Planning enforcement notice

justjust

Hi
I have just received a planning enforcement notice from Stafford borough council to remove a garden gazebo and shipping container from within my curtilage, I have until the 11th April to comply or appeal.
The property is a barn conversion and the right for permitted development removed, after 3 years a neighbour lodged a complaint.
The gazebo is a built structure (metal bolt together) so I will have to comply here unless someone could tell me otherwise but as the container is not built I wasn't sure to its status. Is it a mobile structure that can be picked up and moved therefore exempt?
In any case I understand (please correct me if I'm mistaken) I could put it on a trailer (or on wheels?) and would then be exempt.
What would happen to the enforcement notice?
As long as I could demonstrate if necessary that it can indeed be moved would that be enough to satisfy planning / enforcement?
If it canbeclassed as a mobile structure could it be worth appealing the enforcement?

Thanks
Justin

Doozergirl

The planning portal refers to 'containers' in the rules on outbuildings.
http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/


Just because you have PD rights removed, it doesn't mean you can't apply for PP. Not sure how successful a shipping container will be, but it's worth a conversation to see what might be.

justjust

Doozergirl wrote: »

The planning portal refers to 'containers' in the rules on outbuildings.
planningportal.gov.uk/permission/commonprojects/outbuildings


Just because you have PD rights removed, it doesn't mean you can't apply for PP. Not sure how successful a shipping container will be, but it's worth a conversation to see what might be.

Apologies i forgot to mention that they refused planning on both items based on part E of the T&C act.
I had a meeting with an officer yesterday explaining it is my intention to put the container in a trailer, what I need to know is where that leaves me legally?
Ideally I was hoping I could appeal being a portable structure and not have to trailerise it. Time is running out and I need to do something.

stator

One of my old neighbours had a shipping container at the end of his garden. It was an eye sore that spoiled the whole neighbourhood.

saverbuyer

stator wrote: »

One of my old neighbours had a shipping container at the end of his garden. It was an eye sore that spoiled the whole neighbourhood.

Yep. Looks like crap. Get rid of the SC.

Doozergirl

stator wrote: »

One of my old neighbours had a shipping container at the end of his garden. It was an eye sore that spoiled the whole neighbourhood.

Sometimes it is about being a good neighbour.

Putting something on wheels is only going to antagonise people. It really can't look great if even the planning office have been moved to enforce against it.

I'm sure planning could be granted for something more aesthetically appropriate for storage purposes.

teneighty

It has been a while since I have dealt with it but it used to be a "portable" structure like a caravan could only be sited for 28 days after which it is considered static. Simply putting wheels on something will not help, a mobile home with wheels still needs planning for example.

It is the siting and use of the structure that matters. By your own admission it has been static in your garden for 3 years. So it needs planning permission which has been refused so you can only appeal the enforcement action if you think you have planning grounds why the "permanent" structure should be granted planning permission.

justjust

It's actually set into the side of a hill in front of retaining wall and fence, in half an acre the 3rd side view is blocked by an old willow tree and you can only see the 4th long side from within the curtilage. The enforcement officer had been to neighbouring properties numerous times over a 10 year period and had never noticed it. Aesthetically it bothers no one as they cannot see it, but that means nothing right....
I have been present at 2 refusal appeals over garden sheds where both appeals were passed in the grounds the sheds could be put into a trailer and therefore became exempt. I was hoping somebody may have some experience or knowledge of this?

phil24_7

Dig it into the ground and have a set of steps down to it!

Hoploz

What did the planning officer say when you suggested putting it on wheels?