quick question about outbuildings..

Spamchops · 22 Oct 2020

Hello, we had a neighbour put up two sets of stables against our six foot fence. They are massive, probably another six foot above the top of the fence. They are RIGHT against the fence and have no gutters, so the rain pours onto the fence and then into our garden.
We asked the planners if these had pp, they came out and looked and said that the neighbours need to apply.
My question is will they get it? I thought such a large building had to be a certain distance from a boundary. Thanks.

^woody^ · 22 Oct 2020

It depends on your local planning policy and the site layout.

The water issue can be dealt with via the councils environmental health dept, or via a county court injunction.

Spamchops · 13 Nov 2020

Hello. Thankyou for the reply.

We are still trying to research an answer to the "how close can they build to our fence" issue. These stables are on land that is not curtilage of the dwelling house
so the maximum height of 2.5 meters within 2 meters of the boundary rule does not seem to apply.

Any thoughts much appreciated.

Nakajo · 14 Nov 2020

So the neighbours haven't applied then?

DevilDamo · 14 Nov 2020

They could build them as close as they want providing they meet the relevant Planning and Building Regulations (if applicable).

What do you mean they’re not built within the curtilage? Who’s land are they on?

Nakajo · 14 Nov 2020

Presumably it's on their land, but not on their property's curtilage

Spamchops · 14 Nov 2020

it is not on a residential piece of land, it is a piece of land that was originally part of our property, a square about 80ft x 80 ft. It adjoins our garden and theirs, but they live in a council house and will never own their property.

^woody^ · 14 Nov 2020

Originally part of your property? How have they built on your land?

Have they got permission from the council as landlord? This is distinct from the council as the planning authority.

Spamchops · 14 Nov 2020

The previous owner of our property sold it to them before we bought it. They use it as a yard for selling and storing things like caravans, poultry and old furniture. I don't know if they need permission to use it as a business either, it was just a square of what was garden, but is not any longer as it has no house to go with it.

^woody^ · 15 Nov 2020

That's an odd arrangement for someone to sell part of their garden to the council.

Business use of land is a planning issue.

Spamchops · 15 Nov 2020

The tenants bought it, it was not part of their property. They bought it because it is convenient being next door. It is not part of the council property. The tenants are council house residents and do not own their house, but do own this square of land next door.

^woody^ · 15 Nov 2020

Well, there are some planning, land law and landlord and tenant issues there, based around the designation of the land and what can be done with it.

Spamchops · 15 Nov 2020

Yes, we have received a letter from the planners, here is the link to the council site. https://planning.sholland.gov.uk/OcellaWeb/planningDetails?reference=H07-0956-20&from=planningSearch

DevilDamo · 15 Nov 2020

Which property is yours, no. 141?

The applicant listed on the application form, is that the landlord/freeholder or the tenant? If it’s the latter, they shouldn’t have stated they are the owner of the land edged in red or blue. Unless the tenant does actually own the land and it has nothing to do with the landlord?

Spamchops · 15 Nov 2020

The red bit is the piece of land that they bought. The council house is the blue bit, but it's wrong as the garden is much longer than that.

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quick question about outbuildings..

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