Is this allowed? Planning?
Discussion
Hi Guys,
A little advice needed before I look into taking this further. Our house backs onto a school and as such we don't have a back garden just the school grounds! Today we come home to find they have arrected a bicycle shed type of arrangement at the back of our house within plain view of all the windows (upstairs only as no downstairs windows). The shed must be approximately 5metres x 3metres and about 2.5metres high at the top. I have hopefully attached a pic with this all in it and my house. The shed is at most 3 feet from the back of the house and as such causes problems for when we may wish to do work on the house! Any one know if planning should of been sought? Will be on to planning people asap.
Many thanks
Peter
A little advice needed before I look into taking this further. Our house backs onto a school and as such we don't have a back garden just the school grounds! Today we come home to find they have arrected a bicycle shed type of arrangement at the back of our house within plain view of all the windows (upstairs only as no downstairs windows). The shed must be approximately 5metres x 3metres and about 2.5metres high at the top. I have hopefully attached a pic with this all in it and my house. The shed is at most 3 feet from the back of the house and as such causes problems for when we may wish to do work on the house! Any one know if planning should of been sought? Will be on to planning people asap.
Many thanks
Peter
Where is the boundary?
You may have a 'right to light' claim but it's a specialist area that may cost £££'s to sort out - although a specialist Chartered Surveyor may give a 'free' initial consultation.
Rather than Planning, I'd be looking at the deeds to see what rights - if any - you have to access the rear of your property.
This could be a very complicated area and I think you'd be better off getting some formal advice. Being blunt the building looks like a crappy position to be in.
You may have a 'right to light' claim but it's a specialist area that may cost £££'s to sort out - although a specialist Chartered Surveyor may give a 'free' initial consultation.
Rather than Planning, I'd be looking at the deeds to see what rights - if any - you have to access the rear of your property.
This could be a very complicated area and I think you'd be better off getting some formal advice. Being blunt the building looks like a crappy position to be in.
Schools obtain planning permission from the County Council rather than District Council, so you would need to check the County Council records
There should have been consultation, unless the small scale of the development is within permitted development or if the bicycle shed was considered 'street furniture' and no planning permission was sought or required
There's no rights of light issue here by the way
You have a legal right to access to maintain your wall, and the adjoining owner has no right to withhold maintenance access unreasonably
If the bike shed severely restricts your access to maintain your wall (no room to lean a ladder), you might want to speak with the School and ask that they move the shed sufficiently forward to allow ladder access. If you are stuck with only using a scaffold to bridge the bike shed whilst maintenance is done, it will cost you a lot of money. Whether you can argue that the school has behaved unreasonably in deliberately restricting maintenance access is hard to say
Seems that the School haven't been a terribly considerate neighbour, regardless of planning law. Maybe time for a friendly chat initially with the Headmaster to explain any problems it causes you?
There should have been consultation, unless the small scale of the development is within permitted development or if the bicycle shed was considered 'street furniture' and no planning permission was sought or required
There's no rights of light issue here by the way
You have a legal right to access to maintain your wall, and the adjoining owner has no right to withhold maintenance access unreasonably
If the bike shed severely restricts your access to maintain your wall (no room to lean a ladder), you might want to speak with the School and ask that they move the shed sufficiently forward to allow ladder access. If you are stuck with only using a scaffold to bridge the bike shed whilst maintenance is done, it will cost you a lot of money. Whether you can argue that the school has behaved unreasonably in deliberately restricting maintenance access is hard to say
Seems that the School haven't been a terribly considerate neighbour, regardless of planning law. Maybe time for a friendly chat initially with the Headmaster to explain any problems it causes you?
Hi, Thanks for the replies. Sorry about the sideways photo posts I didn't check before I put them up. Planning was granted as a new school has been built but the bike shed is not where it is on the plans, no where near in fact! And yes the main problem we have is that our deeds expressly mention that we are entitled to access to the school land to maintain our property. With the bike shed in its current position you cannot put a ladder up to access any first story windows or the guttering or roof without scafolding. On top of this it is a montrosity, not that that will help my argument much. I have spoken to the county council and the planning dept about my concerns, in a very polite manner so far, and they are coming out to look at it. My worry is that, being a council development, it will be a you scratch my back deal and the small man will get shafted. Any more advice greatly appreciated.
Peter
Peter
It's best to always put everything in writing and take notes of conversations on the phone or in person too
Confirm in writing that the shed is not located as indicated on the consented application plans and request that they relocate it immediately to the consented position (assuming that it does not restrict your maintenance access). Refer to your title deeds regarding access and explain that this shed currently restricts your access
A planning officer has the right to approve minor amendments to approved applications without wider consultation, but any request to move the shed from the approved location should have been requested in writing by the architects in advance (often doesn't happen though). Have you established if any variation request has been made or approved?
There's probably no malice on anyone's part, but just a lack of awareness and consideration
If they say they won't move it, tell them that you will be making formal complaints to your local Councillor, the planning committee, Chief Planning Officer, and local government ombudsman, whilst your solicitor deals with the breach of your title deed agreement. They don't want hassle and complaints, and ought to back down. Tell the school if needs be, as they might not have a clue and might help if they thought they're upsetting their neighbours
Do not give an inch and make sure they realise that you're not someone to be mucked around
Confirm in writing that the shed is not located as indicated on the consented application plans and request that they relocate it immediately to the consented position (assuming that it does not restrict your maintenance access). Refer to your title deeds regarding access and explain that this shed currently restricts your access
A planning officer has the right to approve minor amendments to approved applications without wider consultation, but any request to move the shed from the approved location should have been requested in writing by the architects in advance (often doesn't happen though). Have you established if any variation request has been made or approved?
There's probably no malice on anyone's part, but just a lack of awareness and consideration
If they say they won't move it, tell them that you will be making formal complaints to your local Councillor, the planning committee, Chief Planning Officer, and local government ombudsman, whilst your solicitor deals with the breach of your title deed agreement. They don't want hassle and complaints, and ought to back down. Tell the school if needs be, as they might not have a clue and might help if they thought they're upsetting their neighbours
Do not give an inch and make sure they realise that you're not someone to be mucked around
Ha ha, I thought that small bench was a window!! D'oh.
I wouldn't put much faith in your legal right for access to neighbouring land. Although the legislation is now a couple of years old it has never been 'tested'. There are several reasons for this that are relvant.
If the deeds allow access for maintenance, how are these worded - both properties will need matching/corresponding covenants. I very much doubt it will specify the type of access or the cost implications. In fact I would suggest that they state that you are to provide all access equipment required at your cost.
I don't think there'll be a Planning route to resolving this. Simply put, they are errecting an outbuilding wholely on their property which they are allowed to do under PD - that is the use, size and position of the sheds would fall under PD if they have PD rights. That's if the sheds are considered an outbuilding rather than furniture (see above post).
I wouldn't put much faith in your legal right for access to neighbouring land. Although the legislation is now a couple of years old it has never been 'tested'. There are several reasons for this that are relvant.
If the deeds allow access for maintenance, how are these worded - both properties will need matching/corresponding covenants. I very much doubt it will specify the type of access or the cost implications. In fact I would suggest that they state that you are to provide all access equipment required at your cost.
I don't think there'll be a Planning route to resolving this. Simply put, they are errecting an outbuilding wholely on their property which they are allowed to do under PD - that is the use, size and position of the sheds would fall under PD if they have PD rights. That's if the sheds are considered an outbuilding rather than furniture (see above post).
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff