Gazebo - cubic capacity or not?

[AActon]

Hi

I am new here and has a question I would really value an opinion on.

I have a planning issue at present as I have a gazebo that is nearer than 5m to my house - and have had to submit a retrospective planning application.

My gazebo is the classic type; made of wood and is four corner posts with a roof which peaks at 3.37m. My question is - does the 'air' in between the corner posts constitute 'volume'? I can understand the limited roof area being considered cubic volume, but wonder if there are any precedents that the space in between the corners posts can be considered quantifiable volume.

If anyone has any other experience/useful comments I would be grateful.

My hope is that the planners will be sympathetic as it is a structure that is in keeping with my garden and the surrounding area - but unfortunately does not meet with the green eyes of my neighbour!

Thanks for reading this.

A

 

[Thermo]

on what grounds are they saying it needs planning consent?

 

[AActon]

It is on the basis that the gazebo must be at least 5m from my house and no taller than 4m (which it isn't).

However, the guidance also states that a construction needs to have a volume of more than 10 cubic metres AND come with 5m of the house.

My thinking is that if I can gain acceptance that as a gazebo it does not have volume between the wooden posts then the 5m rule does not apply as it is a AND rule. [/i]

 

[ColJack]

volume is depth x width x height, doesn't matter if it's air tight or not..

 

[AActon]

Thanks. I understand the elements to calculate volume, but from what you say 4 posts and a roof still constitues volume, whereas I was wondering if there was an argument that as there are no sides does this mean that there is no volume as such? If I took the roof off, left the posts and put 2 pieces of string diagonally across the top of the posts is this still a structure with volume? Seems mad.

 

[ColJack]

you could use the same logic for a house..

"if I open all the windows and doors, then it's open to the elements and therefore has no volume.."

 

[Thermo]

im at a loss here. I don't see how this garden structure as you have described it contravenes the planning. How has the insistence on the application come about? It may be worth ringing a neighboring council and asking their view on it. Since the new regulations have come in there have been some very weird and stupid interpretatations of the legeslation.