Neighbour's outbuilding not adhering to their planning permission

[beerbottle]

Hi All,

Neighbour is building an outbuilding and has PP granted. The plans state the height to eaves is 2.3m and total height of the pitched roof is 4m.

Work is underway and building directly abuts our boundary fence with him. The four walls are up and the height adjacent to our boundary is over 3m already with no roof in place yet. (maybe the walls could still go higher, who knows?)

Complication is that his ground is slightly sloped, so the height of the other end is slightly lower-can't measure exactly as it is in his garden But I think the other end is still clearly above 2.3m.

I know for PD the height counts from the highest point of adjacent ground - but does the same apply to planning permission? His plans show no slope at all and a uniform height to eaves of 2.3m.

In the application they made a big deal of how the height to eaves was less than 2.5m so wouldn't impact on our amenity. In fact they were forced to reduce the height of the building from their original plans, so this was obviously an important point for the council. However what they have built is over 3m at our boundary.

If we complain will council actually enforce? Or is this kind of 'leeway' normal?

Thanks in advance for any thoughts!

 

[Doggit]

Either you've misjudged the relevant heights, or they've screwed up - deliberately or otherwise. Contact you're local building control officer, and tell him of you're concerns, as there's no such thing as "leeway" in these situations.

 

[freddiemercurystwin]

Almost! Forget Building Control this is not their remit. Speak to your planning department.

 

[big-all]

if its a sloping site its 2.5m from the highest natural ground point it covers to avoid planning
is the site flat or un even how much higher than the natural highest point is it ??

 

[beerbottle]

Thanks All.

Big-all - they have planning permission, this is not under permitted development. On their plans it shows flat ground with a 2.3m height to eaves. In reality the ground is sloping, at my end (the lower end of slope) the height to eaves is currently 3m (still under construction). I can't measure exactly from the other end as it's in his garden. But wiling to bet at least 2.6 m, probably more.

 

[big-all]

regardless off planning if its within permitted unless there is special conditions imposed providing its within permitted its allowed

my thought are he may be going from finished floor level plus or from a datum point far away ??
when you ask him what does he say ??

 

[beerbottle]

oh ok see where you are coming from. It can't be PD as the proposed total height is 4m and the building is well within 2m of his boundary. For PD the max total height is 2.5m if within 2m of boundary.

General question - should his plans show the slope of the ground? Esp as it is relevant to the height which is a major factor in granting this proposal.

Haven't asked him yet!! want to get as much info on the legal/planning situation as I can before I talk to him. (his workers have also knocked down my rear brick wall, so a conversation is definitely coming!)

 

[napoleondynamite]

If the drawings do not accurately represent the land levels they are inaccurate. This should have been resolved during the course of the application. The simplest thing for your neighbour to do might be to re-apply with accurate drawings, to make sure that they have an approved set of plans which they can actually comply with.

 

[oldbutnotdead]

Get on to council's planning dept right now (by email to preserve date of protest) - don't worry about any local slopes, just tell them that neighbour is building outside the limits of their PP, let the experts determine the details. Ideally, download a copy of the plans from council website (showing the height for which permission has been granted), attach a photo of the completed walls with a tape measure on them. At this stage enforcement action is economically viable- if you wait til they've finished you'll be stuck with it.

PS His builders knocking down your wall with no agreement is called CRIMINAL DAMAGE. Call Plod as well as the council.- if you are feeling charitable serve him with a notice to reinstate (give him 48 hours to deposit in bond a sufficient sum to cover reinstatement of the wall)

 

[Nakajo]

On the other hand, if in due course, you're thinking of building an extension against that of your neighbour, then the additional height might be a good thing.

 

[planenut]

But make sure that his guttering etc., to not overlap your property.

 

[McAhuna]

You need to speak to either the original Planning case officer who handled the application, or to Planning Enforcement.

However, even if they have breached the permission, the Council might not do anything. Sometimes they decide it is not in the public interest to enforce, especially if resources are stretched.