Neighbours new extension

[littledrummergirl]

I'm really hoping that someone here will be able to advise me.

A family member lives next door to someone who has just built a wooden extension to the rear of their house which is in breach of planning. Both of the immediate neighbours have done this but one has a bigger impact. Neither contacted the planning department.

We contacted the planning department in June and other than requesting more information when we chased them we have heard nothing.
Aside from the visual impact, loss of privacy, views etc, they built along the boundary line with no discussion in advance.

Since these extensions have been built, our family members garden has started to grow moss instead of grass and has sunk as it's now lower than the path when previously it was level. It is also soggy for longer when it rains.

I have suggested that they need legal advice but they are worried that the neighbours will escalate their hostility- they have already told family member that "if you don't like it then move" (difficult when the house has been devalued). I'm going to help them chase the council again tomorrow and will escalate it to our MP if they don't seem to be taking it seriously. I will try again to persuade them to take legal advice.

In the meantime, is their anything that I have missed or anything else that we need to do to get this resolved?
I have attached a picture.

The only way anything will be done is if it’s in breach of planning. On the face of it, it might be. It seems oversized for the permitted development scheme . But if the construction is such that it’s considered a temporary structure then they will be permitted to have it there. It’s no different in that respect to the permanently parking a massive RV there or something which they would be permitted to do.

The talking is irrelevant, they could stand in their garden and do that. The standing on their roof - again, their house, if they want to stand on the roof they can. They would only be gone an issue if they did it frequently such that it constituted harassment.

But the reality is you’ve reported it. Once you’ve informed the council they decide what to do- if anything. Council planning departments are massively overstretched at the moment and funds in general are low. They may not bother to take enforcement action.

Having lived through something similar I massively sympathise but once you’ve reported it there’s not much more you can do apart from adjust your own property to change your immediate view as much as possible.

I’m struggling to load the picture but it looks like a shed from what I can see. That is unlikely to need planning and so its a perfectly legal structure

I can’t see much wrong with it apart from the fact that it doesn’t look very nice. At least they put guttering on it.

Regarding privacy, or lack of, if they hadn’t built this structure in their garden and both yourselves and them were outside sitting on the lawn, you’d still be able to hear each other, also see each other! Now, you won’t see each other and the sound will be lower because of the walls of their structure!

I think you should go to Citizens Advice Bureau before consulting a lawyer. It would clarify the situation without a huge bill. This stuff sucks the life out of you

Thank you for the helpful advice.
I hadn't thought of covenants but I know there were some when they first moved in. It was over 20 years ago though so I think they may have lapsed.
I guess we just need to wait for the council now, and have patience...

Maybe have a look at the garden law forum, they are pretty good at this sort of stuff.

We also have photos of them standing on the roof looking into our garden.

What? I struggle to see why, apart from maintenance and the original building they would be climbing up to look at you.

A trestle is hardly a great expense to cover a small guttering, which is all you can see.

To be fair, you all sound like you are being really picky, they may start to really make your families uncomfortable if you are pushing this unnecessarily

The overhanging guttering and downpipe has to be removed from being in your family member's space. No wonder your fence is rotting.

I can’t see much wrong with it apart from the fact that it doesn’t look very nice. At least they put guttering on it.

The guttering should be on CF's side of the boundary NOT OP's.

The guttering should be on CF's side of the boundary NOT OP's.

From the pic, it doesn’t look like it overhangs.

I have been involved in lots of planning and boundary disputes and Looking at your picture I think you’ll struggle to get any enforcement from planning, it’s clearly on their side, yes it’s large but it’s a wooden structure so classed as temporary so is unlikely to need planning consent, the fact it looks a mess is irrelevant, unless they are actually using it to house people as that’s not allowed but they won’t enforce the removal of the shed they’ll just enforce them not to use it for housing, otherwise it’s just a big shed, if you’re having issues with water then you might want to see where the down pipe go and ask them to divert it to a proper drain, the sound won’t be a consideration as it’s only the same as if they were in their garden, other than that put some trellis up or a hedge or move

I am a planner and if it exceeds more than 3/4 metres in depth depending on the type of house it needs permission. Alternatively if it is deeper they can apply via the prior approval route up to 6/8 metres depending on the house type. In terms of height between 3/4 metres depending on the location.

The materials used must match the existing elevations unless it is a conservatory.

If there is encroachment onto third party land then it is automatically not permitted development.

Those who mention ‘temporary buildings’ are incorrect and giving out false information. In planning terms regardless of the materials used it is a structure that may need planning permission.

OP chase the Planning Enforcement team at Council.

CrossFitter thank you.
That is my understanding from the reading I've been doing. The planning portal is very helpful on saying what you should do, the bit I'm struggling with is what to do if people don't follow the proper process.
Had there been some sort of discussion with family member first, a couple of minor adjustments could have prevented any issues. That boat has sailed. We just need to know what we do next.

If Council think they need planning permission or prior approval the neighbours will have to apply or Enforcement action could be taken I.e removal of the structure. If an application is submitted you will be consulted and will have chance to comment. The concerns you raised previously are relevant. However, no one has a right to view so don’t add that.

With Prior approval the Council has less control on what can be approved than if it needs full planning permission. You will know that from the Planning Portal. Look at the Technical Guidance document it is so useful.

Third party comments are always taking into consideration. I have worked as a Planner for Council’s for over 20 years and I am always asked should I comment? Is it worth it? I was even asked last week, yes it is it is vital if you are that concerned. It is very useful for a Planner to hear your thoughts as it helps our assessment. I don’t assess household applications anymore but larger schemes however, neighbour comments are always and are still key to me.

Furthermore, please do not think just because something is built the Council will not seek its removal if required. That is a massive mistake people make if they build something without looking into the rules and it can be expensive one for them too. I have seen it happen a lot over the years. I hope it helps. The Council should help you further.

Thank you.

@CrossFitter

I am a planner and if it exceeds more than 3/4 metres in depth depending on the type of house it needs permission. Alternatively if it is deeper they can apply via the prior approval route up to 6/8 metres depending on the house type. In terms of height between 3/4 metres depending on the location.

The materials used must match the existing elevations unless it is a conservatory.

If there is encroachment onto third party land then it is automatically not permitted development.

Those who mention ‘temporary buildings’ are incorrect and giving out false information. In planning terms regardless of the materials used it is a structure that may need planning permission.

OP chase the Planning Enforcement team at Council.

How big for the size and how deep would the foundations need to be to be considered a permanent structure for a basically garden shed please ?

How big for the size and how deep would the foundations need to be to be considered a permanent structure for a basically garden shed please ?

In general, any building that falls outside permitted development needs planning permission if it will be used for more than 28 days regardless of how it is constructed. In some circumstances planning permission may be required even if the building will be used for less than 28 days.

@prh47bridge

How big for the size and how deep would the foundations need to be to be considered a permanent structure for a basically garden shed please ?

In general, any building that falls outside permitted development needs planning permission if it will be used for more than 28 days regardless of how it is constructed. In some circumstances planning permission may be required even if the building will be used for less than 28 days.

Much appreciated thank you