Neighbour’s monster shed intrusion heaps misery on couple – The Crusader
The intrusive wooden monstrosity that now looms over Geoff and Jean Morris’ garden has left them incensed and feeling depressingly powerless.
“The noise from the work has been going on for two years. It seemed to begin as pergola, but is now more like an actual building,” they told Crusader.
“It towers over our garden cutting out our light, we have never consulted about planning or permissions. Our funds won’t stretch to a solicitor and other efforts have fallen on stony ground so far so we don’t know what to do.”
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Rows between neighbours may make fascinating TV at times, but in reality they can blight the lives for years of those caught up in battles where often there are no winners.
There’s no question Geoff and Jean have legal rights, but where it all often comes apart is when enforcing them if there has been a breach.
As to the law the first thing always to check is how high and close is the rogue building, says qualified solicitor Nicholas Jervis who runs nationwide legal group Solicitors Near Me (https://www.
The structure “must not be within two metres (6.5ft) of the boundary and it must not exceed 2.5 metres (8.2ft) in height,” he explains.
If it is more it would not fall within the Permitted Development Rights (PDRs) for outbuildings.
After changes to regulations, these allow the improvement or extension of homes without the need to apply for planning permission in cases where that would be out of proportion to the impact of the works carried out.
But Jervis warns if not near the boundary other rules include: for domestic use only; not to a front wall of the property; not more than 50 per cent of the garden size; and single storey only with maximum eaves of 2.5 metres (8.2ft) and maximum overall height of four metres (13.1ft) with a dual pitched roof of three metres (9.8ft).
Good preparation just in case of problems, even if you think it might not ever be necessary, is no bad thing.
That begins by knowing who your neighbours are and being on amicable terms if possible with them. If they remain strangers, knowing who owns the property by checking with HM Land Registry is a wise move.
The next step is keeping an eye on building work from when it begins, rather than when finished.
If you have an objection and think PDRs have been breached, you need to notify your local authority’s planning department which has a range of enforcement powers.
This however can be a slow business, as Geoff is finding.
This could lead to an enforcement action by the authority and the steps it requires to be taken for a remedy. Generally, however, development becomes immune from enforcement after four years if no action is taken.
Other than the planning authority, there is court which would need a specialist dispute/planning solicitor and the expense could rule that out.
Crusader is supporting the couple in its bid to get its local authority to support them. “Otherwise we will try to move, although that will be difficult,” adds Geoff.
“Once lawyers are involved the long-term neighbour relationship is usually damaged beyond repair,” observes Jervis. “If there is ongoing friction, then there will be problems on selling as the seller will have to detail the fallout with the neighbour, and the legal costs.”
Geoff and Jean’s names have been changed.
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