Neighbours retrospective planning - very stressed!

[Lou197]

Our neighbours have eventually applied for retrospective planning for an outbuilding on our boundary (the council were about to start enforcement action). This outbuilding has totally ruined the enjoyment of our home and I am so stressed that it is going to get passed just for an easy life for the planners. We have objected being as honest as we can and advised the council what we would be happy with in terms of a compromise but the whole process is horrible, I can't sleep and can't think about anything else. There is prob about another 2 or 3 months until a decision is made - any words of wisdom to help me get a grip!

Have you read the planning policies? Have you managed to speak to a planning officer. Is the building entirely on their land? What difference does it make to you? Or enjoyment of the property? Have other people got similar buildings? I’m assuming it’s single story and not overlooking your garden bug how close is it to the house? Should there have been a party wall agreement.

No. The planning authority won’t pass it for an easy life. They must follow their own policies or they can be fined. You could also speak to your local councillor to see what they think. However it’s the planning policies that will matter but try not to worry too much.

Depends on what grounds you are objecting

"This outbuilding has totally ruined the enjoyment of our home"
How?

With all due respect, but why is it important ?

I think you need to be clearer, how has an outbuilding has such devastating consequences for you?

@Kingharoldshairstyle

I think you need to be clearer, how has an outbuilding has such devastating consequences for you?

That’s not great advice. It’s irrelevant to the planning team whether the noisy music and hot tub in there (or whatever) are stoping you enjoying your garden.

What is relevant is how the building contravenes planning policies (assuming that it does).

It was a question, not advice

Seek detailed info on the plans from someone who knows the rules but my personal bit of advice from experience is to go to every local council planning meeting where it is being discussed. We went to the one where our extension was being considered, a neighbour had objected to part of it and was also there. We had come to an agreement over the disputed bit separately but the parish council planning committee was farcical. Won’t go into detail but make sure you are there to stop them coming to their own conclusions about why/where/what someone was thinking etc without actually having the facts.

Announce yourself in the initial public forum part and say you will answer any questions etc.

If it’s a delegated decision it won’t go to a planning meeting. If there’s just one objection it might well be delegated.

It is policies that matter. However they are often designed to ensure neighbours don’t lose their light and enjoyment of their property. An outbuilding on a boundary doesn’t seem a huge issue but it might be against policy. We don’t know enough detail about the offending building. It might have been put up with no pp but it might not contravene any policies.

I think you should try and manage your stress and expectations as you are right that it is likely to be granted. Our neighbours applied for planning for an extension - we objected. At the meeting the chair of planning said that as it would be allowed on appeal he saw no reason to reject it. Fortunately his committee members disagreed and required changes to the plans before approving them. Unfortunately our neighbours ignored the required changes and built what they wanted anyway. We called the council who basically shrugged their shoulders and said did it really matter anyway and granted retrospective. And our neighbours now hate us for putting them to the expense and delay of a second set of plans that weren’t necessary - as demonstrated by the retrospective approval.

@MrsWobble3
You perhaps need to understand a bit more about the planning “process”.

The Chair presumably read the report from the Planning Officer that this application should not be refused. This would be because it met the policy requirements. The Members can overturn officer recommendations but, if they do, and they have acted unreasonably, they can be fined. In addition if the planning officers advise that the applicant will win at appeal, by objecting, the Members are putting the council at risk and would be paying large sums for Officers to defend the indefensible at the appeal. If an application will win in appeal it should be passed by the committee because exactly the same criteria are applied.,It’s misuse of public funds to refuse an application that meets the stated policies and criteria. That’s why they would not be bothered about the building. Going to appeal would be expensive and they would lose.

If the planning officers were actually looking at serving an enforcement notice, there is a good chance that the building is not acceptable in its current form. It may well be that some alterations may make it acceptable, rather than total removal.

Reasons for objection would be the impact of the building on your amenities due to its overpowering impact, visual dominance, loss of sunlight/daylight, loss of outlook, loss of privacy.
Also relevant would be harm to the character /appearance of the area due to poor design, being out of character etc

If you can tie those objections to relevant policies in the Development Plan that is good, but not totally necessary - it is the Planning Officers job to do that.

Contrary to what some say, you cannot turn up to planning meetings and respond to matters raised during the general discussion. You can go to the meeting (although not all applications go to a committee meeting), and sometimes you can register to speak - usually for a set time of 2-3 minutes- but that is it.
I assume you have already got your local Councillor involved? If not, do approach them as they can advocate on your behalf with the Officers.

The implication is it didn’t have planning permission.

Well yes - the Council are unlikely to be considering enforcement action otherwise.

But an enforcement notice has to specify the work required to make the situation acceptable. That can mean complete removal, or it could be some alteration such as lowering a roof, removing a window etc. Without knowing the full details of the case, it's impossible to say which remedy might be sought.

Well considering it and doing it are two different things. They are presumably open to negotiation. However the plans now submitted might be absolutely fine. It might not need altering.

Where I live outbuildings need pp. Lots of people think they don’t. I can think of three out holdings (garden buildings) that needed pp but it was never applied for. Others have got retrospective pp but no alterations needed. They wing it and get pp if rumbled.

Thanks so much for all your responses, the outbuilidng has three wood fired industrial ovens for summer entertainment (!!) - when they are in use we cannot use our garden at all due to all the smoke and noise. It is only 5 meters from our house. We have tried to speak to our neighbours many times but they do not want to make any changes. We have spoken to several councillors (who have come to see the building) and will speak alongside us at the parish planning meeting to recommend that it is not a delegated decision so will go to committee for a decision. Have managed to find some examples where similar buildings were refused at planning and appeal - not many though, don't think many people are as selfish as this lot!!! The building goes against many local and national policies and is also in a conservation area. We really hope that something can be done - fingers crossed

It's possible for them to agree to permission for the building but to ask for them to remove the ovens. This happened near me.

People are more aware now of the breathing difficulties caused by woodburning stoves and similar. And there can be a CO risk to the user too.

I'm in a conservation area too fwiw

I am hoping that will be the result, thanks very much

The fact they are applying retrospectively doesn't mean it will be granted.
You can also ask the environmental health team to investigate the level of smoke and noise pollution.

You can also ask a solicitor to review the titles to your property and theirs to see if they are breaching any covenants

You might also be able to take civil action against the nuisance.

I feel your pain. I think a lot of people behave very obnoxiously in their gardens these days

How tall are the chimneys - surely wood fired ovens need to have good chimneys - ie v tall so the smoke doesn't linger.
Try to find experts in this field to speak of possible problems.

Do they have storage for their wood - it's getting strict about the wood needing to be stored and aged, therefore dry. So less particulate emissions, v important.

Largest chimney 4.5 meters high and as they are less than a meter from the boundary, building needs planning permission.

Also needs permission as it is in a conservation area.

Try Environmental Health too, you may be fortunate to find an officer with an interest in air quality and pollutants.