Can they build a garage off the boundary wall

whitts

thanks for the info, the reason he is coming is because the boundary wall was 3 building blocks high and it has been knocked down and is now over 2m high(only for a stretch of 6m) ( hence why i asked what was being built last weekend and what the trench was for further down the boundary wall) a drive through carport is going to be put on top of this part of the boundary wall and then the garage further down the boundary wall. I am so confussed about all of these rules,

planning_officer

Ah I see - well if it's presently a wall and it's over 2m in height, that needs planning permission.

whitts

when i asked planning last week there was no definate yes or no about this wall needing planning, thank you very much for your comments

planning_officer

whitts wrote: »

when i asked planning last week there was no definate yes or no about this wall needing planning, thank you very much for your comments

I suppose the main issue is whether it's a wall, or whether it's part of the intended garage. If it's a wall then anything over 2m requires planning permission (or 1m if it's adjacent to a highway). However, if it's actually the side wall to the garage then it could be assessed under the criteria I listed above as permitted development for ancillary outbuildings. I think you need to know exactly what the structure is at present.

Mary_Hartnell

planning_officer wrote: »

Assuming you don't live in a conservation area, an AONB or a National Park, your neighbours can build a detached garage as 'permitted development' unless any of the following criteria apply:

- It's any nearer a highway (which includes a public footpath) than the dwelling itself is (unless it's further than 20m from the highway, in which case that doesn't apply);
- If it is greater than 10 cu m in volume (which a garage would be) AND is within 5m of the dwelling (in which case it's classed as an extension and different criteria apply);
- It's higher than 4m (if it has a ridged roof) or 3m in any case;
- The total area of buildings within the curtilage (excluding the dwelling itself) exceeds 50% of the total area of the curtilage.

So, if any of those criteria apply, it cannot be permitted developemnt and a planning application will be required.

Quite surprised a planning officer is coming out to see you - if they haven't built anything, there's nothing for him/her to assess! They can't write to the neighbour saying "we hear you may be considering building a garage... if so, these criteria apply..."!

In terms of the starting height for measuring height, it is the highest part of the ground level around the garage that is measured. I've always thought that is flawed legislation, as it really should be the lowest ground level, but it isn't - I've been involved in several enforcement cases on that issue!

I thought there was a regulation of (say) 1 meter away from the boundary for sheds in the garden ? or am I thinking of fire regulations that probably do not apply to a brick built garage?
Surely, otherwise one could block out a Neighbour From Hell by simply building a series of monopitch sheds 3 meters high, backing up against the boundary?

I once built a "shed" in the far corner of a terraced house garden, using the boundary walls as 2 sides of the square - very useful and nobody complained.

marybishop

Party Wall Act applies - contact www.rics.org 'Find a Surveyor' then phone one that offers 30 mins free advice over the phone and get the ball rolling. Planning Dept never offer advice re the PW Act - it's up to the individual to find it all out for themselves (how helpful is that!). Overhanging guttering is a trespass so that could be a problem if you want to sell and it's picked up on a survey. You may need advice on boundaries which again can be sought from an RICS surveyor specialising in boundary issues (you may find one that deals with both PW and Boundary matter as they often overlap!). Good luck.

whitts

marybishop wrote: »

Party Wall Act applies - contact www.rics.org 'Find a Surveyor' then phone one that offers 30 mins free advice over the phone and get the ball rolling. Planning Dept never offer advice re the PW Act - it's up to the individual to find it all out for themselves (how helpful is that!). Overhanging guttering is a trespass so that could be a problem if you want to sell and it's picked up on a survey. You may need advice on boundaries which again can be sought from an RICS surveyor specialising in boundary issues (you may find one that deals with both PW and Boundary matter as they often overlap!). Good luck.

thank you,