dual pitched roof). It is, however, considered that the plans give sufficient certainly to allow the granting of planning permission.

In addition, there is some suggestion the building could be operating as a business, however, this is a separate issue which does not form part of the consideration of this application.

Description: New roof to existing outbuilding

Recommendation: GRANT

Conditions or Reasons for Rejection:

1. Before development commences on site, arrangements shall be made with the Local Planning Authority for the inspection of all facing and roofing materials to be used in the development hereby permitted. The samples shall then be approved in writing by the Local Planning Authority and the development constructed in accordance with the approved details.

Reason: To ensure the use of appropriate materials in the interests of visual amenity and to accord with Policies UR3 and D1 of the Replacement Unitary Development Plan.
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Re: shed built on boundary lines

Postby gadily » Wed Jun 29, 2016 7:54 pm

as ive asked for consent from the council planning to drop the apex roof to a shell type of build and also to make the roof more safe.

i was given consent to do so the only thing thats needs to be done is the composite roof install this is the only thing thats needed for them to check is the correct material

heres how it looks at the moment before the roof is highered to the proposed submitted plans

https://www.dropbox.com/s/v5aje10o74srswe/20160619_195306.jpg?dl=0

https://www.dropbox.com/s/raxkam5rg38hsen/20160619_195319.jpg?dl=0
gadily
 
Posts: 20
Joined: Tue Dec 01, 2015 9:00 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 5 guests