need help with planning

[suity]

Hey folks, going through a bit of a nightmare at the moment and need some advice.

I recently moved to a property with a huge back garden, we chose this property specifically for the back garden because we have a lot of different pets and wished to put up some sheds and runs up for them to live in.

I did so much research and spoke with different planning officers to find out exactly what we can and can't do when it comes to building sheds on your land, and I thought I had a pretty clear idea of what I was allowed to do.

So once I was sure we were good to go, we started putting up wooden sheds and aviary type pens. All the while I was making sure to follow the rules I was given.

These are the rules I have followed (found on http://www.planningni.gov.uk/index/...dvice_around_home/advice_home_structures.htm)

Garden sheds, greenhouses and other buildings
Planning permission is not required provided that:
1. The shed/greenhouse/building is used for domestic purposes only.
2. The ground area covered by the shed/greenhouse/building and any other buildings within the boundary of the property, excluding the original house, is not more than half the total area of the property.
3. No part of the shed/greenhouse/building is in front of the principal or side elevation of the original house that faces onto a road.
4. The maximum height of the shed/greenhouse/building is 4 metres.
5. The maximum eaves height of the shed/greenhouse/building is 2.5 metres if it is within 2 metres of the property boundary.
6. No part of the shed/greenhouse/building is within 3.5 metres of the boundary with a road to the rear of the house.
7. If you live in a house within a World Heritage Site, area of outstanding natural beauty or National Park the maximum total area of ground covered by buildings, enclosures and pools situated more than 20 metres from any wall of the house does not exceed 10 square metres.
8. If you live in a house within a conservation area, World Heritage Site, area of outstanding natural beauty or National Park the shed/greenhouse/building is not situated between the principal or side elevation of the house and its boundary.
9. The building is not used for the keeping of pigeons.

Just when everything was almost finished, I got a letter from my local planning department, saying that I had caused a breach and that all sheds and wooden structures had to be taken down within 28 days or they would be sending me an enforcement letter. I gave them a call and told them I believed that I had followed the rules and that everything I had done was permitted development. They told me to get my case to them in writing and they would have a meeting about it.

At this point I got architects involved to help me and they all agreed my sheds were permitted development, and that I have followed the rules around sheds and outbuildings. They helped me draw up plans and write my letter, where I clearly tried to state that I followed each of the 9 points above:

1) The sheds are for the keeping of animals which are my family's passion and a huge part of our lives, and are incidental to our enjoyment of the dwelling house.
2) The sheds only take up 9% of the entire property.
3) All sheds are in the back garden and can not be seen from the front elevation.
4 and 5) The highest point of any of the sheds is 2.44metres.
6) The sheds are at least 30' away from the rear boundary, and there is no road there anyway.
7 and I do not live in any sort of special or protected area.
9) None of the sheds will be used to keep pigeons.

So I got my letter in to them, and after a few weeks they replied, saying that they do not agree with my interpretation of the law, and they are again giving me 28 days to take down the sheds.

I am at my wits end and don't know what to do. All architects I have spoken to say that my argument is clear and I have not twisted the interpretation of the law. Can any one tell me if I have made a mistake?

I find it very annoying that the planning department can not tell me exactly what breach I have caused. They are just digging their heels in and saying everything has to go. If I did legitimately break one of their rules I would rectify the problem, but I honestly don't believe I have.

What should be my first step to appeal this?

Thank you so much for reading.

 

[jeds]

You need to know exactly what the problem is. Ask the planning department to tell you specifically which of your structures breach permitted development rules and why. Then you can start to work out what, if anything, you have got wrong.

 

[suity]

Thanks so much for the reply.

We have asked them that but they seem unwilling or unable to tell me specifically what is wrong. When speaking to them on the phone once they said it was too out of scale for a normal back garden, but when I asked them for the specific reason in writing all I got was they 'don't agree with my interpretation of the law'.

Can someone tell me, have I interpreted the law wrongly?

And also, do the planning department have any level of discretion when making these choices, or do they have to make their decision solely based on what the law says?

Thanks again.

 

[rjm2k]

Maybe they think the sheds are for a business so change of use?

 

[suity]

They know it's not :/. I don't breed the animals for profit or run a business with them. The animals are solely our hobby and passion, but they are a very important part of our life.

Thanks for your reply.

 

[^woody^]

If the officer won't tell you then you need to make a formal complaint to the head of department.

How can you be expected to remedy a breach if you are not told what the alleged breach is?

 

[kingandy2nd]

Where are all these pets at the moment?

 

[rjm2k]

Have you verified that the property retains pd right? Many properties not in special areas have them taken away as part of estate development so if its post 1970s you may find that's the case. Your deeds pack may specify the approval of the actual estate. I'm no expert but its sounds like they have informally told you to take them down without issuing enforcement which is lazy and they can't expect you to do so unless they are specific about whats wrong. Planning Dept's seem to be full of inexperienced bullies full of hot air who like to puff up their chests even if they have no legal right to do so.

 

[rjm2k]

Just noticed your location, does ni have the same rules as England?

 

[jeds]

Exactly as woody says. If they have assessed the situation properly and concluded that you are in breach they should at least know in what way. It's ridiculous, and unprofessional, just to vaguely say we don't agree with your interpretation. How can you remedy a breach when they are incapable of telling you what the breach is? I'd write and thank them for bringing it to your attention but tell them you have checked very carefully and taken independent advice and you are satisfied that the development falls within permitted development. Ball back in their court.

 

[suity]

Thank you all so much for your helpful replies. We feel so victimised and confused by this whole thing, we just don't know who to turn to for help. It is so so good to hear that we are not wrong in thinking something hasn't been dealt with right here.

rjm2k - That is interesting, I have never heard of pd rights and I am not sure if they apply in NI. I will find out. But if that is what the issue is, why couldn't they just tell me and then we would know what we've done wrong??

woody and jeds - You are both describing exactly what we are thinking and feeling right now. We feel like we are being bullied into complying to their demands. Every attempt to negotiate or find out exactly what we've done wrong has been met with close doors. I even asked to meet the planning officer in person to discuss things in person but he said it would be 'inappropriate'.

If they were able to say 'this structure is too high' or 'this structure is too close to the boundary' then we would do what we had to do to rectify the issue. But they have explicitly said that the only way to resolve things is to remove EVERYTHING. And yet they won't tell us specifically what we have done wrong?!

kingandy2nd - most of the animals are now in the sheds, but a few are not yet moved down because the planners have told us not to do a single bit more work until this is resolved. We just want them all moved down and safe with us here, we just want this to be over. The sole reason we moved to this property was for the large back garden that we could have all our animals in suitable sized enclosures.

We've been told that this is our warning letter, they gave us 28 days to remove everything or they would send the enforcement letter. If we don't comply within 28 days of the enforcement letter, they will then take us to court and fine us up to £30,000.

 

[rjm2k]

http://www.planningni.gov.uk/index/...advice_around_home/advice_home_structures.htm

It does look like NI has a slightly different form of PD but as you posted before your sheds seem to fit within the rules.

 

[kingandy2nd]

Lets see some pictures of the work completed to date please.

 

[suity]

Here's some progression pictures of the work done so far:

When we first moved to the property:

After clearing most of the trees and rubbish:

When the sheds arrived:

With three of the pens started (this is when we were told to stop work):

In total there are ten small wooden sheds and three wooden aviary style enclosures. I completely understand that this is more sheds than the 'norm' for a domestic garden, and that is why I wonder if they have a case. In saying that though, I really have strictly stuck to their rules, and the footprint of all of the work is only 9% of the entire property. We are also surrounded by mature trees and hedgerow which completely hides everything from most of the neighbours.

 

[suity]

Hmmm... not sure why the pictures arn't showing? I uploaded them to flickr and copied and pasted the link using the img button??