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Neighbour building a big garage without PP

Discussion in 'Building Regulations and Planning Permission' started by mrbg07546, 27 Dec 2018.

  1. tony1851

    tony1851

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    OK, so looking at the location plan, your house is no. 14 School Rd, and the principal elevation of the subject house is on Oxford Road?
    If that is the case - and IF the new work is not physically connected to their house - then it is a detached structure and comes under Part E of the Permitted Development regs.

    Among other restrictions, this states that it is NOT permitted development if it is "situated on land forward of a wall forming the principal elevation of the original dwellinghouse". However, in your case, it seems it is only projecting beyond a side wall, and on that basis would not be caught out by the rules - even though the side wall(s) of the house face(s) a highway.

    The only other relevant restriction in Part E is the height, which must not be more than 2.5m above ground level, as it is within 2m of a boundary. So they could put a flat roof on it to get round that restriction.

    If it is being used to form separate living accommodation (eg for an extra lounge or bedroom) then it would also not be permitted development, but that is for the future, and proving it could be a logistic minefield from the council's point of view.

    (Of course, none of the above applies if it is physically attached to the house, as an extension cannot extend beyond a side wall of the dwelling if it fronts a highway, in which case it would need PP).
     
    Last edited: 30 Dec 2018
  2. mrbg07546

    mrbg07546

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    https://www.google.co.uk/amp/s/www....s/builders-told-to-tear-down-large-118714.amp You can see from this article they got fined for canopy. They didn’t get the drop down curve and they don’t have one on the school road slide.

    They did try to build , a small garage but when we moved in the smaller garage was about 2 metered high and was knocked over or not built. So as we are new owners they are trying again.
     
  3. mrbg07546

    mrbg07546

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    So to conclude so far.

    1) it is 2.8 meters high and close to the boundary - breach. They could try reduce the size of build. To under 2.5 with a flat roof.

    2) principle elevation- a bit of confusement but unlikely to be a issue as it’s to the side of a house.

    3) likely to be living space. This is something evidence would need to be collated going forward.

    Evidence so far.

    1) council informed in first instance.

    2) councillor informed and she flagged it to the council again and local design authorities who say it is highest.

    3) street view and good photo evidence with news paper

    4) current owners have track record of planning breaches

    Protection of myself.

    1) neighbour don’t realise we complained.
    2) we have home insurance legal protection should they destroy or damage our property on enforcement.
     
  4. mrbg07546

    mrbg07546

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    The brick work is butted? against the side of the house. Is this detached or not?
     
    Last edited: 31 Dec 2018
  5. tony1851

    tony1851

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    If there is any physical contact between the new work and the existing house, then it is not a detached building, and Part A of the permitted development rules apply (in which case it would require planning permission because it is forward of a wall fronting a highway).

    However, if there is a small gap between new and existing, it will technically be detached, when the less strict rules under Part E apply.

    How small is small? There are several appeal cases on the Planning Jungle website on this matter, and in one a gap of down to 16mm was sufficient
    to class the building as detached.

    You won't know what - if any - gap there is until the work (and particularly the roofing) is completed and you may not personally be able to measure this without trespassing. Ultimately it will come down to what your LPA decides; they have the power to enter the site to take measurements, and they may
    or may not feel confident in taking enforcement action regardless of what any gap measures.
     
  6. geraldthehamster

    geraldthehamster

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    Excellent point. People never work out who has grassed them up :)
     
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  7. mrbg07546

    mrbg07546

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    They seemed to have finished up and created a wall. And locked up for a bit
     

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  8. oldbutnotdead

    oldbutnotdead

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    Do let us know what happens next... it is irritating when chancers get away with stuff like this.
     
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  9. mrbg07546

    mrbg07546

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    I will promise.

    Thanks for all your support so far.

    Kept me calm and level headed

    I have a LOT of evidence to date , and it was reported when the first batch of bricks got delivered as I anticipated. Councillers know and local scocoity know.
     
  10. Leofric

    Leofric

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    Going back to the beginning , what exactly do you object to about the building apart from the fact they have not followed the correct procedure.
    If planning permission is required for the work the planning authority should consult you as a neighbour for your comments and you can then explain your objections to the proposals. Your comments will then be made public of course.
     
  11. mrbg07546

    mrbg07546

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    Loss of light side of house, poor brick work which is not appealing, and it don’t look good.

    Regardless this work was rejected previously. So they are trying to chance it now
     
  12. Leofric

    Leofric

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    Fair enough objections. Do you have windows facing this new building ?
     
  13. mrbg07546

    mrbg07546

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    Yes. We used to get nice sunlight into our kitchen . Now we don’t . If
    A window on kitchen doors.
     
  14. mrbg07546

    mrbg07546

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    Equally there is a likely hood this is a “granny flat” according to this forum, or illegal immigrants
     
  15. mrbg07546

    mrbg07546

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    Minus 4 degrees and they came today!

    What clowns.

    Owner has been fined multiple times and I noticed he has a bankruptcy notice also
     
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