Loads of smoke- neighbour applying for retrospective planning permission. Will this be granted?

-taff

https://forums.moneysavingexpert.com/discussion/5910923

PasturesNew

Davesnave wrote: »

Sod that, I'm the one who does the hoovering!

That's why you might prefer to keep them outside in an "entertainment space", complete with pizza oven.

Davesnave

PasturesNew wrote: »

That's why you might prefer to keep them outside in an "entertainment space", complete with pizza oven.

They'll still need the bog....:p

FreeBear

Davesnave wrote: »

They'll still need the bog....:p

Composting pit loo outside..

AlexMac

I assume you mean that they have now Submitted an Application and you have either been formally consulted by the Local Council Planners or have picked this up from a site notice or the Council website?

Either way, you can object in writing; usually via a tab on their planning website once you find the specific application, or in my area, by email or letter to the case officer (the fact that it's retropspective merely means they have been told that they should have applied; it doeasn't pre-judge the outcome).

Don't be emotional and trowel on the "Material planning considerations"; https://www.planningportal.co.uk/faqs/faq/4/what_are_material_considerations
and mention any other concerns; proximity, visual blot, the fact that they have placed it so far from theit house that they consider it a nuisance, that they failed to conduct reasonable informal neighbour consultation...

Also may be worth stoking up neighbours; in my Council, unless 8 people object it doeasn't even have to go to Planning Committee of Elected Councillors, but the Planning Officers decide and could pass it on the nod.

Check if you live in a "Conservation Area" and mention that too

Maybe also try to get some other local environmental activists to object on eco grounds (try the library for Green or environmental groups, and your local Amentity Society).

Canvass your Ward Councillors - get their cotact from the Council website; ring and email them

But get a move on- there's usually a short deadline

fairy2

moneyistooshorttomention wrote: »

Planning rules mean it's not possible to have a building/structure over 2.5 metres high within a certain distance of a boundary with a neighbour. I know - because I checked the garden shed I had decided to put in was under that height - as I had decided to put it up against boundary with an awkward neighbour and I wanted to make sure they couldnt complain about it.

I'd be getting out my rule to measure the exact height of this structure - to see if it's over 2.5 metres tall.

I can't quite recall the relevant distance from the boundary for any structure over that height - so you'd need to clarify on that ("think" that distance might be 2 metres away from boundary???).

EDIT; Rather daft of the neighbour to "do it first and then ask for retrospective planning permission" - as Councils have been known to have a whole house demolished because it didn't fit in with planning rules.

Do you think they have had advice ? I say this as the height of the structure is 2.375m but then had chimney coming out of roof but still think it wil be under the 2.5m. Will double check chimney height but the small difference in chimney height makes little difference in reality if it is chucking out same quantity of smoke.

fairy2

Davesnave wrote: »

There is half a story here.



How did you find out that PP had been applied-for, and is it being sought because someone has complained?


Use on a daily basis suggests the neighbour either likes pizza a great deal, or they're running some kind of cottage industry. Food businesses have to meet certain standards for hygiene, so that is another avenue to investigate.

Found out about pp as planning department contacted us when retrospective pp sought. Yes someone else had complained. No they are not running a business - when the weather is not poor they seem to eat ot here every day either pizza or BBQ.

moneyistooshorttomention

fairy2 wrote: »

Do you think they have had advice ? I say this as the height of the structure is 2.375m but then had chimney coming out of roof but still think it wil be under the 2.5m. Will double check chimney height but the small difference in chimney height makes little difference in reality if it is chucking out same quantity of smoke.

They may well have had advice - but its height could be that level by coincidence (as I found my shed I had decided on was coincidentally just over 2 metres tall).

One thought that strikes me is that I know in my own case I measured the height straight up from the ground to top of the shed and didn't have to take account of the "lie of the land" - as my garden and Awkward Neighbours garden are exactly level with each other.

Are your two gardens exactly level with each other? I'm wondering if their garden is higher than your garden and, if so, whether the height of the slope would have to be counted in with the height of the structure iyswim??

I don't know how these things are in that respect - but I can see that, for instance, if a neighbouring garden was set 1 metre higher than one's own garden that a combination of the higher neighbouring ground and a structure of even 1 cm higher than 1.5 metres would come to a total of more than 2.5 metres in height iyswim.

I know what I mean - but not quite sure on the best way to explain it:rotfl:.

So - what I don't know is whether ground height comes into it if the two plots aren't level with each other.

Davesnave

moneyistooshorttomention wrote: »

So - what I don't know is whether ground height comes into it if the two plots aren't level with each other.

Ground height is measured from the natural ground level where the structure is situated. If it were not, and a 1m difference existed, someone erecting decking would only have permitted development rights to build it 0.7m underground!

Davesnave

fairy2 wrote: »

Found out about pp as planning department contacted us when retrospective pp sought. Yes someone else had complained. No they are not running a business - when the weather is not poor they seem to eat ot here every day either pizza or BBQ.

Well that's at least two households finding it a nuisance, which helps, though whether the council can enforce anything is another matter.