Outbuilding height permitted development

[Hambo04]

After some advice on when the actual UK legislation for outbuildings not being allowed to be more than 2.5 meters in height came into effect, if it’s within 2 meters of a boundary fence.

Basically my builder started constructing my outbuilding in February 2016 last year and it was completed the following month of March 2016. He built it to 2.5 meters at the eves and then 3.5 meters to the highest point of what is a single pitched roof.

Then around October I received a letter from the council after a complaint was made that it contravenes the Town & Planning Act 2015 or 2016, can’t remember the exact year. Just wanted to know if it’s 2016 from what month did it come into effect and does it affect me?

If it does, can the council force me to bring the height of the outbuilding to 2.5 meters or is there some leeway with regards to height that “should” be granted with an application for planning permission?

Apologies for the wordy post.

Yes it applies to you. Basically what you did isn't permitted development as you thought.
You have 3 options, either reduce the height or move it away from the boundary so it becomes permitted development, secondly apply for planning permission for what's there, or do nothing and hope it is a trivial enough breach to not warrant actual enforcement (although you would still be in breach so might cause problems for selling the house)
Presumably the council know about it because someone complained, so they may be more inclined to do something about it if it's affecting people.

www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance

This provides pretty good guidance about permitted development rights. The GPDO was updated in some respects in 2016 but the rules about height of outbuildings weren't changed then as far as I am aware.

Basically - your building doesn't sound like it would comply with class e conditions in the GPDO so your options are exactly as johnd2 identified.

Ok things have moved on quite a bit last few days. The neighbours to the rear have agreed on various alterations to the outbuilding in reducing its height. Although have already alleged that my outbuilding somehow has caused damaged to their tree (which I think is a load of bull) and they want reassurances in the form of a letter that no further damage will be done by my builders when they work on my building and do rendering at the back from their garden.

Some of the branches from their tree will need pruning/cut back and for this I’m planning on getting a tree surgeon in to do this rather than my builder. I’m trying to cover myself because I wouldn’t it pass them that they later make a claim that I’ve somehow damaged their tree.

Is there such a thing as an independent adjudicator/witness who can make viewings before and after the work gets carried out? Or should that be the role of the council’s planning people to do? Or do I get my tree surgeon to take pictures or myself and go from there? Questions, questions, questions lol

Make sure the tree hasn't got a TPO on it (Tree Preservation Order) - that's the last thing you need!

The planning department won't get involved in monitoring work to the tree. It's a civil matter and they have no remit to do so.

They will be able to advise whether there is a TPO in place though - definitely worth confirming as you risk prosecution if you order works to a protected tree without consent.