Neighbour's garden structure

Yorkie1

I'm just sense checking with the MSE mind here.

My Mum's neighbour is starting to build what I think might be an outdoor kitchen in his back garden. It will be - again I think - open sided, with a flat slatted top. The posts are in position, about 8' high so far and will have the roof and some extra rails on top if what my Mum has reported from her discussions with the neighbour is correct.

It will be immediately next to my Mum's fence, blocking out some light (the top of the posts are already about perhaps 12-18" above the height of the fence) and her view of the sky (it's not a big garden). Mum is upset about this and I am trying to talk her down ...

My initial thoughts are that as it's an open sided structure, there aren't any rules about height / distance from the fence. Nor any specific rights to light that may be relevant.

But I'd be glad of confirmation or contradiction either way, if anyone has any thoughts.

Thanks.

Brie

As I understand it there is no "right to light" which so many people seem to count on.

MayDogsandCoffee

The best thing to do would be discussed with local council planning or parish / town council who get first sight, I believe if it is over 6' then planning is required.  Also look at the Deeds of her house if the neighbour's house is on the same development as sometimes they contain clauses on builds.  All homeowners have the right to quiet enjoyment of their property, if he is planning to have lots of outside entertaining in the summer this will have an impact on that quiet enjoyment.  

subjecttocontract

If it were a wooden shed or summer house instead the max height limit within 2 metres of the boundary is 2.5 metres I think.

Yorkie1

Thanks MD&C - there may well be something in the deeds. (Although Mum is 83 and would have no idea where to look!!). The estate has been there for nearly 50 years, so I suspect that any prohibitions (which there definitely were in relation to the front gardens and what can be parked) are not really observed these days.

Yorkie1

subjecttocontract said:

If it were a wooden shed or summer house instead the max height limit within 2 metres of the boundary is 2.5 metres I think.

I think you might be right - I've just found this online, which would support that:
Outbuildings

subjecttocontract

So, 2.5 metres = 8 feet. If the structure is 18 inches above the fence panels, that suggests it's 8 feet in height and currently permitted.

Yorkie1

Indeed, although it's 18" at present - with the rails and slats to go on top, so will be higher than that.

subjecttocontract

I shouldn't think there would be any action taken if it's a couple of inches over.

Heedtheadvice

Oh do be careful posters and be not parochial!

Yorkie1 has not defined where they/their mum lives,( could be Yorkshire from the name...or just a fan of choc bars ) and location should not be assumed when giving opinion!

Legislation/Rules are not UK/NI  wide and can have local variations in some areas including they are subject to devolved legislation.

Yorkie1 please confirm where your mum lives ( approx only ) and anything else that might affect rules such as  National Park or conservation areas or listed building status - though it would seem the latter thi gs would not  e applicable to your mum it could be for others reading the thread and taking it as read!

Yorkie1

Haha, yes both location and chocolate for me.

Mum is in England. Nothing special like a conservation area, listed building etc - thanks for checking, and I should have known better than to miss that bit out.