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Neighbours decking?
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Steph
Mar 5, 2016, 4:38:48 AM3/5/16
to
Our next door neighbour built a large summer house, probably requiring
planning due to size and raised decking of around one metre which
definitely requires planning over 300mm. This was all done in 2012, our
bedrooms are overlooked as the gardens slope up and away from the houses
and his decking is at the top.
Not wishing to upset the neighbour at the time we did not raise the
issue. Since we have suffered all night parties on numerous occasions,
witnessed cannabis use and drunken behaviour etc. I have spoken to them
re the noise and we no longer speak.
The house is now on the market. Whats the possibility of getting the
decking removed now if we were to approach our local council? What
issues is he likely to face re his lack of planning and conveyance? His
decking is and summer house is pictured in the sale but the deckings not
mentioned.
Any thoughts?
TIA.
planning due to size and raised decking of around one metre which
definitely requires planning over 300mm. This was all done in 2012, our
bedrooms are overlooked as the gardens slope up and away from the houses
and his decking is at the top.
Not wishing to upset the neighbour at the time we did not raise the
issue. Since we have suffered all night parties on numerous occasions,
witnessed cannabis use and drunken behaviour etc. I have spoken to them
re the noise and we no longer speak.
The house is now on the market. Whats the possibility of getting the
decking removed now if we were to approach our local council? What
issues is he likely to face re his lack of planning and conveyance? His
decking is and summer house is pictured in the sale but the deckings not
mentioned.
Any thoughts?
TIA.
Mark Goodge
Mar 5, 2016, 5:08:30 AM3/5/16
to
On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> put finger to
keyboard and typed:
The planning enforcement department would probably be interested. They can
reqire him to remove it, or apply for retrospective planning permission
(which can, of course, be refused). If he doesn't have planing permission,
or a certificate of lawful development, then it may cause problems with the
sale anyway - it's the sort of thing that the buyer's solicitor is likely
to flag up.
Mark
--
Insert random witticism here
http://www.markgoodge.com
keyboard and typed:
reqire him to remove it, or apply for retrospective planning permission
(which can, of course, be refused). If he doesn't have planing permission,
or a certificate of lawful development, then it may cause problems with the
sale anyway - it's the sort of thing that the buyer's solicitor is likely
to flag up.
Mark
--
Insert random witticism here
http://www.markgoodge.com
steve robinson
Mar 5, 2016, 9:20:46 AM3/5/16
to
scope of planning.
Summer houses are a it of a grey area where planning is concerned, it
depends how permanent the structure is different local authorities
deal with them in different ways.
Decking's another issue, if the gardens got a steep slope , it may
well be 300mm in one area another it could be far higher. The
dimensions are taken from within his boundaries not yours.
Mark Goodge
Mar 5, 2016, 9:50:42 AM3/5/16
to
On Sat, 05 Mar 2016 14:26:21 +0000, August West <aug...@kororaa.com> put
>it's either getting very close, or has already passed. (s.171b Town and
>Country Planning Act 1990).
All the more reason for the OP to get in touch with the planning department
as soon as possible.
finger to keyboard and typed:
>
>
>The entity calling itself steve robinson wrote:
>>
>> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> wrote:
>>
>>>Our next door neighbour built a large summer house, probably requiring
>>>planning due to size and raised decking of around one metre which
>>>definitely requires planning over 300mm. This was all done in 2012, our
>>>bedrooms are overlooked as the gardens slope up and away from the houses
>>>and his decking is at the top.
>>
>>
>> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> wrote:
>>
>>>Our next door neighbour built a large summer house, probably requiring
>>>planning due to size and raised decking of around one metre which
>>>definitely requires planning over 300mm. This was all done in 2012, our
>>>bedrooms are overlooked as the gardens slope up and away from the houses
>>>and his decking is at the top.
>>
>> Given the length of time its possible that its now gone beyond the
>> scope of planning.
>
>Four years from sompletion is the time linit for enforcement, so yes,
>> scope of planning.
>
>it's either getting very close, or has already passed. (s.171b Town and
>Country Planning Act 1990).
All the more reason for the OP to get in touch with the planning department
as soon as possible.
steve robinson
Mar 5, 2016, 11:14:22 AM3/5/16
to
complaining its unlikely the planners will want to wade in now.
A summer house can be 15 square meters and requires no permission
whatsoever, you can go up to 30 meters without planning although you
may need building regs , even then if the property has no sleeping
area its often just a rubber stamping exercise .
15 square meters is a reasonable big area , your average garden shed
will be around 5 square meters .
Raised decking means its all substantially above ground level on which
its constructed, requiring stepped access or is entered from an
elevated position. , if the ground has substantial slopes the decking
even if raised in part may not contravene planning if it doesn't
require steps to access it or is not reached via an elevated position.
All measurements are taken from the property in which its constructed
not neighboring properties who's levels may be considerably
different..
Where my youngest lives her garden fence is 1 meter high, its 4.00
meters high on the neighbours side.
Mark Goodge
Mar 5, 2016, 1:41:04 PM3/5/16
to
On Sat, 05 Mar 2016 16:13:58 +0000, steve robinson
<st...@colevalleyinteriors.co.uk> put finger to keyboard and typed:
>On Sat, 05 Mar 2016 14:43:26 +0000, Mark Goodge
><use...@listmail.good-stuff.co.uk> wrote:
>
>>On Sat, 05 Mar 2016 14:26:21 +0000, August West <aug...@kororaa.com> put
>>finger to keyboard and typed:
>>
>>>
>>>The entity calling itself steve robinson wrote:
>>>>
>>>> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> wrote:
>>>>
>>>>>Our next door neighbour built a large summer house, probably requiring
>>>>>planning due to size and raised decking of around one metre which
>>>>>definitely requires planning over 300mm. This was all done in 2012, our
>>>>>bedrooms are overlooked as the gardens slope up and away from the houses
>>>>>and his decking is at the top.
>>>>
>>>> Given the length of time its possible that its now gone beyond the
>>>> scope of planning.
>>>
>>>Four years from sompletion is the time linit for enforcement, so yes,
>>>it's either getting very close, or has already passed. (s.171b Town and
>>>Country Planning Act 1990).
>>
>>All the more reason for the OP to get in touch with the planning department
>>as soon as possible.
>>
>>Mark
>
>Given the length of time that the neighbour hadn't bothered
>complaining its unlikely the planners will want to wade in now.
The fact that someone has left it a while to complain has absolutely
nothing to do with it. So long as it's within the time limit for
enforcement, it will be treated in exactly the same way as any other case.
<st...@colevalleyinteriors.co.uk> put finger to keyboard and typed:
>On Sat, 05 Mar 2016 14:43:26 +0000, Mark Goodge
><use...@listmail.good-stuff.co.uk> wrote:
>
>>On Sat, 05 Mar 2016 14:26:21 +0000, August West <aug...@kororaa.com> put
>>finger to keyboard and typed:
>>
>>>
>>>The entity calling itself steve robinson wrote:
>>>>
>>>> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> wrote:
>>>>
>>>>>Our next door neighbour built a large summer house, probably requiring
>>>>>planning due to size and raised decking of around one metre which
>>>>>definitely requires planning over 300mm. This was all done in 2012, our
>>>>>bedrooms are overlooked as the gardens slope up and away from the houses
>>>>>and his decking is at the top.
>>>>
>>>> Given the length of time its possible that its now gone beyond the
>>>> scope of planning.
>>>
>>>Four years from sompletion is the time linit for enforcement, so yes,
>>>it's either getting very close, or has already passed. (s.171b Town and
>>>Country Planning Act 1990).
>>
>>All the more reason for the OP to get in touch with the planning department
>>as soon as possible.
>>
>>Mark
>
>Given the length of time that the neighbour hadn't bothered
>complaining its unlikely the planners will want to wade in now.
nothing to do with it. So long as it's within the time limit for
enforcement, it will be treated in exactly the same way as any other case.
spuorg...@gowanhill.com
Mar 5, 2016, 2:08:32 PM3/5/16
to
On Saturday, 5 March 2016 09:38:48 UTC, Steph wrote:
> Not wishing to upset the neighbour at the time we did not raise the
> issue. Since we have suffered all night parties on numerous occasions,
> witnessed cannabis use and drunken behaviour etc. I have spoken to them
> re the noise and we no longer speak.
> The house is now on the market.
But if complaints are made about the decking (or a neighbour dispute is declared) that may delay the sale. You might be better to let the sale go ahead, then see if the new neighbours are better behaved, and raise the issues legally if they're not.
> Not wishing to upset the neighbour at the time we did not raise the
> issue. Since we have suffered all night parties on numerous occasions,
> witnessed cannabis use and drunken behaviour etc. I have spoken to them
> re the noise and we no longer speak.
> The house is now on the market.
Owain
A.Lee
Mar 5, 2016, 5:24:55 PM3/5/16
to
Mark Goodge wrote:
> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> put finger to
> keyboard and typed:
>
>>Our next door neighbour built a large summer house, probably requiring
>>planning due to size and raised decking of around one metre which
>>definitely requires planning over 300mm. This was all done in 2012....
> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> put finger to
> keyboard and typed:
>
>>Our next door neighbour built a large summer house, probably requiring
>>planning due to size and raised decking of around one metre which
>>The house is now on the market. Whats the possibility of getting the
>>decking removed now if we were to approach our local council? What
>>issues is he likely to face re his lack of planning and conveyance? His
>>decking is and summer house is pictured in the sale but the deckings not
>>mentioned.
>
> The planning enforcement department would probably be interested. They can
> reqire him to remove it, or apply for retrospective planning permission
> (which can, of course, be refused). If he doesn't have planing permission,
> or a certificate of lawful development, then it may cause problems with the
> sale anyway - it's the sort of thing that the buyer's solicitor is likely
> to flag up.
Having a Planning Enforcement Officer in the family, he tells us that
>>decking removed now if we were to approach our local council? What
>>issues is he likely to face re his lack of planning and conveyance? His
>>decking is and summer house is pictured in the sale but the deckings not
>>mentioned.
>
> The planning enforcement department would probably be interested. They can
> reqire him to remove it, or apply for retrospective planning permission
> (which can, of course, be refused). If he doesn't have planing permission,
> or a certificate of lawful development, then it may cause problems with the
> sale anyway - it's the sort of thing that the buyer's solicitor is likely
> to flag up.
such things are very rarely followed up, except beyond an initial
letter.
The Depts' do not have enough Staff/time/money to pursue minor
Planning/Building infringements. They are more bothered about houses
being built without permission, or shops being turned into houses etc,
as the 'catch' is bigger, and easily proven that the Owner is doing
wrong.
For something such as decking in a garden, the Owner may well claim it
has been there 20+ years, and only recently has it been renovated to
make it better. Without proof to the contrary, the Council cannot do
anything, and just havent got the rescourses to take the matter further
to get the required proof to enforce removal.
--
Alan
To reply by mail, change '+' to 'plus'
Steph
Mar 5, 2016, 5:25:21 PM3/5/16
to
Janet
Mar 5, 2016, 5:27:00 PM3/5/16
to
In article <eobldbpfoms4u9dph...@news.markshouse.net>,
use...@listmail.good-stuff.co.uk says...
"conveyance".
prospective buyers as a current unresolved dispute from neighbours. The
prospect of hassle and "awkward neighbours" may deter some buyers who
want a quiet life.
You might want to consider whether deterring buyers, hindrance to his
property sale, or delaying the departure of neighbours you have fallen
out with, is really what you want to achieve :-)
It's March. Unless they party all winter, retrospective accusations
of long-past "noise, drunken behaviour and cannabis use" are impossible
to prove now .If you do decide to make a complaint about planning permit
I suggest you restrict it to planning/building control issues such as
structure size and height.
Janet
use...@listmail.good-stuff.co.uk says...
>
> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> put finger to
> keyboard and typed:
>
> >Our next door neighbour built a large summer house, probably requiring
> >planning due to size and raised decking of around one metre which
> >definitely requires planning over 300mm. This was all done in 2012, our
> >bedrooms are overlooked as the gardens slope up and away from the houses
> >and his decking is at the top.
> >
> >Not wishing to upset the neighbour at the time we did not raise the
> >issue. Since we have suffered all night parties on numerous occasions,
> >witnessed cannabis use and drunken behaviour etc. I have spoken to them
> >re the noise and we no longer speak.
> >
> >The house is now on the market. Whats the possibility of getting the
> >decking removed now if we were to approach our local council? What
> >issues is he likely to face re his lack of planning and conveyance?
I can't see what "lack of conveyance" you mesn. Getting PP is not
> On Sat, 5 Mar 2016 08:32:20 +0000, Steph <s...@invalid.com> put finger to
> keyboard and typed:
>
> >Our next door neighbour built a large summer house, probably requiring
> >planning due to size and raised decking of around one metre which
> >definitely requires planning over 300mm. This was all done in 2012, our
> >bedrooms are overlooked as the gardens slope up and away from the houses
> >and his decking is at the top.
> >
> >Not wishing to upset the neighbour at the time we did not raise the
> >issue. Since we have suffered all night parties on numerous occasions,
> >witnessed cannabis use and drunken behaviour etc. I have spoken to them
> >re the noise and we no longer speak.
> >
> >The house is now on the market. Whats the possibility of getting the
> >decking removed now if we were to approach our local council? What
> >issues is he likely to face re his lack of planning and conveyance?
"conveyance".
His
> >decking is and summer house is pictured in the sale but the deckings not
> >mentioned.
>
> The planning enforcement department would probably be interested. They can
> reqire him to remove it, or apply for retrospective planning permission
> (which can, of course, be refused). If he doesn't have planing permission,
> or a certificate of lawful development, then it may cause problems with the
> sale anyway - it's the sort of thing that the buyer's solicitor is likely
> to flag up.
Even a late contest of the planning permit, will be flagged up to
> >decking is and summer house is pictured in the sale but the deckings not
> >mentioned.
>
> The planning enforcement department would probably be interested. They can
> reqire him to remove it, or apply for retrospective planning permission
> (which can, of course, be refused). If he doesn't have planing permission,
> or a certificate of lawful development, then it may cause problems with the
> sale anyway - it's the sort of thing that the buyer's solicitor is likely
> to flag up.
prospective buyers as a current unresolved dispute from neighbours. The
prospect of hassle and "awkward neighbours" may deter some buyers who
want a quiet life.
You might want to consider whether deterring buyers, hindrance to his
property sale, or delaying the departure of neighbours you have fallen
out with, is really what you want to achieve :-)
It's March. Unless they party all winter, retrospective accusations
of long-past "noise, drunken behaviour and cannabis use" are impossible
to prove now .If you do decide to make a complaint about planning permit
I suggest you restrict it to planning/building control issues such as
structure size and height.
Janet
A.Lee
Mar 5, 2016, 5:27:33 PM3/5/16
to
Steph wrote:
snipped for brevity:
locally, he says almost no chance at all. After 4 years they cant do
much, and it is on the minor scale of planning misdemeanours.
To do anything, it should have been reported immediately.
> What issues is he likely to face re his lack of planning and conveyance?
He'll have to buy an Indemnity policy for Ł100 or so to cover any
subsequent claims.
snipped for brevity:
> Our next door neighbour built a large summer house, probably requiring
> planning This was all done in 2012
>
> The house is now on the market. Whats the possibility of getting the
> decking removed now if we were to approach our local council?
Having just spoken to our family member who is the Enforcement Offier
> The house is now on the market. Whats the possibility of getting the
> decking removed now if we were to approach our local council?
locally, he says almost no chance at all. After 4 years they cant do
much, and it is on the minor scale of planning misdemeanours.
To do anything, it should have been reported immediately.
> What issues is he likely to face re his lack of planning and conveyance?
subsequent claims.
Roger Hayter
Mar 6, 2016, 3:05:08 AM3/6/16
to
On Sat, 05 Mar 2016 16:43:11 +0000, Steph wrote:
> view from our bedroom window
>
> https://dl.dropboxusercontent.com/u/54841427/pic1%20-%20Copy.JPG
It appears from the photo that it is your bedroom that overlooks his
> view from our bedroom window
>
> https://dl.dropboxusercontent.com/u/54841427/pic1%20-%20Copy.JPG
deck, rather than the reverse.
Andy Burns
Mar 6, 2016, 3:05:26 AM3/6/16
to
Steph wrote:
> view from our bedroom window
> https://dl.dropboxusercontent.com/u/54841427/pic1%20-%20Copy.JPG
I know photos can be deceptive, but the decking in front of their
> view from our bedroom window
> https://dl.dropboxusercontent.com/u/54841427/pic1%20-%20Copy.JPG
summer-house looks to be a similar height to the ground in front of your
shed. Assuming similar house heights, presumably this means the amount
of "overlooking" is similar between your garden and their bedroom?
I realise the planning regs apply to decking >300mm above natural ground
level and don't apply to ground level itself, but I don't think I'd risk
a complaint turning an annoyance into a feud.
Roland Perry
Mar 6, 2016, 3:43:46 AM3/6/16
to
In message <nbg067$rbj$1...@dont-email.me>, at 01:12:39 on Sun, 6 Mar 2016,
Roger Hayter <m...@privacy.net> remarked:
>> view from our bedroom window
>>
>> https://dl.dropboxusercontent.com/u/54841427/pic1%20-%20Copy.JPG
>
>It appears from the photo that it is your bedroom that overlooks his
>deck, rather than the reverse.
Yes, and I overlook my neighbour's patio (and he mine) much more
significantly than that.
From a planning point of view, I'd hazard a guess that the main
infringement might be having built the shed too close to the boundary
with the red brick side wall (and possibly to the hedge and the OP's
shed).
--
Roland Perry
Roger Hayter <m...@privacy.net> remarked:
>> view from our bedroom window
>>
>> https://dl.dropboxusercontent.com/u/54841427/pic1%20-%20Copy.JPG
>
>It appears from the photo that it is your bedroom that overlooks his
>deck, rather than the reverse.
significantly than that.
From a planning point of view, I'd hazard a guess that the main
infringement might be having built the shed too close to the boundary
with the red brick side wall (and possibly to the hedge and the OP's
shed).
--
Roland Perry
steve robinson
Mar 6, 2016, 1:22:29 PM3/6/16
to
On Sat, 05 Mar 2016 18:40:47 +0000, Mark Goodge
No it won't they are not bothered by small infringements on rather
minor issues, they neither have the time or money to run around
chasing then following up such complaints, they rather go after the
bigger fish.
Complaints about sheds and decks are notoriously difficult to resolve
unless made whilst they are under construction.
Its one persons word against another's, the op may well have noticed
it in 2012, the neighbour of course will swear its been up far longer
.
minor issues, they neither have the time or money to run around
chasing then following up such complaints, they rather go after the
bigger fish.
Complaints about sheds and decks are notoriously difficult to resolve
unless made whilst they are under construction.
Its one persons word against another's, the op may well have noticed
it in 2012, the neighbour of course will swear its been up far longer
.
Tim Watts
Mar 6, 2016, 7:42:31 PM3/6/16
to
recall if the limit of 4 years, 5 years or 7 - so the OP should take
action now if he wants any chance.
Two things to consider - is the summer house likely to be in the realms
of permitted development?
and
When did the law change regard height of decking - I thought it was
after 2012?
Tim Watts
Mar 6, 2016, 7:52:58 PM3/6/16
to
I also cannot think of many garden buildings that need BR given that
even a conservatory is exempt.
RobertL
Mar 7, 2016, 5:10:39 AM3/7/16
to
Robert
steve robinson
Mar 7, 2016, 3:33:59 PM3/7/16
to
On Mon, 7 Mar 2016 00:52:28 +0000, Tim Watts <tw_u...@dionic.net>
wrote:
If it has sleeping facilities then you will need BR
wrote:
Tim Watts
Mar 7, 2016, 5:55:02 PM3/7/16
to
On 07/03/16 20:32, steve robinson wrote:
>> I also cannot think of many garden buildings that need BR given that
>> even a conservatory is exempt.
>
> If it has sleeping facilities then you will need BR
I guess - but it's not terribly common (at least not officially).
>> I also cannot think of many garden buildings that need BR given that
>> even a conservatory is exempt.
>
> If it has sleeping facilities then you will need BR
RobertL
Mar 8, 2016, 4:58:07 AM3/8/16
to
On Monday, March 7, 2016 at 8:33:59 PM UTC, steve robinson wrote:
> >I also cannot think of many garden buildings that need BR given that
> >even a conservatory is exempt.
>
> If it has sleeping facilities then you will need BR
... provided it is less than 15 sq metres then if it has no sleeping accom you don't need BR.
> >I also cannot think of many garden buildings that need BR given that
> >even a conservatory is exempt.
>
> If it has sleeping facilities then you will need BR
But if it is between 15 and 30 sq metres it must also be 1m from the boundary or built of fire-proof marterials, as well as having no sleeping accommodation.
http://www.planningportal.gov.uk/buildingregulations/
Andy Burns
Mar 8, 2016, 6:50:29 AM3/8/16
to
Tim Watts wrote:
> steve robinson wrote:
>
>> If it has sleeping facilities then you will need BR
>
> I guess - but it's not terribly common (at least not officially).
Well, it does have a letterbox ...
> steve robinson wrote:
>
>> If it has sleeping facilities then you will need BR
>
> I guess - but it's not terribly common (at least not officially).
Tim Watts
Mar 8, 2016, 8:18:50 AM3/8/16
to
On a related note, every time you see a garage converted to a "man cave"
in London, or some bedsit with the shower next to the hotplate on the
fridge advertised for 800/month - you wonder how BR does not have a fit,
even retrospectively.
Vir Campestris
Mar 15, 2016, 2:47:03 AM3/15/16
to
On 07/03/2016 10:10, RobertL wrote:
> It seems to me that getting a new neighbour is more important than getting the decking removed. I would do nothing that might screw up the sale of the house.
+1.
> It seems to me that getting a new neighbour is more important than getting the decking removed. I would do nothing that might screw up the sale of the house.
It also sounds as if you don't want to P*** off the current owner. He
might be vindictive.
Andy
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