Do enforcement actually enforce the planning rules on height of exempt buildings?

J

johnnyg

Registered User
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My sisters neighbours have erected a huge wooden shed approx 25 sq m in there back garden of there estate house, the problem is that following:
its 10.5 feet high with a felt roof
it also has a base wall of approx 3 feet as the garden slopes towards the house, so they put the shed on the highest point and have steps up to the shed door.
Planning states that the "shed" is exempt if its 25 sq m but it would need to be only 9 feet as it has a felt roof (if slate or tile it can be 12 feet), it is approx 13.5 feet high and is towering over the fence due to the slope, the partitions closer to the house are low compared to the height of the shed.
My sister was never informed by them what they were building and they have avoided her since this has gone up, was makes this worst is that she plans to put her house on the market within the next month but this shed is really a big negative, if the neighbours are standing at the shed door they can see directly into the my sisters garden and kitchen. As sheds go it has to be the ugliest built, they put in a pvc front door so looks like a bit of a "make and do" shed.
My sister was told that if she "objects" that they will tell the neighbour that it was them, so she wants to know if she does complain that something can be done or is she wasting her time and also causing alot of hassle with her neighbours? her neighbours are of the type that they are above everyone so you can guess what she is dealing with!!
Cheers
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

The shed is only exempt if its external finishes match the particular dwelling. The felt roof is allowed.

The height allowed is only 3.0 m (if it doesnt have a pitched roof). You said that its 3.2 m (10 1/2 ') high. Therefore its not exempt.
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

My sister was told that if she "objects" that they will tell the neighbour that it was them,
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Not true. You can make a complaint in confidence - your sister can make a written complaint to the enforcement section and in that complaint say that she does not want her name to be released to the neighbour. Council are then legally obliged not to release her name. They can give the neighbour details of the nature of the complaint, but not the identity of the complainer. Remember that the process your sister would be going through is reporting an offence to the enforcement section. It is NOT a reponse to a planning notice ("an objection").

However, the reality is that if only 1 complaint is received by the Council, the neighbours will probably guess who made it, though they could not prove this.
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

it has a pitched roof like a normal timber shed but on a way larger scale, in the planning guides it specifies that it has to tiled or slated to be exempt all other materials the height is 3.0 m.
But taking that into account where do they measure from to get the total height: tip of roof to the ground, which would include the block base.
More importantly, can planning get them to remove it or modify it, as i said it really is ugly
 
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Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

P.S. One way around this might be for your sister and you and a couple of friends/relatives all to object in confidence in seperate letters.

Then the neighbour would be told that 4 people objected, but the identity of the 4 would not be released - therefore could not single out your sister. Neighbour would probably assume that all the objectors are close neighbours.
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

good idea, but she really wants to know can something be done by them, has anyone come across this before and knows of enforcement acting on these breeches
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

to be honest, its unlikely that the structure will have to be taken down. Retention permissions for such a structure nearly always are granted.

What planning reason does your neighbour have to object? The fact it looks ugly is not a planning issue. Whether or not it will devalue her house is a subjective argument, and one not really taken on board by the planners. The fact that the neighbours can see into her garden when standing at the shed door is a planning issue, but one that can be easily solved by the erection of a 2.0 m high boundary, which can be done without permission.

What exactly does your sister want? does she want it removed?
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

the 2.0 meter boundary already exists between the houses but due to the slope towards the house, the boundary wall is stepped, they can see over the fence and directly into the garden, kitchen and her sunroom. they put the shed at the highest point at the back of the garden, from the road you can see the shed from the side and its roof is higher that there sunroom...
she would ideally want it reduced in size, it takes over the garden and is the first thing you see
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

to be honest, its unlikely that the structure will have to be taken down. Retention permissions for such a structure nearly always are granted.
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This really depends on the what is in the partcular councils development plan. If the size/type/usage of the building is outside what the development plan states is appropriate for a back garden, then they've no hope of getting permission, particularly if there are objections. You need to check with the council planning department as to what would be appropriate for a structure in a back garden.
 
Re: Do inforcement actually enforce the planning rules on height of exempt buildings?

OP - Can she plant some bushes/hedge to hide the shed, or put up some type of fence?
 
Thanks Sueellen,

Not sure yet what there plans are, i do know thta he has a power supply set up but I found this interesting:

"The council ruled that the cabin was out of character for the area, would depreciate the value of properties in the vicinity and would set an undesirable precedent."

On this basis alone it might be refused as it satisfies the above criteria, and esp if she is planning to sell.
 
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