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Legal matters

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Neighbour problem

52 replies

Devonishome1 · 27/06/2019 21:43

Our neighbour has built this building in the bottom of his garden, only a small garden. We didn’t want to look at that view from our garden as it doesn’t look very nice. The building now has a roof on. We put two 8 foot panels in so that we can’t see it. We can still see the roof but the fence hides the breeze blocks. The neighbour is now complaining that our fence is too high. It’s only 2 panels so that it hides the view from our garden. Our neighbour can’t understand why we had a problem with the original fence was about 6 foot high.

Neighbour problem
OP posts:
HiJenny35 · 28/06/2019 08:16

Yes they can make you take down the fence it's over permitted height however they can't make you take down trellis (even the thick stuff you can't see though) it addedto the top of a fence of permitted height. I know it's bizarre and makes no sense. What about a pent shed with the apex against his side. You can get long thin ones. The height of the point would mean you wouldn't be able to see it and they can't do anything about that.

Have you asked him if you can paint the top of it one colour as it looks such a mess?

JoMumsnet · 28/06/2019 10:05

Hi, we're moving this thread over to our Legal Matters topic at the OP's request.

Collaborate · 28/06/2019 11:35

I agree with the PP who said the LPA may not be bothered, and if they are, simply apply for retrospective permission. Bamboo also grows at an amazing rate, and some people quite like it.
My understanding is that trellis is counted as part of the fence, so they can make you take that down.

FazakerlyJackie · 28/06/2019 11:51

To add:
Bamboo can grow really high if you research which ones to buy. Some are clumping varieties and don't spread.

The advantage of bamboo is that it is a grass, and does not fall under any High Hedge legislation ( if you are thinking evergreen hedge).

Devonishome1 · 28/06/2019 14:26

Some great ideas here. Just by our fence we have a walled flower bed so that would make a pergola tricky but I do like the idea. Also consider bamboo and the other suggestions. I shall look into these ideas.

OP posts:
Devonishome1 · 28/06/2019 14:30

Here is a before and after photo.

Neighbour problem
Neighbour problem
OP posts:
Collaborate · 28/06/2019 14:57

That looks like a hell of an extension. Have you looked on the planning portal? That says, for a detached house, as follows

No more than half the area of land around the "original house"* would be covered by additions or other buildings.
No extension forward of the principal elevation or side elevation fronting a highway.
No extension to be higher than the highest part of the roof.
Single-storey rear extensions must not extend beyond the rear wall of the original house* by more than eight metres if a detached house; or more than six metres for any other house.
If the house is in Article 2(3) designated land* or a Site of Special Scientific Interest, this limit is reduced to four metres if a detached house; or three metres for any other house.
These limits are now permanent and subject to the neighbour consultation scheme. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
Maximum height of a single-storey rear extension of four metres.
Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres.
Maximum eaves height of an extension within two metres of the boundary of three metres.
Maximum eaves and ridge height of extension no higher than existing house.
Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
Two-storey extensions no closer than seven metres to rear boundary.
Roof pitch of extensions higher than one storey to match existing house.
Materials to be similar in appearance to the existing house.
No verandas, balconies or raised platforms.
Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
On Article 2(3) designated land* no permitted development for rear extensions of more than one storey.
On Article 2(3) designated land* no cladding of the exterior.
On Article 2(3) designated land* no side extensions.

  • The term "original house" means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.
cstaff · 28/06/2019 15:05

So he can build a poxy looking shed without your approval but you are not allowed to put up a fence to block his monstrosity and he thinks you are being unreasonable.

Tell him to fuck right off and that if you want to block his obnoxious looking piece of crap you are well within your rights.

NotMaryWhitehouse · 28/06/2019 15:10

It's of no help to you, but I'd have done exactly the same and I would be FURIOUS that he had been allowed to build such a monstrosity!

WhereDoesThisToiletGo · 28/06/2019 15:23

Before the relationship between the two of you breaks down completely, can you ask if you whitewash the breeze block wall?

Kyogre · 28/06/2019 15:31

.

FazakerlyJackie · 28/06/2019 16:19

Blimey! That's some size. How much of the garden is he covering, and are there other sheds etc there?

Are they small gardens?

Under permitted development, he can't cover more than half the area of the land around the original house ( as it was in 1948 if old enough) with additions or buildings.

Also, his eaves can't be more than ( I think) about 9 feet high so near to your boundary. Check out how high he is going.

What is he building, can you tell us?
( Hopefully, not a brick pergola) Grin

Also, are you in England... as the law will be different if you are Wales/Scotland/NI.?

Devonishome1 · 28/06/2019 16:22

It didn’t need planning as it was just below the legal limit. The planning inspector did come out because of complaints from neighbours but it was all still within the legal limits. This same neighbour has just tried to erect a fence up by our garage wall where our electricity and gas meters are. We wouldn’t be able to get access to the meters to read them. He said it’s ok you can take the panel out each time you need to read it. He was only stopped from doing this as he found a utility pipe where he was about to put up a concrete post.

OP posts:
Tingface · 28/06/2019 16:23

Is it just those two panels you’ve done? It does look a bit weird but his shitty building is a monstrosity!
I would make your fence into a pergola with a little seating area.

Devonishome1 · 28/06/2019 16:26

The building has now got a shed roof on. He wanted to build a slanted roof but that would have took him over 2.5 m. He keeps changing the reason for building it. We did wonder if he’s building it so that relatives can live in it. He says it’s going to be a store. He’s only been there a year and the things that he has done is just a complete bodge job.

OP posts:
DontCallMeShitley · 28/06/2019 16:51

Re: bamboo, it ALL spreads, even the non-invasive type.

Devonishome1 · 28/06/2019 16:52

Can you buy bamboo from most garden centres?

OP posts:
MarieG10 · 28/06/2019 16:59

Does he not require building regulations approval despite not requiring planning. It looks like it could fall down tomorrow?

Devonishome1 · 28/06/2019 17:02

The council came out and gave it the ok!😲

OP posts:
LIZS · 28/06/2019 19:08

But who from the council - Planning Enforcement is a different department to Building Control. It is possible to comply with one but not the other.

Devonishome1 · 28/06/2019 19:34

It’s a planning enforcement officer that came round.

OP posts:
NotMaryWhitehouse · 29/06/2019 08:37

Have they seen it from your garden? I can't imagine the planners thinking that was acceptable! Who go let the person who did come round to come round- you or him?

NotMaryWhitehouse · 29/06/2019 08:39

And actually, I agree with your hypothesis that he is planning on using that as some sort of 'dwelling'. For which he definitely would need planning permission.

Devonishome1 · 29/06/2019 13:40

We sent the enforcement officer the photos by email. By the time he came to visit our fence was up. The enforcement officer didn’t say anything about it. We will certainly be watching and if they do use it for living accommodation then we will contact the council.

OP posts:
MarieG10 · 02/07/2019 15:35

I'm no expert on this but a previous poster is right that you can comply with planning and not with building control. Suggest you check with building control as to what the position is. I find it hard to believe they could ok that quality of build. What I do know is that building control won't be concerned with aesthetics but will the substance of the build

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