Neighbour has extended their garage on uneven ground and is 3.8m high on the boundary

hettyGreek

My neighbour has double the length of their garage. They've built it much further back in the sloping ground and built up the low-level parts to be as high as the highest part, if that makes sense.

The brick built structure is 3.8 meters at it's the highest part, but because that is just filled in / foundations does that count as the height of the building? It's now meaning lots of my garden is covered in shade and they didn't get PP. I see from the law the highest it's allowed to be is 2.5 meters, but not sure if that will include or exclude the built up foundations.

Doozergirl

2.5 meters is permitted development for the height of the eaves within a metre of the boundary (off the top of my head) and it can't really be anything other than from the ground, otherwise we'd all have massive tall structures in the back garden.

Take some photos and send it over to the planning office. They'll tell you if it needed planning permission and contact your neighbour, if appropriate.

It may be allowed under a full planning application, so just because it doesn't meet the criteria of permitted development it doesn't mean it may not be allowed at all. It's one for the planners.

moneyistooshorttomention

Guessing it would be as well to tell them the size of garage extension and size of the plot of land. There might just be a chance that it's bigger than "permitted development" would allow for.

the_lunatic_is_in_my_head

These are the requirements for outbuildings and permitted development, if any are not met then my understanding us planning would be required:

https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

No outbuilding on land forward of a wall forming the principal elevation.
Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
No verandas, balconies or raised platforms.
No more than half the area of land around the "original house"* would be covered by additions or other buildings.
In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres.
On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
Within the curtilage of listed buildings any outbuilding will require planning permission.
*The term "original house" means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

*Designated land includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites.

Please note: The permitted development allowances described here apply to houses and not to:

Flats and maisonettes (view our guidance on flats and maisonettes)
Converted houses or houses created through the permitted development rights to change use (as detailed in our change of use section)
Other buildings
Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights.

the_lunatic_is_in_my_head

Just to add there's a note on building regs as well:

https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings/2

Building a detached garage of less than 30 square metres floor area would not normally need building regulations approval if:

the floor area of the detached garage is less than 15 square metres.
the floor area of the garage is between 15 square metres and 30 square metres, provided the garage is at least one metre from any boundary, or it is constructed substantially of non-combustible materials.

Alias_Omega

I suspect here that the land the garage is built upon is sloped upwards.

The garage will be 2.5m high, at the boundary, however elsewhere its larger as the land falls away.

Potentially it could be compliant, if its 2.5m at the boundary

Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.

Here is an example picture...

hettyGreek

Thanks all for your replies! It looks like it is allowed as they use the lowest point at which the structure starts on the sloping ground as the natural ground level. Seems ridiculous!

See this #2 for an example of how it looks - https://planningjungle.com/wp-content/uploads/Part-1-of-the-GPDO-The-10-Worst-Permitted-Development-Loopholes.pdf