Neighbours outbuilding will block light- no known permission

[EllenJ0]

Hi,
I'd really appreciate some advice about an outbuilding my neighbours are currently constructing.

We live in a mid-terrace house with a small L-shaped courtyard. In the summer we have a small patch of garden which gets sun as the rest is blocked by houses and trees from neighbouring properties.

Last week my neighbours started building a large outbuilding in their garden. We had received no notification of their intention to build a permenent structure.

The structure is actually about half the size of their garden and imposes our view and will block the sun/light in our garden.

I've attached pictures so you can see what I'm taking about. Should my neighbours have requested planning permission for this building? Surely it must require it.

I'm not sure where I stand on this or what I should do. The last thing I want is a big dispute with my neighbours, but they've not considered us at all in doing this!

View media item 86425 View media item 86423

 

[Nozzle]

If it is hanging over your boundary, it is trespass. Some comments on here might be that it is within PD (permitted development) so it worth looking up the rules for that, and for doing a search on your local councils website on the planning section.

Nozzle

 

[EllenJ0]

If it is hanging over your boundary, it is trespass. Some comments on here might be that it is within PD (permitted development) so it worth looking up the rules for that, and for doing a search on your local councils website on the planning section.

Nozzle

Thank you for your reply. I'll look into permitted development and on my council's website as suggested.

I think the bit which is over on our side is just for support while the structure is being built, so not a problem.

 

[tony1851]

If it occupies no more than one-half of the area of the ground around the house, and is not more than 2.5m high, it would probably not need planning permission. (it might be > 2.5m at the end of the fence, can't really tell.

Might need a Building Regs application depending on its floor area, and materials of construction.

 

[EllenJ0]

If it occupies no more than one-half of the area of the ground around the house, and is not more than 2.5m high, it would probably not need planning permission. (it might be > 2.5m at the end of the fence, can't really tell.

Might need a Building Regs application depending on its floor area, and materials of construction.

Thank you for the information. I think it is about 2.5m high, perhaps they've made it so it fits just within that allowance.

The boundary walls have always been approximately 1.5m. They are heightening them to form the walls of their structure to the approximate 2.5m. Whilst it doesn't impact me, they have actually placed two large windows into the boundary wall with their opposite neighbour. I know that conservatories should not overlook neighbours, I wonder if it is the same for outbuildings.

According to the council website, outbuildings should not significantly overshadow the neighbours garden. I think this definitely counts as overshadowing our garden.


It does sound from what you've said though that they are within their rights so far. If so of course we'll accept that. I'm not trying to be mean to them, we put up with a lot of their inconsideration for their neighbours, just to keep the peace. I just want to know we're not being taken for a ride with this as it does impact us. When you have a little house which is quite dark and one small garden, that bit of sunshine and not feeling boxed-in is really important.

 

[freddiemercurystwin]

Overshadowing is irrelevant to the PD legislation. This is a pretty clear guide: http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/

with further guidance here: http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

Many people build exactly the maximum they can under PD.

 

[EllenJ0]

Overshadowing is irrelevant to the PD legislation. This is a pretty clear guide: http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/

with further guidance here: http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

Many people build exactly the maximum they can under PD.

Thank you for the links, I'll give these a good read.

Yes, it makes sense that people will do the most they possible can within the rules. I understand people wanting to get more space, but with a house/garden this size it seems really disproportionate. The rules say differently though, so we'll have to accept that!


We'll probably end up moving, final straw and all that.

Thanks to all the replies. It is good to know where we stand with this so we don't cause an issue for them when they've not done anything wrong.

 

[EllenJ0]

Any part of the development within 2 metres of the house cannot exceed a height of 1.5 metres

Am I right to believe that 'the house' means their house, not mine?
If so, most of the structure has been built within 2 meters of the house. They are going to attach the outbuilding on to the end of their house.

 

[freddiemercurystwin]

Any part of the development within 2 metres of the house cannot exceed a height of 1.5 metres

What is this a quote from?

 

[freddiemercurystwin]

They are going to attach the outbuilding on to the end of their house.

For planning purposes technically once it is attached to their house it is no longer an outbuilding but is an extension.

 

[flowboy]

They should give you written notice between 2 months to 1 year BEFORE they start work... Although it may only just be 2.4m high, it does look as if they are pushing the limits! How are they going to maintain their building on your side? I'm surprised they have ANY windows on other neighbours side, unless too high to see out of. Looking at how close they appear to be to your property they are possibly too close to you/ the party wall? See rules regarding "..excavations within 3m.." ie foundations.
Go to the Government website - gov.uk - covers everything you pay tax for! Planning permission section. lots of info, illustrated docs showing what is and isn't acceptable. Some of these docs should be available as pamphlets at the local council offices
Are they building on or next to a party wall? (includes shared garden walls) They MUST inform their neighbours. As they have not had the decency to ask your opinion before starting work, you can object to your local planning dept who might well have something to say about it.
Until 2016 the gov have relaxed planning permissions to help stimulate building industry but this does not mean a free for all; people still have to consider their neighbours. The planning dept can still stop unreasonable developments at any stage & Planning Permission is still required in many cases.

 

[big-all]

remember the 50% is off 1947 footprint or as built if later
in other words the total footprint off the land say 100 sqm house say 48 sqm that leaves 52 for the land this leaves 50% or 26 available to build on
so they have a garage off say 18 and a shed off say 5 that leaves 3 sqm
extensions decking sheds conservatories green houses etc all come off the allowance

 

[Ron_UK]

How about an update as to the progress of this situation?

From what i've read, if its under 15 sq/M of internal floor space and no higher than 2.5M then they can place it smack close to the boundary and it can be made of wood.

It must be really annoying seeing that go up.

Cheers!
Ron