3.2 meter shed.

Author
Discussion

Coopertwo

Original Poster:

5 posts

42 months

Wednesday 28th October 2020
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5 years ago my neighbour erected a garden shed which stands within 1 meter of my boundary wall and also within 1 meter of my stone built outhouse/small barn. The shed is 3.2 meters high and blocks light from the windows in the outhouse.

I was never very happy about it but lived with it as I was friendly with the neighbour. Time passes, that neighbour moves on, a new neighbour moves in, we start thinking about making the outhouse into a studio. To get some light in the place we ask the neighbour to move the shed but he refuses. I check planning and see that 3.2 meters is too high for a shed that is so close to my property and approach our local planning office.

My local planning office informs me that because the shed was erected more than 4 years ago it is immune from enforcement by virtue of the passage of time. As a matter of planning law when development occurs 4 years ago then it becomes immune from action.

I'm surprised by this, does it mean you can build anything you like and as long as nobody complains about it for 4 years you're home and dry ?

Equus

16,852 posts

101 months

Wednesday 28th October 2020
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Coopertwo said:
I'm surprised by this, does it mean you can build anything you like and as long as nobody complains about it for 4 years you're home and dry ?
Pretty much, yes.

trickywoo

11,754 posts

230 months

Wednesday 28th October 2020
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To take some workload off the poor chap I take the liberty of quoting the great man below.

Equus said:
The four year rule applies to all buildings. It's 10 years for land use.

To explain: if you have an existing house, the curtilage is already established as 'residential use'.

If you erect a building within the curtilage and use it for purposes 'incidental to the enjoyment of the house' (ie. the building is used for something that the land has already got permission for - and a domestic garage would be acceptable in that regard), then after 4 years the building would become 'lawful'.

If you erected the same domestic garage, or a house, on an open field (which would have agricultural land use), you're not merely adding a building to the existing use, you're actually changing the use of the land... and in that situation it takes ten years, without enforcement action, for the use to become lawful.

Coopertwo

Original Poster:

5 posts

42 months

Wednesday 28th October 2020
quotequote all
Thanks very much.

Equus

16,852 posts

101 months

Wednesday 28th October 2020
quotequote all
The other major caveat is that the get-out-of-jail-free card is null and void if you've attempted to conceal the building.

You could try telling the Planners that it's had bales of straw stacked in front of it for the last 5 years, so you've only just noticed it.

Coopertwo

Original Poster:

5 posts

42 months

Wednesday 28th October 2020
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The Fidler Clause. smile

That was the limit of my planning education.

BoggoStump

315 posts

49 months

Wednesday 28th October 2020
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So a wooden shed needs planning permission if it is within a metre of the boundary? never knew that.

itlab

142 posts

63 months

Wednesday 28th October 2020
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BoggoStump said:
So a wooden shed needs planning permission if it is within a metre of the boundary? never knew that.
only If its over 2.4m high

most sheds are 2.4 or less

Equus

16,852 posts

101 months

Wednesday 28th October 2020
quotequote all
itlab said:
BoggoStump said:
So a wooden shed needs planning permission if it is within a metre of the boundary? never knew that.
only If its over 2.4m high

most sheds are 2.4 or less
banghead

Gods, I wish I earned a tenner for every time I had to correct statements on these rules, on here.

It's within two metres of the boundary and it's 2.5m. high.

And it doesn't matter (so far as Planning is concerned) whether the shed is made of wood, brick, or gingerbread thatched with mermaids' pubic hair. A shed is a shed.

TriumphStag3.0V8

3,820 posts

81 months

Wednesday 28th October 2020
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And as long as it is less than 30m2 Internal floor area, and not in front of the front elevation of the house.

Equus

16,852 posts

101 months

Thursday 29th October 2020
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TriumphStag3.0V8 said:
And as long as it is less than 30m2 Internal floor area, and not in front of the front elevation of the house.
bangheadbanghead The 30m2 thing (like the 1m from boundary thing) is Building Regulations, not Planning.

There are also other rules, some of which only apply in certain circumstances, but let's try to get the very basics into peoples' thick skulls before we confuse things further?

trickywoo

11,754 posts

230 months

Thursday 29th October 2020
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This should be a sticky at the top. There are going to be more and more questions.

That being said I was hopefully being helpful quoting Equus earlier. He’s one of very few people on here who know what they are talking about and spend the time to explain. I found that quote after less than 30 seconds on a google search for planning 4 year rule.

If we aren’t going to have a whip round for him let’s at least do a quick google before posting.

BobSaunders

3,031 posts

155 months

Thursday 29th October 2020
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Agreed for a sticky.

Joe M

672 posts

245 months

Friday 30th October 2020
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To be fair, if it wasn't a problem for you 5 years ago because you liked the neighbour, you should just learn to live with it. I'm with the law on this one.