Complaint about use of property

[Minty UFB]

Hi I need some information and advice.

Today we received a letter from our local council stating :

The Council have recently received an enquiry regarding the possible chnge of use of the above property. The enquiry specifically mentions the use of the property for rescued dogs.

The Council needs to assess whether they consider ther to have been a material change of use of the above property from residential to business and the best way to do this would be for you to arrange a convenient time so that I can come and visit you at your property. Please contact me on the above telephone number to arrange this site visit, so that this matter can be resolved.

If I do not hear from you within 7 days I will have no choice but to
issue you with a Planning Contravention Notice to gain further information on this matter.

Now, First of all We do not run any form of business from our property. But We do foster German Shepherd Dogs for a local rescue. We have two of our own and one foster dog(We have at times had two when the rescue has been busy) . They would stay with us in our home until a permanent home is found. We receive no payment for this, it is purely voluntary and any expenses are met by us. I have also Built a wood and wire structure in the corner of my garden to be able to enclose the Dogs should a need arise. It is not in any way a permanent structure.


So My questions to the learned amongst you is have I broken any Planning laws,Regulations Etc ?

Do I need to be worried ?

We have invited them around next week so not worried by their threats but would like to know a bit more.

I will also be ringing them in the morning to ask some questions

Thanks

[mk1fan]

Are your dogs noisy?

It doesn't sound like you've got any Planning Issues* but it sounds like you've got a neighbour issue.

I'd expect Environmental Health next following up a complaint about noise.

• although the size/area/height of the dog run will need to be checked against class E (iirc) Permitted Development rights.

Be polite, clear and consice. If you are only fostering one or two dogs at a time then make it very clear that it is a charitable act and not a commercial act. It sounds terrible but be beligerent too. Planning Departments usually conceed to the person who moans /complains the most.

[ShadownINja]

mk1fan said:

Are your dogs noisy?

It doesn't sound like you've got any Planning Issues* but it sounds like you've got a neighbour issue.

That's my immediate thinking. It'd have been nice if your neighbours had approached you first.

[Simpo Two]

I would imagine that if you don't take payment then it cannot be a business, so technically there's no change of use - it's still domestic. However as said there may be environmental issues.

[Minty UFB]

Thanks for your replys.

On the noise issue we had a party a few weeks ago when the dogs were in the cage and were barking at the kids running around the garden other than that my dogs are quite well behaved and are rarely left alone for any time so noise isn't generally a problem.
Added to that my wife works for the Council and sits next to the noise team so not too worried about that aspect.

Also my wife invited the Dog Warden around as she knows him also. He spent two and a half hours with us talking about training etc. His opinion was that we have two of the best behaved and sociable dogs he has ever met.


Here is a the cage, it is the opposite side of the garden to the complainer and hidden(sort of) behind/under a large tree.

Not sure about planning regulations but it is not a permanent structure so should not need planning permission ???

[jdbecks]

for some cake and cookies, I will pay a visit to your neighbours.

We also foster great danes, never had any issues from anyone..so I suspect a stupid neighbour has issues with you have fostering the dogs. Nosey bds!

[Beardy10]

If you are in a conservation area you probably need planning permission for building a shed (or anything that looks remotely like one). Planner wouldn't know it's a temporary structure until he comes round. May alos be because it's next to the boundary ? Check your local councils website.

We replaced our shed with a summer house a couple of years ago and had to get planning permission because of the above.

[arfur daley]

buy your neighbour a dog to shut him up.

[Minty UFB]

I would find it very therapeutic to take out my anger on him /internet warrior mode on/ 6'2" 20 Stone Judo etc.etc. /internet warrior mode off/ however I try to be a law abiding person so will have to settle with the Wife making a complaint about him for harassment and such and see where that takes us.

Time will tell over the planning issue

Thanks for all your replies -

[Simpo Two]

Minty UFB said:

my wife works for the Council and sits next to the noise team

It must be deafening!

But to be fair I wouldn't be much impressed if a neighbour started keeping a load of barking dogs. There's one two gardens away from me which often goes 'Yap...Yap...Yap' every 10 seconds dor an hour or so, and as I work from home it eventually shatters my concentration. Not very nice having to work on a day like this with the doors shut!

[Thunderace]

Simpo Two said:

Minty UFB said:

my wife works for the Council and sits next to the noise team

It must be deafening!

But to be fair I wouldn't be much impressed if a neighbour started keeping a load of barking dogs. There's one two gardens away from me which often goes 'Yap...Yap...Yap' every 10 seconds dor an hour or so, and as I work from home it eventually shatters my concentration. Not very nice having to work on a day like this with the doors shut!

The old dear next door currently has her son and family staying for a few weeks while they sort themselves out after moving back from South Africa and they've brought a parrot\vulture\emu thing with them that lives in a cage in the garden. Can't work from home at the moment due to it squawking all day.

Would love to make it an ex-parrot.

[Busamav]

Thunderace said:

[
Would love to make it an ex-parrot.

in a "just sleeping" way

OP , I do not think you have anything to worry about regarding the planners .

though it does show that the dogs have pissed somebody off to a point where their lives are a misery due to the barking .

[Minty UFB]

Simpo Two said:

But to be fair I wouldn't be much impressed if a neighbour started keeping a load of barking dogs. There's one two gardens away from me which often goes 'Yap...Yap...Yap' every 10 seconds dor an hour or so, and as I work from home it eventually shatters my concentration. Not very nice having to work on a day like this with the doors shut!

I understand what you are saying but our dogs are not allowed to bark incessantly and are kept quiet as much as is reasonable. They are also rarely left alone for any time.

Busamav said:

though it does show that the dogs have pissed somebody off to a point where their lives are a misery due to the barking .

It is my belief that the neighbour has done this out of spite because he does not like us and not because we cause him any misery. There are other dogs in the street that create more noise than ours.

We have worked hard to train our dogs to behave and although they are far from perfect they certainly do not cause a nuisance.

[KrazyIvan]

Minty UFB said:

It is my belief that the neighbour has done this out of spite because he does not like us and not because we cause him any misery. There are other dogs in the street that create more noise than ours.

.

This might be your issue, we used to have a GSD, he would bark when some one knocked at the door, which was not often, however there were several other dogs in the road, and whenever one of the others barked, one of our neighbors was convinced it was ours, they used to call the council and RSPCA all the time, the final straw came when the RSPCA came out with a complaint that our GSD was left out side all the time with no water and that we were never seen to walk him, minor point being that we'd had to have him put down 6 months prior due to cancer.

In short it may not be your dogs making the noise but they may be getting the blame for it.

Edited by KrazyIvan on Friday 9th July 14:00

[GreenDog]

KrazyIvan said:

Minty UFB said:

It is my belief that the neighbour has done this out of spite because he does not like us and not because we cause him any misery. There are other dogs in the street that create more noise than ours.

.

This might be your issue, we used to have a GSD, he would bark when some one knocked at the door, which was not often, however there were several other dogs in the road, and whenever one of the others barked, one of our neighbors was convinced it was ours, they used to call the council and RSPCA all the time, the final straw came when the RSPCA came out with a complaint that our GSD was left out side all the time with no water and that we were never seen to walk him, minor point being that we'd had to have him put down 6 months prior due to cancer.

In short it may not be your dogs making the noise but they may be getting the blame for it.

Edited by KrazyIvan on Friday 9th July 14:00

The ex and I had that problem too. We had 2 well behaved and quiet dogs but the couple next door had 4 Weinmarners (sp?) which barked incessantly. Some of the neighbours assumed it was our 2 as we were seen walking them regularly whereas the dogs next door tended to be walked mainly at night or away from where we lived.

[Minty UFB]

Just a quick update.

Lady from planning visited on Thursday. Took some measurements of the Dog Cage and then we sat down to explain what we do with the foster dogs etc.

Upshot is there is no issues at all, Planning are happy that no business is being run etc.etc. Dog cage within guidelines so neighbours case has been blown out of the water.

Council Dog warden has visited twice and has made a report that there are no noise or other problems - in fact he stated that we have two of the nicest(well behaved) dogs he has ever met.

[Laurel Green]

Fantastic news and, what a gorgeous pair of dogs you have there.