How strictly do councils enforce permitted development breaches?

Better_Days

Our NDN has a fairly long garden, the boundary of which runs along our garden and the garden of a neighbour, which backs onto the bottom of our garden,

The NDN is in the process of building a substantial barn / garage along our boundaries, which appears to be the max permitted of 4 m high at the apex for PP and 30 m squared for BR. The barn / garage is being clad in green corrugated metal panels, is overbearing, not a thing of beauty, and likely to adversely affect neighbours property values (although I appreciate this is not a planning consideration). There are listed buildings nearby, but the NDN property is not listed, and neither is mine, nor the other neighbours. It's a rural area, in a small village.

Having checked the planning portal it seems to me that this structure should be at least 2m from the boundary, but it is actually less than 1m. https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

Does anyone have any experience of how rigorously a breach of this nature would be dealt with by the council? On their website they state that what they consider to be 'trivial breaches' will not be pursued, and I'm wondering if the breach of this nature would be considered to be trivial.

Dan-Dan

Phone them and ask?

Better_Days

Dan-Dan wrote: »

Phone them and ask?

I have and they wouldn't say, so I just wondered if anyone had come across a similar situation.

Tygermoth

As short as the reply above is... its worth giving them a call or dropping them a line.


I just emailed with a gentle enquiry (with photos) and they were great and within three or so days I was advised my enquiry had been escalated to an enforcement officer.

Hoploz

If they are doing it under PD and it doesn't comply with the rules I think the next step would be for them to be asked to apply for planning permission instead. Then you and the planning dept would have a say. They may or may not get it.

It'd be best to report the breach sooner rather than later as if it's finished it'll presumably be more effort to move or remove.

Hoploz

Additionally, I believe you are meant to use matching materials under PD so perhaps the corrugated cladding would not suit ... But I would have to re-read the document to be sure whether that is only extensions, r whether it applies also to outbuildings.

Dan-Dan

Better_Days wrote: »

I have and they wouldn't say, so I just wondered if anyone had come across a similar situation.

Every council will likely have different policies, only way to be sure is to get them involved sooner rather than later

Better_Days

Hoploz wrote: »

Additionally, I believe you are meant to use matching materials under PD so perhaps the corrugated cladding would not suit ... But I would have to re-read the document to be sure whether that is only extensions, r whether it applies also to outbuildings.

Thanks for this point. Couldn't see anything in the guidance regarding cladding for outbuildings, certainly it would be much less of an eyesore if it was clad in the manner of local barns with a tile roof. But that would no doubt substantially increase the cost. However, if the council do require that PP is applied for, then cladding may well come into it.

Ithaca

Our neighbour's planned two-story extension doesn't quite* meet the 45-degree rule but it would involve huge additional cost and/or a strange-looking design to bring it into line, so the Council said they wouldn't look to enforce it.

*There's a current single-story extension which is OK but you measure from a different part of the window for two stories which means the notional 45 degree line would cut off 1-2 bricks from the rear of their property.

princeofpounds

So generally they will look into things if a complaint is received, but the next step would often be retrospective planning permission, which the structure still might pass.


Some people say that planning authorities are a bit less strict on retrospective decisions, acknowledging the cost it can cause to change structures. This is why you get things like the old traveller trick of tarmacking fields on a long bank holiday and claiming them as an established residence on the Tuesday when the planning offices reopen. Or the chap who built the castle in the haystack (and is only now taking it down 10 years later).

DRP

Better_Days wrote: »

Thanks for this point. Couldn't see anything in the guidance regarding cladding for outbuildings, certainly it would be much less of an eyesore if it was clad in the manner of local barns with a tile roof. But that would no doubt substantially increase the cost. However, if the council do require that PP is applied for, then cladding may well come into it.

our extension is built under PD (with a lawful development cert), and is finished in render, whilst the house is stone.

So i don;t think they are that strict with the 'similar appearance' requirement.