Informal Planning Advice prior to Complaint?

Informal Planning Advice prior to Complaint?

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JQ

5,733 posts

179 months

Friday 20th July 2018
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youngsyr said:
Is it possible to get independent planning advice from a surveyor etc?
Yes, lots of independent planning consultants about, one of those would likely be better than a surveyor. Try googling for your local area.

Bullet-Proof_Biscuit

1,058 posts

77 months

Friday 20th July 2018
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It would appear your neighbour is a selfish arrogant c**t therefore you are merely responding appropriately.

'They ignored me more than once' summed it up for me imho.

I would hire the biggest camera I could and blatantly photograph them and their mates, just before reporting to the authorities as above, and wait for the music.

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
quotequote all
JQ said:
youngsyr said:
Is it possible to get independent planning advice from a surveyor etc?
Yes, lots of independent planning consultants about, one of those would likely be better than a surveyor. Try googling for your local area.
Thanks, just called a local one. He's out for lunch, but I'll have a chat and see if he can visit for a reasonable amount of money and give us a professional verdict.

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
quotequote all
Bullet-Proof_Biscuit said:
It would appear your neighbour is a selfish arrogant c**t therefore you are merely responding appropriately.

'They ignored me more than once' summed it up for me imho.

I would hire the biggest camera I could and blatantly photograph them and their mates, just before reporting to the authorities as above, and wait for the music.
As tempting as it may be, I'd prefer to be as reasonable as possible about it. At least if it's clear they've breached planning then they can't just argue that it's me being a NIMBY neighbour.

Venom

1,854 posts

259 months

Friday 20th July 2018
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Every LPA in the land is required to take an objective view on impact on amenity, of which privacy is a key material consideration. Their policies might be worded slightly differently, but they all mean the same thing in effect.

In the case of decking, there's plenty of case law that sits in your favour to argue that the neighbours needed planning for this. On a sloping site, the wording of the legislation does allow some degree of interpretation, but appeal inspectors invariably defer to the spirit intended by the legislation, namely that a structure is permitted development (i.e. doesn't need planning permission) where the effects are not likely to give rise to significant effects on neighbouring properties, without prior formal assessment of those effects. In this case, it would take a complete donut of a case officer to pick an arbitrary point of ground level and use that as the basis for arguing a structure doesn't need permission.

I say grass 'em up. If you've tried the approach of talking to them directly with no joy, it's not like they really give a st what you think, and therefore they've already trampled on the neighbourly spirit line.

JQ

5,733 posts

179 months

Friday 20th July 2018
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youngsyr said:
Thanks, just called a local one. He's out for lunch, but I'll have a chat and see if he can visit for a reasonable amount of money and give us a professional verdict.
Yep, just get an hourly rate or fixed fee agreed on the basis that it's just advice and you don't actually require them to do anything. They may be happy to do it from the comfort of their office with a few good quality photos and measurements from you.

dickymint

24,260 posts

258 months

Friday 20th July 2018
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Judging by OP’s description of this “deck” i’d Say that building regs would not only require a balustrade but also require structural calculations for it?

dickymint

24,260 posts

258 months

Friday 20th July 2018
quotequote all
JQ said:
youngsyr said:
Thanks, just called a local one. He's out for lunch, but I'll have a chat and see if he can visit for a reasonable amount of money and give us a professional verdict.
Yep, just get an hourly rate or fixed fee agreed on the basis that it's just advice and you don't actually require them to do anything. They may be happy to do it from the comfort of their office with a few good quality photos and measurements from you.
I wouldn’t spend a penny on that - just dob him in. Planning will pop round to see it and you discretely without your neighbour even knowing.


Edited by dickymint on Friday 20th July 14:00

Little Lofty

3,288 posts

151 months

Friday 20th July 2018
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There are different rules depending if it’s attached to the house or freestanding. The 300mm rule is taken from the highest existing point, so it could be 300mm at one end and 2000mm at the other and it would comply. By the sounds of this one it would fail due to its total area, especially if it’s attached to the house. BC have little interest in decking from my experience. Decking is a bit of a minefeild, only one persons opinion will count in this matter and that’s the enforcement officer, little point in speaking to anyone else.

Busa mav

2,562 posts

154 months

Friday 20th July 2018
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If you complain to the council, and they agree that it needs planning, the first thing they will do is write to the neighbour and invite him to submit a retrospective householder planning application.

This can drag on for many months or even a year.


From what you have described, it certainly does need planning and you will end up falling out with the neighbour.

Personally, I wouldn't be accepting any screening as a halfway house.

dickymint

24,260 posts

258 months

Friday 20th July 2018
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Little Lofty said:
There are different rules depending if it’s attached to the house or freestanding. The 300mm rule is taken from the highest existing point, so it could be 300mm at one end and 2000mm at the other and it would comply. By the sounds of this one it would fail due to its total area, especially if it’s attached to the house. BC have little interest in decking from my experience. Decking is a bit of a minefeild, only one persons opinion will count in this matter and that’s the enforcement officer, little point in speaking to anyone else.
From the OP’s description (and we really do need to see a photo - can’t be that hard to not show where it is) it would fail dismillly on privacy.

bobtail4x4

3,715 posts

109 months

Friday 20th July 2018
quotequote all
dickymint said:
Judging by OP’s description of this “deck” i’d Say that building regs would not only require a balustrade but also require structural calculations for it?
a deck is exempt B Regs normally

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
quotequote all
bobtail4x4 said:
dickymint said:
Judging by OP’s description of this “deck” i’d Say that building regs would not only require a balustrade but also require structural calculations for it?
a deck is exempt B Regs normally
When does a deck stop being a deck though? This one has breeze block supporting courses below it several feet high.

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
quotequote all
dickymint said:
JQ said:
youngsyr said:
Thanks, just called a local one. He's out for lunch, but I'll have a chat and see if he can visit for a reasonable amount of money and give us a professional verdict.
Yep, just get an hourly rate or fixed fee agreed on the basis that it's just advice and you don't actually require them to do anything. They may be happy to do it from the comfort of their office with a few good quality photos and measurements from you.
I wouldn’t spend a penny on that - just dob him in. Planning will pop round to see it and you discretely without your neighbour even knowing.


Edited by dickymint on Friday 20th July 14:00
How would they be able to inspect the deck without getting access to the neighbour's garden?

anonymous-user

54 months

Friday 20th July 2018
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youngsyr said:
How would they be able to inspect the deck without getting access to the neighbour's garden?
From the OPs garden.

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
quotequote all
So, a couple of pictures to help visualise (nb: that travesty of a fence was put in at the same time, replacing a much nicer one that we'd put in for the previous neighbour which was also 1 ft higher with 1 ft less of concrete barge board):


Edited by youngsyr on Monday 23 July 09:07

anonymous-user

54 months

Friday 20th July 2018
quotequote all
youngsyr said:
So, a couple of pictures to help visualise:
Seriously - just ring planning enforcement.

If they decide not to enforce then pay for some advice.

If nothing else it looks a bit dangerous.

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
quotequote all
desolate said:
youngsyr said:
So, a couple of pictures to help visualise:
Seriously - just ring planning enforcement.

If they decide not to enforce then pay for some advice.

If nothing else it looks a bit dangerous.
Tried the planning consultant again, he's out on site apparently, so have dropped him a note with those pictures.

I wholeheartedly agree that it is dangerous - especially considering they have an 18 month old child, but then again I've given up trying to understand their thoughts, because they seem to be the opposite of mine on a lot of issues.

youngsyr

Original Poster:

14,742 posts

192 months

Friday 20th July 2018
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KAgantua said:
no pics?
Can you not see them? They're working fine on my laptop.

JQ

5,733 posts

179 months

Friday 20th July 2018
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WOW. The height of the BBQ demonstrates how intrusive that must be. It's like they're standing on top of your fence.

That would annoy the crap out of me.
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