Nuisance pub next door

Paul_Baldwin

Cheers Matto. I may well use that after the council confirms things :beer:

Maninthestreet. Tell me about it, thats after I'd told them they couldnt fix the posts to the wall too They had to use a goalpost design as I told them they would have to floor mount the posts. How I'm meant to paint the wall behind it is another problem.

matto

If they did change it then you would probably have to rely on the planning dept. of your local council taking enforcement action which they may not be keen on doing, although environmental health may still be an option if there is noise or smoke pollution.

Ask the planning department of your local council for their reasons for recommending grant of the planning application.

Were the gates included on the planning application?

Paul_Baldwin

Ive emailed planning yesterday outlining some of the issues I have but as yet have had no response. Building control said " The works to the ******* was overseen by an Approved Inspector and not dealt[FONT=&quot] with by this authority."
I havent contacted the approved inspector yet to ask why they passed it.
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matto

Building control is a different area which just makes sure the construction is safe and in accordance with building regulations. They are unlikely to care if it's not to plan.

If you get the reasons for recommending grant you may be able to determine whether they considered light and smoke pollution issues. If they did not then you might be able to make a complaint to the local government ombudsman.

Paul_Baldwin

Ok, so as the structure is sound I dont need to contact building control again then. Looks like I'll have to wait for someone in the planning dept to contact me and confirm if the smoking shelter is legal as far as they are concerned?
Ive just sent an email to the punch manager saying Ive contacted environmental health as he suggested and sent him a link to http://www.spab.org.uk/ so he can get help/advice and maybe even approved contractors to get the paint removed.

Biggles

Paul_Baldwin wrote: »

That is my worry if they change it to suit.

I don't think just shortening the roof beams would do. As I quoted before from the Regs:-
"Roof" includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning" http://www.opsi.gov.uk/si/si2006/20063368.htm.

Note the words "or part".

robwend

god they can even tap on your window!! thats well bad

pinkthinks

Tap on the window?! Christ on a bike - they could reach in & nick your fairy liquid!! Thanks for the pictures Paul, when I first read your post this wasn't what I imagined at all.

Keep on to the planning department & I hope all goes well for you.

Biggles

pinkthinks wrote: »

Tap on the window?! Christ on a bike - they could reach in & nick your fairy liquid!

To be fair, though, that was always the situation. But I'm surprised they've allowed it to be roofed over, cutting light to your window. Was your window on the plan that went to the planners? If not, maybe you have a chance of getting it reversed.

Edit: Sorry, I see in Post 39 you said the window wasn't on the plans. I think you should maybe hammer that point to the planners (as well as several others). There's obviously a possibility it was left off deliberately. (Surely not?)

maninthestreet

Paul_Baldwin wrote: »

Cheers Matto. I may well use that after the council confirms things :beer:

Maninthestreet. Tell me about it, thats after I'd told them they couldnt fix the posts to the wall too They had to use a goalpost design as I told them they would have to floor mount the posts. How I'm meant to paint the wall behind it is another problem.

That chunk knocked out of the wall is criminal damage.