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Original poster

Neighbours retrospective planning - very stressed!

59 replies

Lou197 · 23/03/2022 20:22

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!

OP posts:
Polyanthus2 · 26/03/2022 19:26

4.5m seems to be the minimum but it depends on roof/buildings
www.fireplace.co.uk/blog/Chimneys+and+Flues%3A+A+Guide+to+the+Building+Regulations/726

Bringonsummer19 · 26/03/2022 19:31

I hate selfish people like your neighbours, I can imagine the stress. Equally, 2-3 months is a long time to be this stressed and not sleeping. You can’t let this impact your health so severely.

vickyc90 · 26/03/2022 20:31

What are the wood burning ovens, if the building is something like a summer house and the pizza oven etc are portable they are unlikely to be included in the planning permission.

Ours is currently in storage but our neighbours tried to get the council involved but because it was marketed as portable (my husband says it's anything but) it was treat the same as a BBQ

Original poster
Lou197 · 26/03/2022 23:40

[quote Polyanthus2]4.5m seems to be the minimum but it depends on roof/buildings
www.fireplace.co.uk/blog/Chimneys+and+Flues%3A+A+Guide+to+the+Building+Regulations/726[/quote]
Thanks but that is on a house the rules are different for outbuildings next to the boundary. Maximum height without PP is 250 regardless of the structure within a meter of the boundary - I have done so much research on this now it is driving me mad!

OP posts:
Original poster
Lou197 · 26/03/2022 23:44

@vickyc90

What are the wood burning ovens, if the building is something like a summer house and the pizza oven etc are portable they are unlikely to be included in the planning permission.

Ours is currently in storage but our neighbours tried to get the council involved but because it was marketed as portable (my husband says it's anything but) it was treat the same as a BBQ

These are not portable they are industrial wood burning ovens like you would find in a restaurant, the smallest 3.5 meters and the tallest 4.5 meters - they cannot be moved. You have honestly not seen anything like it in a garden. I am sure you would not use yours near the boundary.
OP posts:
Hawkins001 · 27/03/2022 12:12

Any photos if possible please .?

KosherDill · 27/03/2022 13:35

What a nightmare, OP.

I hope you prevail.

LardyDee · 27/03/2022 13:51

A retrospective planning application has to be treated in the same way as any other application. They don't get an advantage because the building is a fait accompli.

www.gov.uk/guidance/ensuring-effective-enforcement#Retrospective-planning-application

(The fact the these guidance documents are now issued by something called the "Department for Levelling Up" does not really inspire confidence in our system of government though.)

Original poster
Lou197 · 29/03/2022 20:55

Update...
Just come back from the parish council meeting where we had to do a speech outlining our objection. All rejected and the application will now get 'called in' to the council planning committee if the planning officer does not reject it. The parish committee all said they had not seen anything so selfish etc. Will be able to sleep tonight!

OP posts:
forcedfun · 29/03/2022 21:05

I dont want to rain on your parade but the opinion of the Parish Council won't carry an awful amount of weight

Original poster
Lou197 · 29/03/2022 21:09

No I agree but at least now the full council committee have to decide rather than just one planning officer...

OP posts:
forcedfun · 29/03/2022 21:15

Totally. and I have huge sympathy for you and hope their decision goes your way!

Cabdiraxman · 01/04/2022 19:08

If the outbuilding is in the garden of a house, they can make changes to comply with Part 1, Class E of the General Permitted Development Order. Even if planning permission is refused, government guidance says that enforcement action should be taken where there is serious harm to amenity/design. The Council has desecration to take formal action. Alternatively, they can appeal against the refusal.

Original poster
Lou197 · 14/05/2022 17:07

Update - the environmental health officer has been to see the site and has 'serious concerns' about the development. He also said he reviewed the databases and had not found one case where a development of this kind had been approved in the country let alone the county. We are just waiting for his report but if anyone has any knowledge of how much weight will be put on environmental health in the process I would be very grateful. Many thanks!

OP posts:
LaLaLouella · 14/05/2022 17:16

Good luck! It sounds like a nightmare

Unsure33 · 14/05/2022 17:47

Do they have a large garden for entertaining? .

seems very excessive for entertaining friends . Sure they are not running a business ?

Seeline · 14/05/2022 17:52

The views of the EHO are a material consideration when determining a planning application. If they have concerns that can't be mitigated by way of conditions on a planning permission, then that should be given significant weight.

Cuck00soup · 14/05/2022 18:07

Good luck OP that does sound horrific

ZandathePanda · 14/05/2022 18:08

We had a local councillor that spoke at the call-in. Basically saying ‘if you allow this here it sets a precedent for the area’ so the monstrosity the neighbours wanted to build was stopped.
Can you talk to a local councillor or planner that’s going to be at the call-in? They will have detailed knowledge for the case. The meeting where yours is discussed will have other cases as well so you need someone to be on your case as it were.

ChiefWiggumsBoy · 14/05/2022 18:53

Good luck OP.

Wood burning is not allowed in my area at all, hope they get their arses handed to them the selfish buggers.

ChiefWiggumsBoy · 14/05/2022 18:53

Sorry I meant it's not allowed in my area so I think Environmental Health holds a lot of weight!

Pipsquiggle · 14/05/2022 19:25

Good luck OP. It sounds awful

Original poster
Lou197 · 14/05/2022 19:47

Thanks so much - yes our local councillor has been very supportive and has said he will speak at the full planning meeting on our behalf.

OP posts:
YorkshireDude · 14/05/2022 21:27

Planners don't rubber stamp applications for an easy life, so I don't think you need to worry about that. You've objected, which is your right. It's largely out of your hands now, so no use worrying. However, if they want to do a site visit make sure you're in if they want to check things from your perspective.

Seeline · 15/05/2022 09:57

Have you sent photos of the structure as part of your objection? If not, I would strongly recommend you do so. Take clear pictures from where you would be sitting in your garden, the view from downstairs and upstairs windows and anywhere else relevant to your particular circumstances. Clearly label each one as to what it is showing and then all councillors on the committee making the decision will be able to see.
I don't know if the planning officer has visited (some still aren't doing site visits due to covid) but photos would be very helpful to them as well.

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