Outbuilding by my border

Re: Outbuilding by my border

Postby pilman » Sun Nov 20, 2016 4:24 pm

A building that complies with Permitted Development height and area stipulations can be as ugly as sin, but still be lawful.

Forget about how it looks, the only recourse the local planning authority have is to issue an enforcement notice claiming a breach of planning control has occurred then order that the building be made to comply with PD rights as set out in the Town and Country Planning (General Permitted Development) (England) Order 2015.

That is when the maximum height of 2.5 metres when a building is within 2 metres of a boundary has to be complied with.

The idea that "if significant detrimental harm is caused to the amenity when the building is completed, then they might have to take it down." is not correct.

How this building looks is of no concern to the LPA because the GPDO as amended in 2015 is the Government's grant of planning permission despite what it look like.

Perhaps you need to read Part 1 Class E of the GPDO that can be found on this web-site to confirm that a building's appearance is never mentioned.
http://www.legislation.gov.uk/uksi/2015 ... ule/2/made
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Re: Outbuilding by my border

Postby Sky53 » Thu Nov 24, 2016 1:10 pm

Well, the planning enforcement officer wrote to my neighbours and the result seems to be them reducing the height of the outbuilding to nearly 3.5 metres. How is that compliant with regulations? Is there anything I can do? If that’s okay with the planning office do I stand any chance at all taking it to court? It’s an upsetting eyesore.
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Re: Outbuilding by my border

Postby pilman » Thu Nov 24, 2016 1:32 pm

The normal phrase used by the LPA when issuing an enforcement notice is shown below.
"It is expedient to issue this notice"

If the Enforcement Officer has decided that reducing the height of the building which was erected in breach of planning control is sufficient, then there is no legal obligation on the LPA to issue an enforcement notice to demand any further action. In your case it appears that it is not considered expedient to issue an enforcement notice.

There is no legal mechanism that would allow a neighbour to start court proceedings because the building is considered an eyesore.

If there was a claim that light to an existing window was being obscured that could be justification for legal action, but even then it is very difficult to prove that a right to light had been interfered with.

On the facts stated in this posting the best advice would be to stop stressing about this building because all that will do is cause a situation where your health may suffer.
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Re: Outbuilding by my border

Postby Sky53 » Thu Nov 24, 2016 1:48 pm

Thank you for taking the time to explain things to me. I would prefer the outbuilding to be removed but when I was led to believe that my neighbours would have to comply with the regulations I thought that was fair enough as 2.5 metres is only a couple of foot higher than my shed and hedge and I could grow the hedge to screen the outbuilding within a couple of years or so. I understand that I have no grounds because I think it’s an eyesore but I would have thought that the enforcement officer would expect compliance regarding the height.
Hopefully he makes a site visit soon.
Why might it be considered expedient not to issue an enforcement notice? Why is there discretion in applying the regulations?
Your advice about not stressing is sound but very difficult.
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Re: Outbuilding by my border

Postby pilman » Thu Nov 24, 2016 2:42 pm

Why might it be considered expedient not to issue an enforcement notice? Why is there discretion in applying the regulations?
The breach of planning control is a building that will be 3.5 metres high rather than one that ought to be 2.5 metres high because it is within 2 metres of a boundary.

In fact it is built on the boundary.

The question then is whether in planning terms that is a substantial breach that needs to be addressed.

How is the amenity of the neighbouring properties interfered with because of this extra 1 metre in height?

What is adjacent to the boundary fence where this shed has been erected?

Is it the last part of the neighbour's garden?

Other than the inconvenience of looking at this extra height on a building that is considered an eyesore, has there been a breach of planning control that has an impact on the locality, or is it just an inconvenience to a couple of neighbours.

Those would be matters to be considered by the LPA officer dealing with the matter.

If your objections were to be agreed with and the building was reduced in height to be 2.5 metres high, how would that improve your situation?

Is that enough to warrant the LPA from starting the enforcement procedure?
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Re: Outbuilding by my border

Postby arborlad » Thu Nov 24, 2016 3:59 pm

nothingtodowithme wrote:
If there was a claim that light to an existing window was being obscured that could be justification for legal action, but even then it is very difficult to prove that a right to light had been interfered with.


I cannot agree that it is difficult to prove a right to light has been injured.




Unless there is something we are unaware of, in these circumstances - you are not correct.
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smile...it confuses people
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Re: Outbuilding by my border

Postby ParallelLines » Thu Nov 24, 2016 4:01 pm

This 2.5m height is only the eaves height, perhaps the roof is dual pitched? I suppose if they have built a flat roof too high they could fit a false section to qualify as a dual pitch roof. Perhaps the planners have taken this possibility into account.

I know it can be a shock when this happens as it happened to me. With mine it was built on a section of garden a lot higher than mine so looked higher than it really was.

Perhaps it will become an uber modern design statement. Block can look cool in the right circumstances.
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Re: Outbuilding by my border

Postby Sky53 » Thu Nov 24, 2016 4:04 pm

The outbuilding is right up against the three borders at the end of my neighbour's garden. At the bottom of their garden there are the ends of three gardens as they belong to two houses on a sort of crescent (those gardens go down to a sort of triangle at the border with his garden) and the third is the same garden which is also the other side of the fence at the end of my garden and belongs to a bungalow in a cul-de-sac. So five adjacent houses. Light is not an issue.
You, Pilman, have given me much to consider and perhaps, although at the moment I am not convinced, maybe I am being unreasonable.
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Re: Outbuilding by my border

Postby ukmicky » Sat Nov 26, 2016 9:26 pm

Sky53 wrote:The outbuilding is right up against the three borders at the end of my neighbour's garden. At the bottom of their garden there are the ends of three gardens as they belong to two houses on a sort of crescent (those gardens go down to a sort of triangle at the border with his garden) and the third is the same garden which is also the other side of the fence at the end of my garden and belongs to a bungalow in a cul-de-sac. So five adjacent houses. Light is not an issue.
You, Pilman, have given me much to consider and perhaps, although at the moment I am not convinced, maybe I am being unreasonable.


The law is the law so you are not being unreasonable complaining about it.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Outbuilding by my border

Postby Sky53 » Sun Nov 27, 2016 8:45 am

Thank you for your comment. A site visit is planned for next week so we should hear if the building is going to be allowed or not. It seems that it is not a law as such as it’s not enforceable in law. I might have this wrong as it doesn’t seem right. Anyway, if it is allowed I’ll just have to grow my hedge to over ten foot and in the (few) years that it takes I’ll have to get used to it.
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Re: Outbuilding by my border

Postby Roblewis » Sun Nov 27, 2016 11:26 am

The general requirement is for no higher than 2.5m at the eaves without planning consent. in theory the LA could consent to a structure of 10s of metres high if they so chose. I know this is frustrating but as I have said many times previously elsewhere I am a great fan of bamboo hedges, they are evergreen and not subject, as they are a grass, to high hedge legislation.
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