Neighbour planning permission

Neighbour planning permission

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Discussion

SVTRick

3,633 posts

195 months

Wednesday 21st January 2015
quotequote all
woof said:
I should also add - the area only has a few residences in it. It's rural and it would be 100% obvious who put the complaint in
You didn't by any chance misplace your vehicle and some gas tanks into the front foyer of the council offices on or about 15th January ?

Well if you did at least you made bail smile


DeltaTango

381 posts

123 months

Wednesday 21st January 2015
quotequote all
A fairly related story from the Daily Wail today;

http://www.dailymail.co.uk/news/article-2919990/Co...

OP I would certainly register your concerns with the council. Yes it's an awkward situation but it will be far worse if it does indeed become a dwelling in future. Obviously deny all knowledge when the neighbour 'pops round'.

woof

Original Poster:

8,456 posts

277 months

Wednesday 21st January 2015
quotequote all
SVTRick said:
woof said:
I should also add - the area only has a few residences in it. It's rural and it would be 100% obvious who put the complaint in
You didn't by any chance misplace your vehicle and some gas tanks into the front foyer of the council offices on or about 15th January ?

Well if you did at least you made bail smile
No comment wink

and it's all within a private estate. So no public roads

Durzel

12,264 posts

168 months

Wednesday 21st January 2015
quotequote all
I don't get why you're not prepared to raise it through official channels, for fear of being found out or something? Either you have a problem with it or you don't. If you do, man up and do something about it, otherwise just carry on twitching those curtains.

Maybe that's a bit harsh - but it sounds as if you're genuinely aggrieved by this development, and relations have already broken down so what do you stand to lose?

It also seems a bit late in the day to be raising complaints, presumably it's been in development for some time and it ought to have been obvious fairly early on that it wasn't going to be a replacement barn....

woof

Original Poster:

8,456 posts

277 months

Wednesday 21st January 2015
quotequote all
I just wanted some opinions and thoughts.
It's only just gone up and interior hasn't been finished.
So yes, tomorrow I will have a word with the planning officer and get his opinion on it

Thanks everyone for your input smile

Not a problem Durzel !

Edited by woof on Wednesday 21st January 16:46

Durzel

12,264 posts

168 months

Wednesday 21st January 2015
quotequote all
Sorry I was so blunt boxedin

clarkey

1,365 posts

284 months

Wednesday 21st January 2015
quotequote all
Sticks. said:
AFAIK outbuildings come under permitted development so, unless there's a particular or local restriction, don't usually need planning permission.

It's good practice to ask the planning office though, and maybe they already have.

So my neighbour found when someone put up a large wooden building opposite the bottom of his garden.

As I say AFAIK....
Outbuilding only come under permitted development if they are in the garden of a house though. Land that is classed as agricultural has other permitted development rights (which can be much more generous than domestic rights. with a presumption of permission being granted if it is necessary for the use of the land) but the use of building must be agricultural and agreed beforehand, with a different planning process. There are size restrictions too - a 2 acre paddock is too small for agricultural PD rights I think, I have a feeling it is 5 acres and upwards. Could be wrong though.
Either way, this one needs reporting, it sounds dodgy.

anonymous-user

54 months

Wednesday 21st January 2015
quotequote all
Have a quick root through this,

http://planningguidance.planningportal.gov.uk/blog...

I was under the impression (probably wrongly smile) that action would be taken where the development 'proved' to be detrimental

toerag

748 posts

132 months

Red Devil

13,060 posts

208 months

Thursday 22nd January 2015
quotequote all
SVTRick said:
woof said:
I should also add - the area only has a few residences in it. It's rural and it would be 100% obvious who put the complaint in
You didn't by any chance misplace your vehicle and some gas tanks into the front foyer of the council offices on or about 15th January ?
Not unless Broxbourne has suddenly transmuted itself into Crowmarsh Gifford in South Oxfordshire. scratchchin

SVTRick said:
Well if you did at least you made bail smile
I don't think he needed it. smile

Riley Blue

20,955 posts

226 months

Thursday 22nd January 2015
quotequote all
Is this the exact wording, "shall be used for the keeping of equipment and produce incidental to the enjoyment of the dwelling house and shall not be used for any commercial or other activities."?

If so, a home office could be considered to fall within that condition.

As construction is almost complete, is the planning application on-line? If so, could you provide the link?

Steve H

5,283 posts

195 months

Thursday 22nd January 2015
quotequote all
woof said:
barryrs said:
Handy guide here - http://plainview.co.uk/ancillary-vs-incidental/177...

TBH im struggling to see what the fuss is about?
Thanks - that's really useful.

The issue is that a few years ago. The field was a paddock with some horses and a stables. It was a nice view looking out over the fields.

Effectively the paddock is now being used as an extension to a garden (not really an issue for me - though technically not allowed and possibly something they will attempt to change of use at some point) The nice little stables on it is now a not very in keeping large building. That is far from a stables, with nice veranda types doors and windows. My major concern is that give it a few years and the next thing we'll know is that it will become a dwelling.
Maybe some detail as to how much real difference it makes to you would change my mind but I'm kind of with Barry here. You don't own the view and the effect the new building will have on you sounds a lot smaller than the effect on your neighbour if he has to pull it down because you don't like what he is doing on his own land.

In truth I don't blame you for trying to get things how you want them but I am surprised how much support you are gutting on here, imagine if the thread was more along the lines of "I had permission to pull down an old stable on my own land and replace it with a new building and now my nosey neighbour is complaining that he doesn't like the doors I've fitted and is trying to cause trouble for me with the council".

I'm not sure how this is anything other than standard nimbyism,

woof

Original Poster:

8,456 posts

277 months

Thursday 22nd January 2015
quotequote all
I don't want to share the actual application for the moment.
But to give you basic overview.
It's a unique rural setting that's 20miles from London just on the other side of the M25. A farming and woodland estate. I live in a group of 5 properties that formed a mainhouse, coach and stables - surrounded by open fields. Live here for 20 years. It's very nice quiet spot. It's all private There's a shared driveway and by actually adding this building it does de value everyone else's property somewhat. or so I'm told.

If what they are doing is above board, then I have nothing to complain about. If what they're doing is a sneaky way of building something and then trying to get respective permission then that shouldn't be allowed.

Speaking with the planning officer today.

Thanks everyone for your input so far

FrankAbagnale

1,702 posts

112 months

Thursday 22nd January 2015
quotequote all
Let us know what the planning officer says.

If he has got planning for something that could become a dwelling in time, make sure to smack one on your garden too! The "plot" could be worth a fortune in years to come provided it has access.

Rude-boy

22,227 posts

233 months

Thursday 22nd January 2015
quotequote all
Woof, from what you have just described to me it is the sort of set up where, when it was originally converted and sold off as the 5 dwellings, I would be very surprised if there had not been some form of Restrictive Covenant imposed on the properties along the lines of not to alter existing or erect new structures without consent/approval. Now who has the benefit of that covenant, if any, is the following question to answer if it is established that one exists.

I mention this as I do quite a bit of work for estates and the like and 99.9% of them want what they sell or lease off tied up tighter than a duck's arse in a flood as to future uses and development. Part of the attraction of these places is the level of restriction on the owners on the estates as it means that no one is about to turn a small stable into a livery yard or indoor pool room, etc, without approval of the estate - who usually canvas neighbours opinions even if they are minded to grant consent.

There is almost always more than one way to skin a cat.

annsxman

295 posts

242 months

Thursday 22nd January 2015
quotequote all
Riley Blue said:
Is this the exact wording, "shall be used for the keeping of equipment and produce incidental to the enjoyment of the dwelling house and shall not be used for any commercial or other activities."?

If so, a home office could be considered to fall within that condition.

As construction is almost complete, is the planning application on-line? If so, could you provide the link?
How inn earth can using the building as an office fall within the definition of "keeping of equipment and produce"?

barryrs

4,389 posts

223 months

Friday 23rd January 2015
quotequote all
annsxman said:
Riley Blue said:
Is this the exact wording, "shall be used for the keeping of equipment and produce incidental to the enjoyment of the dwelling house and shall not be used for any commercial or other activities."?

If so, a home office could be considered to fall within that condition.

As construction is almost complete, is the planning application on-line? If so, could you provide the link?
How inn earth can using the building as an office fall within the definition of "keeping of equipment and produce"?
I think hes referring to the part that states "incidental to the enjoyment of the dwelling".

In most cases using an out building (that has planning permission) as a home office would be subservient to the main dwelling and as such would be considered incidental enjoyment.

ozzuk

1,180 posts

127 months

Friday 23rd January 2015
quotequote all
Sticks. said:
AFAIK outbuildings come under permitted development so, unless there's a particular or local restriction, don't usually need planning permission.

It's good practice to ask the planning office though, and maybe they already have.

So my neighbour found when someone put up a large wooden building opposite the bottom of his garden.

As I say AFAIK....
It does very much depend on how the land is defined, if it is amenity space (garden) then you are right, however this sounds more like agricultural space and therefore much more stringent controls in place.

woof

Original Poster:

8,456 posts

277 months

Friday 23rd January 2015
quotequote all
Just an update. The site will be inspected next week.


SpeckledJim

31,608 posts

253 months

Friday 23rd January 2015
quotequote all
annsxman said:
Riley Blue said:
Is this the exact wording, "shall be used for the keeping of equipment and produce incidental to the enjoyment of the dwelling house and shall not be used for any commercial or other activities."?

If so, a home office could be considered to fall within that condition.

As construction is almost complete, is the planning application on-line? If so, could you provide the link?
How inn earth can using the building as an office fall within the definition of "keeping of equipment and produce"?
Is the core of the objection the home office, or the possibility that in the future it might be converted to an entirely new house?

A big home office in a garden/paddock in a nice part of the South East sounds a reasonable thing to me.