Conservatory too high

[Pistonhead]

We built a conservatory without applying for planning permission as the builder told us it didn't need it. Neighbours complained and the Council have advised us to dismantle it because the height to the eaves is apparently 4.1m, which they said is 10cm too high.

I asked where they took the measurements from as our garden is sloping. We saw them measure it from the lowest point whereas I think it should be measured from the highest point is this correct?

Their response was to tell me to measure it myself, saying that in addition to the maximum permitted height (presumably including the roof) being 4m and that if it's within 2m from the neighbours which it is, the maximum height to the eaves is 3m. By my reckoning it is 3.7m to the eaves and 4.3m in total.

The work undertaken to build the conservatory lowered the ground level because there was decking there which was removed. We intend to raise the ground level on one side by building raised beds.

There are two other nearby conservatories in the same line of houses one of which is the same height as ours.

Any suggestions?

 

[garyo]

4.1m eaves is a long long way off the ground for a conservatory. Are you /they actually measuring the highest point of the verge on a gable ended connie?

A photo would help.

 

[Pistonhead]

The garden slopes a lot, 1.2m of the height is below floor level, it's not gable ended it's got an Edwardian style roof (can't find a photo at the minute).

 

[^woody^]

Highest point of the natural ground level immediately adjacent to the wall. This could be the neighbours higher ground if its right on the boundary or if you have removed some, the level where it was before removal - but you probably need to evidence this ... past photos or signs of dirt higher up a wall or fence.

Definitely not the lower ground level that you mention has been done. Remind them of this basic error.

Otherwise your options are to decline their request to remove it and see if they pursue it. In which case you get your builder to sort it out at his expense.

 

[noseall]

We built a conservatory without applying for planning permission as the builder told us it didn't need it

And you just believed him? Was it one of these forthright and honest UPVC companies?

you get your builder to sort it out at his expense.

Good luck with that.

 

[^woody^]

Good luck with that.

It's an option, no?

 

[Pistonhead]

Thanks for rubbing it in noseall! Obviously I'm kicking myself now for not checking beforehand.

I think the chances of them pursuing it are very low as there has only been one enforcement notice served in the district for a conservatory since online planning started (at least 8 years ago), presumably it's not worth the risk of having to pay the court fees if it's taken to court and the Council loses.

I am speaking to the builder to see if they'll oblige for free, but I think our best course is to apply for planning retrospectively even though the Council have already told us it won't be approved.

 

[napoleondynamite]

The height of the structure should be taken from the highest ground level alongside the extension (based on the ground levels which were in situ prior to works commencing). Eaves should also be measured relative to this ground level.

It sounds like the conservatory would need planning permission.

The option as Woody sets out is to wait to see if the council pursue action as they may not have the resources to do so. If they do, and if an enforcement notice is served, you can always appeal on the basis that the conservatory is acceptable and therefore planing permission would be granted for the development. The Inspector may agree in which case- end of story.

A more pro-active approach would be for you to apply for permission now, which if granted would resolve the situation, and if refused you would have a right of appeal. This would however mean that you would actively be pursuing a solution, which the council has not yet forced you to do. If permission is refused and the appeal dismissed you will end up in a worse position that you are now.

 

[Pistonhead]

Does decking count as original ground level do you think? And it was only on one side of the conservatory, but would that count as the highest point, as opposed to the other side? Any ideas?

 

[napoleondynamite]

I would say it is the ground level which is relevant, and therefore the height of a decking structure would not be relevant.

 

[^woody^]

Does decking count as original ground level do you think?

Decking is man made, it's not the original ground around the house.

Your plan to apply for planning permission knowing it will be refused is a complete waste of time. Then you will have an unlawful development with all the implications of that, whereas at the moment you don't - and it can become lawful in a few years time.

 

[Pistonhead]

They have told me it will be refused, but a friend who works in another authority says he has never known a conservatory be refused, so it could be a bluff, the officers don't know what the committee will say so even if the officers recommend for refusal the committee could turn that round.

If it is refused, we can take it too appeal and as it's not too much over the permitted development height and there's a neighbouring one of the same height, my guess is they'd uphold the appeal. But it is a risk.

If we do nothing, is it something like 4 years before it becomes legal? But will the lack of permission cause problems selling the house. It's a toss up between apply for permission and maybe get refused or do nothing and continue to **** the neighbours off, we're no longer on speaking terms it seems, though we do have something to come back at them with in that they have just had a loft conversion and didn't ask us to sign a party wall agreement which I understand they should've done.

 

[garyo]

Why do they actually care? Does it have a material effect on them... Is it to their south?

 

[Pistonhead]

Well we're pretty sure it's the adjoining semi that complained. It's to their east. It does look imposing from their side but shouldn't cut much light out cause all glass and frosted glass on that side.

 

[rules&rulers]

Your neighbour has made a complaint,so maybe your neighbour will be pestering the council until your conservatory is dismantled/altered.

Neighbours,