DH’s little project needs pp, and we don’t have it…

[anicecuppateaa]

DH loves a project. He’s currently on a mission to transform our useless slopey garden to something more child friendly.

I asked him to check about pp and he said he did (clearly misunderstood as he thinks anything less than 2.4m is fine).

He is basically extending the terrace at the back (highest point of the slope) to make a bigger flat space to play. Neighbours on one side won’t be affected as there are trees/ bushes but the other side, our new wall will be near the top of their fence. His plan is to add a fence to the new wall…..

Having read threads on here last night I realise we need pp for raising the ground level anything over 0.3m (which this is).

What is the best course of action? Apply for pp now? The new sleeper wall is halfway done and filled with mud (and currently the garden is completely unsafe for dc….).

I’m obviously fuming with him for not checking properly before he started and rushing into yet another project which will now sit half done until this is resolved.

Yes, apply now! The form asks if any of the work has already begun. Also look into whether building regs are needed - this is separate from PP, and the planning officer won’t be able to tell you if approval is needed.

Yes, you should apply now.

You might get away with it if you are confident that your neighbours wouldn't object and that you definitely won't move in the next seven years but those are big 'ifs' and a long time to be sitting on pins. I wouldn't recommend it.

Yeah, your only option is to apply now. Check you won’t need building regs too; if it’s a sleeper wall…

Yes you’ll have to apply now and stop until you get permission. If you’re adding a fence on top of the wall though that will massively impact your neighbours so prepare for them to object and you may not get permission.

Our neighbours a few years ago did this, their decking was near the top of my fence. We complained to planning as I didn’t want to sit in my garden and see folk basically walking across the top of my fence. They hadn’t got permission and had to rip it all down.

Thank you. I am so cross with him!

@Rumplemunchkin that is completely fair and is my fear.

@WitchWithoutChips what is the thing about 7 years? Is pp granted after that amount of time? I would rather he stops and we do things properly and pray we can reach an acceptable solution with nextdoor.

Have you had a conversation with your neighbours about it? If not then try that first to see their thoughts on it. I would absolutely hate it and would object if I were your neighbour but maybe they won’t mind as much. Would the fence block their sunlight at all?

There is a seven-year rule in planning, which means that if more than seven years has passed since work was completed without pp an enforcement will not be issued and you won't be made to take it down. I really do not recommend this as a course of action. If there is any complaint within the seven-year period you can be made to take everything down. It also doesn't apply to building regs, which it sounds like you might need for a wall.

@Overthebow annoyingly he speaks to the other side a lot and they are fine with it. Potentially affected side are renting and we don’t know them apart from pleasantries. We knew the owners well before the lady died/ man is now in a care home. Will tell him to go round and speak to them.

It won’t block their sunlight, gardens are north facing. They have huge trees and bushes along most of the boundary (including ivy that has almost taken down the wall…) but nothing in the exact spot that is needed.

I would hate it too and kept saying to him to check pp/ speak to them. Believe me, I’m fuming at him!

Being completely thick, how do we do this? Apply for pp on council website (as we would an extension etc). How do you apply for building regs?

I don’t think DH will do this unless I give him the information on a plate.

As previous posters have said, you will need planning permission and sign-off by building control.

Also, has a structural engineer (? not sure of the right terminology) been involved to check that the supporting wall ( holding up the new flat bit of the garden) is built correctly? You say ‘sleeper wall’ - has it been built from railway sleepers?

If I was your neighbour, I’d want to know that it wasn’t going to collapse under the weight of all that soil, especially if we have another wet winter and the soil gets waterlogged. Does it have any drainage built in?

@WitchWithoutChips the rule in planning is 10 years. There was until very recently a 4 year rule too, but everything is now 10. Not sure where you got 7.

OP - you would need to be able to prove that the work was carried out 10 years previously, and then apply for a Certificate of Lawfulness to exempt it from enforcement action. That would make selling easier.
However, if you don't get PP at this stage, if complaints were made, the Council could take enforcement action at any point in the next 10 years.

@EllieQ no idea, I assume not. I’ve left him to it to be honest. The wall up there was made from sleepers before. I would much rather a ‘proper’ wall.

Yes you apply in the same way as you would for an extension.
You will need some form of drawing/plan which you can probably do yourselves.

I would speak to building regs - you might be able to use the building notice procedure where they just come and inspect each stage rather than needing a full application.

Thanks so much @Seeline . A job for later on today.

Apologies - it's seven years in Ireland. I got my jurisdictions mixed up. Sorry OP.

I wouldn’t let my kids play on it unless it’s done properly with drainage and signed off. It could be very dangerous if it collapsed whilst they were on it, and with no drainage or could get waterlogged easily and collapse after a period of bad weather. Your DH should stop, get all the right permissions, and get someone in to properly do this.

I’ve given him the (bad) news. Thanks for all the advice.

How high is the wall ?

Why not bring forward the earth from top point to even up and make horizontal the mid section thus lowering the highest point (or) redistribute on three levels?

The 30cm is measured from the highest point on sloped land. Do you need planning?

Still talk to neighbours though because it sounds unpleasant. Don't be the neighbour from hell.

Ah @Rollercoaster1920 well that may change things. It is not higher than the highest point (at the back). He is basically extending forward the height of the highest raised level, and the wall at the bottom (of the lowest raised level) will be pushed back too to make space for a bigger patio. Does that mean no pp is needed? The extended raised level will still be significantly higher than nn’s garden at the front of it (the middle of the garden).

Even if that’s the case I’ve insisted he stop and think. I feel really uncomfortable and hate being those neighbours (I like to think I am very neighbourly…!). I’ve told him to talk to neighbours, talk to a structural engineer, check about pp and building regs. It’s his project so he needs to take responsibility for this stuff (although I will spend tonight researching).

@Whataretalkingabout good idea. Some of that will happen to even it off more, but its a serious slope so too much of that and we’ll have a big hole at the back/ sides!

If it's a significant change in levels, it might be considered as engineering works which would also require PP. How high is the retaining wall?

It's the highest level of land adjacent to the building/structure. So if the terrace is projecting outwards as the land beneath falls away, the measurement would be taken at the furthest extent of the terrace down to the highest level of land at that point.
As the OP states that a retaining wall is required, it would seem to be a significant drop ie more than 30 cm.