Retrospective planning permission for outbuilding

[Paul Collins]

My son has built a largish shed in the garden, pitched roof just under 4 meters tall, just under 2.5 meters to the eaves, all as per permitted development. A neighbour has complained to the local council and we've had a letter asking us to apply for retrospective planning permission, which may not necessarily be granted.
The bugbear is that he's built it right against the boundary fence which upon reading the regs, is certainly not permitted. Needs to be 2 meters from the boundary.
My question is, is it worth risking applying for the retrospective planning permission, costs about £200? Any precedence for a case like this?
The alternative is to remove the pitched roof and convert to a 2.5 meter high flat roof.
I'd make the point that even if it was positioned 2 meters from the boundary it would still be just as tall.
Thanks

 

[Notch7]

My son has built a largish shed in the garden, pitched roof just under 4 meters tall, just under 2.5 meters to the eaves, all as per permitted development. A neighbour has complained to the local council and we've had a letter asking us to apply for retrospective planning permission, which may not necessarily be granted.
The bugbear is that he's built it right against the boundary fence which upon reading the regs, is certainly not permitted. Needs to be 2 meters from the boundary.
My question is, is it worth risking applying for the retrospective planning permission, costs about £200? Any precedence for a case like this?
The alternative is to remove the pitched roof and convert to a 2.5 meter high flat roof.
I'd make the point that even if it was positioned 2 meters from the boundary it would still be just as tall.
Thanks

All depends on the circumstances. If its blocking out light to your neighbours garden or impacting his 'enjoyment' of the garden then itll probably be refused.

The planners will want to take the least line of resistance and since it doesnt comply with pd rules, they may well refuse to avoid lots of aggravation from the neighbour.

If its more than 15sq metres and made of timber it also needs building regs if closer than 1 metre to boundary.

 

[^woody^]

Needs to be 2 meters from the boundary.

It does not.

You can build up to the boundary under PD

 

[motorbiking]

My garden room building is within a meter from my boundary but its just under 15m2 (internal floor space) and the roof is just under 2.5m high. I'd convert the roof of your room it wont be that hard to do and will be probably what you have to do anyway, after apply for permission.

 

[tony1851]

The planners will want to take the least line of resistance and since it doesnt comply with pd rules, they may well refuse to avoid lots of aggravation from the neighbour.

That may not necessarily be the case. If the council refuse the application, they know you will almost certainly appeal to the Planning Inspectorate. This would cause the council far more time and aggravation in responding to the appeal, than just fobbing off the neighbour with a simple letter.
They would probably be happy to accept your £206 planning application fee, and waive it through.

 

[JULIE GREEN]

How did your son get on? I’m in a similar position. Our alternative option is to move whole sun house by 1m. Awaiting pre application being applied for to see how we stand.