Neighbour's new summerhouse

[Brizzol]

Hi everyone
I’m looking for a bit of advice before I go to the council with this complaint.
My neighbour has just had a huge summerhouse built at the top of his garden, where our garden alongside is/was a nice quiet spot where we used to sit in the evening.
The whole structure is about 4.5m x 4.5m.
I havnt measured the height yet as it’s still being constructed but I think the max height is 2.5m?
One of the issues is that our gardens slope quite steeply from the front to back, uphill away from the house, so the height difference from the front to back of the structure is about 1m.
So the front of the structure where the ground is lowest is definitely higher than 2.5, but it has a veranda on the front of it which is higher than the low hedges we have on our border, so they could sit on this veranda and see clearly into our garden.
I have read that any platform or veranda is limited to 300mm, does that apply in this case taking into account the slope of the garden?

Thanks.

 

[^woody^]

Height is measured from the highest ground level for planning purposes.

 

[Brizzol]

Height is measured from the highest ground level for planning purposes.

For the veranda/balcony?

 

[freddiemercurystwin]

A 'veranda/balcony' when attached to an outbuilding would require planning permission. Have you read the technical guidance which goes into more detail than the planning portal: https://assets.publishing.service.g...cdb2c9e9/190910_Tech_Guide_for_publishing.pdf page 44 onwards.

So it begs the question, is it actually a veranda or balcony, as defined by the tech guidance?

 

[^woody^]

The definition of a verandah is nuanced, and may not be a verandah on this type of summer house. It can't be a balcony at ground level.

If anything is may be a deck or platform.

 

[freddiemercurystwin]

Definition of a veranda in the tech guidance seems fairly clear to me. The OP needs to confirm ....

 

[Brizzol]

Thanks for the replies.
So reading the definitions, it would be classed as a roofed verandah.
On a normal installation of this summer house the verandah would be at ground level, but due to the steep slope its installed on the verandah is approx 1m high.
Similar to the attached photo but a lot bigger!
Due to gardens sloping towards the house they could sit on the verandah and have a full view over my entire garden, I just cant see that it can be legal?

 

[freddiemercurystwin]

Correct, what you have described sounds like it would meet the definition of a veranda. But then planners can be complete dickheads.

From the technical guidance:

E.1 Development is not permitted by Class E if –

(h) it would include the construction or provision of a verandah, balcony or raised platform

Verandahs, balconies and raised platforms are not permitted development under Class E.

‘Verandah’and balcony’ can be understood as set out on page 29. A raised platform is defined in the ‘General Issues’ section of this document, as any platform that has a height of more than 0.3 metres (see page 6). Garden decking will therefore be permitted development under Class E subject to it not exceeding this 0.3m height limit and subject to the other limits and conditions under this Class.

The page 29 definition of a veranda is as follows:

A veranda is understood to be a gallery, platform, or balcony, usually roofed and often partly enclosed, extending along the outside of a building at ground level

 

[Brizzol]

So to me reading that says that a verandah isnt permitted without planning permission, have I read that right?
I've just measured it and the verandah is exactly 1m high, not only that but due to the long sloping nature of the gardens it is on the same level as my kids bedrooms!!

 

[freddiemercurystwin]

A veranda requires planning permission irrespective of the height.

 

[Brizzol]

Thanks, that how I read it.

 

[^woody^]

Oh I see, the tech guidance has precisely narrowed down years of planning precedent and clearly defines a verandah.

So this thing on this summerhouse is not an open porch, it's not a canopy, and not an covered recess, it's a clear cut verandah.

And, if by chance this verandah is enforced and must be removed if enforcement is within the public interest, the disgruntled neighbour could merely pile up a load of dirt and lay a nice big patio, and he could do that no problem as it won't be an engineering operation and won't need planning permission? And he just needs to wonder what to put on this patio to piiss the bloke next door off even more.

 

[big-all]

i wonder iff simply fully enclosing the handrail section and adding windows above with full double door all off which can be swung fully to 90% would then comply fully as no raised platform as its part off the internal floor and not a veranda as fully enclosed ???
just a though as a raised platform less than 300mm or shed 2.5m at the back[the highest point] and 1m more at the front is fully compliant

the point i am making is you will still have the same overlooking issue, perhaps dialogue and expressing your concerns may be the best option as what you want is not fully possible within permitted development as the lie of the land is the problem not the actual structure as such ??

 

[Brizzol]

Oh I see, the tech guidance has precisely narrowed down years of planning precedent and clearly defines a verandah.

So this thing on this summerhouse is not an open porch, it's not a canopy, and not an covered recess, it's a clear cut verandah.

And, if by chance this verandah is enforced and must be removed if enforcement is within the public interest, the disgruntled neighbour could merely pile up a load of dirt and lay a nice big patio, and he could do that no problem as it won't be an engineering operation and won't need planning permission? And he just needs to wonder what to put on this patio to piiss the bloke next door off even more.

Not really sure what your point is? The verandah cannot be removed, it is a permanent part of the structure.

 

[Brizzol]

i wonder iff simply fully enclosing the handrail section and adding windows above with full double door all off which can be swung fully to 90% would then comply fully as no raised platform as its part off the internal floor and not a veranda as fully enclosed ???
just a though as a raised platform less than 300mm or shed 2.5m at the back[the highest point] and 1m more at the front is fully compliant

the point i am making is you will still have the same overlooking issue, perhaps dialogue and expressing your concerns may be the best option as what you want is not fully possible within permitted development as the lie of the land is the problem not the actual structure as such ??

The neighbour is not the sort of man that is open to any kind of dialogue, he does what ever he wants and to hell with everyone else. The fact that he thinks this thing is acceptable without even a word to any of his neighbors before building it just about sums him up. I am one of a number of local residents that has taken issue with it. But the fact remains he has built it without planning permission.