Urgent Advice Needed

[DSR1]

Hi all,

Iv joined this forum for some seriously needed advice re planning permission, whilst I totally understand each situation is individual im hoping for some guidance on how to tackle a problem.

I live in a residential street, block of 4 terraced houses. My one is in the middle, we have an industrial area behind the property which for many years was a truck yard/haulage business. It lay empty for many years and in the last few years was bought by a developer who has rented out many units within it, there are mainly mechanics workshops there, a few car body shops there and also a couple of shops/wholesale businesses. It is in the Ealing Borough.

The developer has built a building directly behind mine and my neighbours property which is 6m high (I have measured it). This has caused light to be blocked, it is an eye sore, gives a feeling of enclosure and casts a shadow in my garden.

I have checked online and several planning applications were submitted, 2 of which have been granted. Also the list addresses detailing the households that were consulted does not include my address or my neighbours address!

I also went and spoke to the builders who showed me the plans and the height measurement says 4000 which would be 4m. (However these are the architectural drawings and not the planning permission)

I have involved my local councillor who quite frankly is useless but im trying to get him to look into it, I have by some miracle managed to get through to a planning officer in Ealing Council and asked him to check that the building is within the remits of the permission that has been granted. He has been to inspect the building and also came to my house (I was not in but my wife was) and has said he will get back to me but 2 weeks later I have heard nothing so im still chasing.

Can anyone advise on:

•Usually how high an industrial unit is allowed to be built?
•Does the fact that it backs onto a residential property have an bearing on what is allowed?
•Who should I contact in the council?
•What documents should I ask to see?

Also anything anyone may feel is useful in this situation. Im having a very hard time getting any answers from anyone. Also common sense to me dictates planning permission should not have been granted as it is so high.

Thanks in advance

 

[freddiemercurystwin]

So you are saying the approved planning application drawings shows the building in this location to be 4m high yet it is actually 6m high? Correct?

 

[DSR1]

hi freddy thanks for your quick reply, the plans I have seen that the polish foreman showed me say 4m height. (4000 which would be mm im assuming)

However I don't know if these are the 'approved planning application drawings' they are just drawings he showed me which he had on site. I suppose he would only have the approved ones but who knows.

I can try and post the image I have of the drawings if allowed to on the forum?

Apologies for the vague answer, I have no experience in this area and am trying to approach it with a logical mind.

 

[freddiemercurystwin]

Why not just find the application on your Local Authority planning website? All the drawings will be here for you and everyone else to see. It is pubic information.

 

[jeds]

What is the distance from the rear wall of your house to the wall of the new property? (approximately) And what direction does your rear wall face?

 

[DSR1]

they aren't there, have to email to get them which I have done earlier today.

Assuming they are the same drawings he showed me then surely I have a case? Should I leave it to the planning officer to deal with or is there someone else I can chase as I have very little faith in them.

Any idea on how high such a building would be permitted to go from the information I have given or is it not possible to say?

 

[Nakajo]

First of all, amazingly well done for managing to speak to someone at Ealing! The correct course of action is to pursue this with the Planning Officer - but it never hurts to copy in a local Councillor AND the Head of Planning - a shared post at Ealing, I think:- Richard Jones or Kevin Harris.

Ealing also provide an online forum for requesting the investigation of suspected planning breaches https://secure.ealing.gov.uk/site/scripts/xforms_form.php?formID=86&language=en

 

[DSR1]

Hi John,

At the end of my garden I have a brick built out building which is approx 3m high, behind that about 5 inches away is a 6.5ft wall which im pretty sure belongs to yard as it runs the whole length of the street.

Im not sure which direction my garden faces, the rear of the building being built which is the wall I can see is the north elevation as per the plans so I think the rear wall of the outbuilding (my property) is facing South (?).

If you are asking distance from the actual house then this would be 40ft approx – I am unsure but am finding out asap.

 

[DSR1]

Nakajo - thanks for the names.

I think I have managed to by pass that form and have got the planning officer a Mr Russell Quick to do a site inspection, however if the plans (when and if they send them to me) show that it should be 4m high then I'll complete that form to for good measure.

Also are such plans/drawings easy to read? If it says 4000 height that's all I need to look at - nothing else can cause the building to be significantly higher in reality than in the drawings can it? eg the ground being higher where it is being built etc.

 

[LukeB123]

Just to answer a few of your bullet pointed questions.

- There isn't a "usual" height for industrial sites to be built to, each is looked at their own merits. I guess if it's an "outbuilding" it generally wouldn't be larger than the original building.

- The fact it does back onto a residential property should have a bearing yes.

There may be policies or design guidance from the council, However, for those 2 first bullet points, it doesn't matter a huge amount now - If the application has gone through planning permission and has been granted approval, there's not a whole lot you can do now, those 2 points will have been assessed through the application stage.

If your property actually backs on to the site, you should of been notified by the Local Planning Authority (LPA) That might be an error by the LPA, but now it's been granted, again there's nothing much you can oppose.

I would look a bit more closely at the planning approval, it may be a conditional approval (that doesn't allow them to do certain operations in there, or it's just for storage etc, or there may be a planting scheme etc) I would also ask to see the officer report to see if they drew reference to your propertys and the impact (which they should of)

This will be more for comfort than anything, best to just contact the LPA's enforcement team to make sure it's not any higher than the approval, and everything else is in accordance.

 

[jeds]

You have two possible situations here; firstly the planning issue - have they built in accordance with planning? - and secondly the loss of light issue. The only option on the planning is to pursue the planners and seek assurance that the building is in accordance. You'll just have to keep pressing on that.

On loss of light you need to know a couple of things; was light considered during the planning process and was a light assessment carried out? If it was this should be posted on the website so should be easy to find but either way I would ask the planners to confirm anyway. Ask them to confirm in writing.

Whether it was considered, or not, if you feel your light has been diminished you will have to seek advice from a right to light surveyor. The surveyor will review the situation and should be able to advise if you have a potential claim. You will have to pay for that advice. What you do next depends on the advice.

This bit is very important: If you do intend pursuing this you must inform the developer that you think your light has been diminished and that you are taking advice from a professional advisor and that if it does prove to be the case you intend taking action to seek a remedy. This is important because your conduct now has a direct influence on the outcome of any future claim. If you thought you had a claim and allowed the developer to carry on and complete the building without letting them know you intended to claim it would go against you later. You must give the developer the opportunity to review the situation and take their own advice before they commit to building. The conduct of the developer also has a direct affect on the outcome. So, if you advise them and they ignore you that will go (heavily) against them.

 

[DSR1]

Luke - thanks for your reply, I have been onto the enforcement team.

John - noted, I will look into notifying the developer. However the main structural work has been done and the roof is on. I have been chasing the council/planning/local councillor since the building started going up and up higher than my outbuilding since the last 2 months.

Iv just spent 35mins on the phone to planning at ealing got through to a nice bloke called Darren Eggleton who was very helpfull. He said the site visit done showed the building was just over 4m high measured from the Damp Proof Coursing. I am going to double check tonight as the building is significantly higher than 4m (or im just plan stupid and have out measured by 2 whole metres).

Hes also dug up the file and the plans are for a totally different location in the yard - so that's another twist but may just be an ealing council classic (a filing error)

What is the best way to inform the developer - by letter from a solicitor?

Darren also told me that the permission for this building went to the committee of councillors. Does that have any bearing on anything?

 

[DSR1]

Darren called again and has found the correct file, he's also looked at images and says from experience looks like the building is 4m - 4.3m high but will come out again to measure if it appeases me.

I have requested another measurement.

Right now looks like i cant do anything, i will remeasure tonight.

 

[jeds]

Check the building height. There's far less likelihood of a valid light claim at 4m high than 6m high. If you do pursue it just inform the developer as soon as you know.

 

[DSR1]

thanks John, I will do tonight.