What is the legal definition of temporary structure / shed
steve@ic24
aircraft in. He consulted the neighbour who were happy with the shed and
its location. However the original owner of the property (who cannot even
see the shed from his property) is invoking the covenants on my brother's
property that prohibit the building of any permanant structure structure
without his consent. He previously attempted to sell the covenants to the
previous owner for Ł15,000, but by brother feels he is essentailly demanding
money with menaces so would not buy them on ethical grounds. What arguments
in law would determine the difference between a permanent and temporary
structure in Court?
Regards,
Steve
"nightjar" <nightjar@
"Tone" <to...@spamcop.net> wrote in message
news:mnvk82dhjp5qv033n...@4ax.com...
> 'Permanent Structure'
> See Here
> http://www.planningni.gov.uk/Devel_Control/Planning_System/Permission/sheds.htm
That refers only to developments that are permitted by nature of their size.
It makes no mention of whether such a structure is considered to be
permanent or temporary. The rules in England and Wales are also slightly
different in regards to the application of the 10 cubic metre limit, as
shown here:
http://www.stockton.gov.uk/resources/environment/planning/pp_shed_faq/
In relation to the original query, the notes at the bottom of the page, in
relation to Council houses and former Council houses, suggest that a shed
will be considered to be covered by a restrictive covenant on what can be
built on a property.
Colin Bignell
John Anderton
>On Fri, 9 Jun 2006 20:55:01 +0100, "steve@ic24"
><st...@lunarsurveys.vispa.com> wrote:
>
>>My brother has built a rather nice elegant wooden shed to store his model
>>aircraft in. He consulted the neighbour who were happy with the shed and
>>its location. However the original owner of the property (who cannot even
>>see the shed from his property) is invoking the covenants on my brother's
>>property that prohibit the building of any permanant structure structure
>>without his consent. He previously attempted to sell the covenants to the
>>previous owner for £15,000, but by brother feels he is essentailly demanding
>>money with menaces so would not buy them on ethical grounds. What arguments
>>in law would determine the difference between a permanent and temporary
>>structure in Court?
>>Regards,
>>Steve
>
>A 'Shed', particularly a wooden shed is NOT usually classified as a
>'Permanent Structure'
>See Here
>http://www.planningni.gov.uk/Devel_Control/Planning_System/Permission/sheds.htm
>
That link, interesting as it is, makes no mention of temporary or
permanent structures.
It also, presumably, only applies to NI since "Rule T" states the
opposite of Class E.2 of "The Town and Country Planning (General
Permitted Development) Order 1995" :
<quote>
"For the purposes of Class E
"purpose incidental to the enjoyment of the dwellinghouse as
such" includes the keeping of poultry, bees, pet animals, birds or
other livestock for the domestic needs or personal enjoyment of the
occupants of the dwellinghouse."
<end-quote>
(see http://www.opsi.gov.uk/si/si1995/Uksi_19950418_en_4.htm )
I can't say I'm particularly happy with this bit of the NI page either
"You will need permission to erect a building or structure MORE THAN
10 CUBIC METRES in your garden, or within the curtilage of your
house, such as a shed, summer-house, greenhouse, aviary, kennel or
swimming pool?"
It looks at first glance as though it might be a statement ("You do
need permission") but actually it's a rather poorly worded question to
which the answer is "Usually no". I may be cynical (well, OK, I am)
but I've encountered more than one planning official who used similar
"tricks" to widen the scope of planning law. (In one case in an
attempt to convince me that free-standing garden walls were permitted
but my retaining walls weren't)
Cheers,
John
Nick
"steve@ic24" <st...@lunarsurveys.vispa.com> wrote in message
news:_bidnRF0WY0iTRTZ...@brightview.com...
See
http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm051122/debtext/51122-40.htm
about whether caravans are a permanent structure (a debate about Travellers
and their caravan sites).
See http://www5.tmbc.gov.uk/akstonbridge/images/att2692.doc which includes
the statement "
· We note the applicant states that the building is not intended as
a permanent structure to be used as a dwelling, however the application is
for new building works and they have said that they would not be prepared to
accept a temporary permission."
In particular, see
http://www.self-build.co.uk/default.aspx?contentid=f230ed97-d474-4f39-9e81-8bfde4054e05
regarding mobile homes:
"Do mobile homes need permission?
There is a popular misconception that mobile homes don't need planning
permission but, in most cases, stationing a mobile home, which is going to
be lived in, usually does require planning permission. This means that you
can't just buy part of a field or a paddock, put a caravan on it and convert
that to a permission for a new house after a few years. There are, however,
circumstances in which mobile homes to be occupied without having to make an
application to the council first. These include living on site while you're
building a house and seasonal or occasional use by agricultural workers.
Mobile homes can be stored in domestic gardens and can even be used for
additional accommodation, provided they are not used as a living unit
separate from the house."
This would suggest that if your brother was living in the shed that this
would be more akin to a permanent structure from a planning point of view.
Is there a definition of a permanent structure in the Covenant?
Nick