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Help - an aviary has been built behind our boundary fence !

22 replies

ColdGlassofWine · 20/03/2015 16:49

I am really worried. After 14 years happily living in my house I have come home from work to find that the people who have just bought house directly behind us have erected an enormous structure that looks like it is an aviary about 10cms from our back fence. Our patio area where we sit in the summer is directly in front of this.
It's huge, about 10m x 4m and they have put an large shed and shelving around their garden. I'm worried as after a little research it could potentially be really noisy and it's looks awful. The birds haven't appeared yet - that's probably this weekends treat !!! We're a modern housing estate so the gardens are not that big.
Would they have needed planning permission for this ? I can't believe they can build it so close to our boundary wall. I'm gutted. Any advice greatly appreciated.

OP posts:
sanquhar · 20/03/2015 16:59

from the quick google i just did it seems it would depend on what the aviary is made of and size. made of wood and less than 70cubic mters then no PP needed as it's not considered to be a permanent structure.

made of brick it will need PP.

you could phone the council and see what they say.

PatrickStarisabadbellend · 20/03/2015 17:00

My nan had a huge Aviary in her garden and she didn't need any planning permission.

It's wasn't as noisy as you would think either.

FishWithABicycle · 20/03/2015 17:04

Well, you could kick up a fuss - I think that's too close. But it's perfectly legal for such a structure to be built 1m away from the boundary and it's not as if it's going to be any less noisy or intrusive if they move it 90cm further away, is it? (outbuildings are usually made in such a way that they are relatively easy to move). One issue that might be worth checking out is whether there is any fire hazard - the 1m rule is to prevent the spreading of fire between properties I think. But it wouldn't get you anywhere to have neighbours who are pissed off with you for making them spend extra to move their structure 90cm. Not very conducive to civil communication.

ThatBloodyWoman · 20/03/2015 17:06

I think it'll sound relaxing.
Do be on your guard for vermin though.

PatrickStarisabadbellend · 20/03/2015 17:08

You would hate me. I've got a 10 ft shed with rabbits and guinea pigs Grin
Right next to the neighbours fence too.

ThatBloodyWoman · 20/03/2015 17:14

It might be chooks.

GammonAndEgg · 20/03/2015 19:48

Sounds okay to me.

VivaLeBeaver · 20/03/2015 19:54

I've got a massive aviary and run right up to the boundary fence full of chickens. Don't need planning permission. Chickens aren't that noisy, bit of a squabble every now and then.

VivaLeBeaver · 20/03/2015 19:55

I've never heard of a 1m rule. Every shed ive ever had has been right to the boundary.

worridmum · 20/03/2015 23:58

its true aviarys unless about 70 cubic meters (sheds summer houses etc) all fall under this so most likely they wouldnt need planning permission

I have not heard about the 1 meter rule could it be borough based as different boroughs have different rules because every single house i have lived in all the sheds / garages etc where right on the boundry

ElsieMc · 22/03/2015 09:19

I think they could have spoken to you first so I could say you will not meet with a warm response if you complain.

A family member came home from holiday to find a large kennel constructed along her boundary and two rescue dogs were put in it who barked day and night. She let it as a holiday home and the neighbours disapproved of this as some holidaymakers were very noisy. Needless to say it destroyed her business.

Something that has not been mentioned is the smell. When I lived with my parents, our neighbours kept birds, chickens, ducks etc and in the summer they did stink and we kept our windows closed at night. There was also noise and not of the relaxing variety. I didn't mind that much because we lived in the countryside and there were always smells of some kind but once the huge rats arrived I have to say matters changed for my understanding parents.

Yoosurnaym · 22/03/2015 23:55

I'm suprised that this wouldn't bother so many posters. I would be worried.

Id phone the council,for advice but other than that I think you will just have to wsit and see what happens. It might be a few quiet birds that are no trouble at all.

ive a neighbour that keeps chickens and a goose (I think). The chickens are fine but the goose honks for ages in the mornings and wakes me up. It's not awfully loud but it goes on and on and on....

MadameJulienBaptiste · 23/03/2015 00:12

Are you sure it's an aviary? Dp has a large netted type structure on the allotment. keeps the peas etc free from greenfly and birds.

JillyR2015 · 24/03/2015 11:26

You may need to buy some very tall trees to cover it up visually.
If it smells or makes a noise you might need to think of ways to cover up the smell and drown out the noise.
Do you have cats who might eat the birds in the aviary?

AnnieMoor · 24/03/2015 22:49

In terms of the building regulations, this link may be helpful.

worridmum · 25/03/2015 17:19

an arivry would most likely fall under class 3 on that page as a building primairly designed to house animals... www.planningportal.gov.uk/permission/responsibilities/buildingregulations/approvalneeded/exemptions/classiii

ColdGlassofWine · 25/03/2015 18:46

Many thanks for all your replies. So far the sheds remain empty and no-one has moved in yet. I've just heard from a neighbour that apparently they are going to house rabbits ! Crikey , it's a rather enormous rabbit hutch - assume it will hold hundreds. Maybe it's better than birds as quieter but I guess could potentially attract vermin and smell ? Does anyone have experience of living next to thousands of rabbits ?!!!

OP posts:
Suddengeekgirl · 25/03/2015 18:51

If it's a modern housing estate check the covenants in the deeds.
Our house is 13yo and in the covenants say that you can have birds, or hooved animals and can not have more than 2 of any type of animal.

No idea if ir how it's enforced but it's there! Confused

TeWiSavesTheDay · 25/03/2015 18:57

Rabbits need vastly more space than most people give them in their hutches and runs so it might actually be just a few, hope that is reassuring!

I'd be tempted to get some screening plants if you think it's going to bother you though.

Feelingworriednow · 30/03/2015 10:21

I have a friend whose neighbours had a chicken run in a very small garden. It wasn't the smell or noise that were the trouble for her' but the flies! Now I dont know if this is usual for chickens but I suspect in a larger run or further away perhaps it wouldn't be so bad. The covenant on the estate said you couldn't have "livestock" but the council didn't give a monkeys and said she would have to privately sue them, which she couldn't afford.
Wouldn't like the sound of this TBH!

thornrose · 30/03/2015 10:27

My neighbour next door but one has just built a huge wooden shed in his garden. It's for his large snakes and other reptiles!

Haffdonga · 30/03/2015 10:34

Are you letting yourself get a bit worked up about this before you actually know there is a problem?

E.g. Why did you assume it was an aviary? Does it block your view or light in any way? Is it the animals/ birds you are concerned about or the structure? (Would you have minded if the neighbour had built a vast garage/ garden room to house his model aeroplanes, as mine did?)

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