Can shed be taken down?

Chihiro85 · 10 November 2018 at 6:01PM

Hi All,

Hoping for a little advice on this if anyone has any. Will be seeking some free legal advice next week also!

Ok, so we moved into our first house last week after years of renting. We have a shared ownership house and we absolutely love it. Throughout the process we told the housing association we would be putting a shed up as we needed to store bikes and garden tools out there.

After moving in we applied for permission from the HA and the developer of the estate and both granted permission. Neither asked for any specifics on the sheds dimensions and neither stipulated any restrictions.

We had a 10x14 foot shed installed that covered the entire width of our garden and a little under a third of the length. We wanted to cause as little impact as possible so got one with a low roof either side near the fence (5’10” at the edges rising to 7’6” in the middle of our garden) we bought the shed because we felt like that would have the least impact on our neighbours light - the sun passes right over it so it never blocks light. Unfortunately the neighbour felt that their favourite part of the view was right where the middle of our shed was and complained to the developer.

We then received an email on Friday saying the permission had been recinded as we they received a complaint and so the shed would have to be taken down.

Obviously we’re a bit stunned, we have gone to considerable expense and they are now saying we have to take it down!

Can anyone advise on the legality of this? It seems absurd that we could have written permission from both the housing association and the developer and then be asked to take it down after we install the thing!

Any advice would be greatly appreciated!

xylophone · 10 November 2018 at 6:15PM

We had a 10x14 foot shed installed that covered the entire width of our garden and a little under a third of the length.

Did you deliberately omit details of the dimensions when you asked permission? This seems rather excessive for a couple of bikes and some garden tools?

complained to the developer.

Are you surprised?

G_M · 10 November 2018 at 6:16PM

So the email was from the developer?

What is the basis of the developer's rights over your property? Is there a covenant in your property Title, in favour of the developer, limiting what you can erect?

If not, why does the develper need to grant permission and how can they rescind it?
If yes, what exactly does it say?

How exactly was the permission initially granted? In a letter? Saying exactly what?

If you wish to challenge this,precise word is important.

Or if you choose to ignore it, and if the developer takes legal action which you choose to defend, exact wording will be important.

Having said that, it's a large shed. I can understand why the neighbour might be upset and wonder why you did not do the neighbourly thing upfront, invite him to tea, bake a cake, explain your plans in advance and see what his reaction was....?

edit: it might come down to a definition of 'shed'. You may be deemed to have erected a 'warehouse'..........

middleclassbutpoor · 10 November 2018 at 6:31PM

Speak to a solicitor if you want advice on the legality of a situation.

Just looked at the size of the shed and looks like a mini garage but you are well within your rights to put it there if you had permission which didn't specify a max size and it doesn't breach any other planning laws.

I would simply write back asking under what grounds can they retract the permission and to point out where you have broken the conditions of their permission which allows them to retract it?

See what comes back.

middleclassbutpoor · 10 November 2018 at 6:32PM

G_M wrote: »

edit: it might come down to a definition of 'shed'. You may be deemed to have erected a 'warehouse'..........

https://www.buyshedsdirect.co.uk/garden-sheds/wooden/14-x10-shire-bison-heavy-duty-double-door-workshop#undefined2

Think that will be the exact point - everyone I can find states its a workshop or summer house

dimbo61 · 10 November 2018 at 6:38PM

https://www.planningni.gov.uk/index/advice/advice_apply/advice_apply_homes/advice_around_home/advice_home_structures.htm

Home owners: Outbuildings and structures
Garden sheds, greenhouses and other buildings
Planning permission is not required provided that:
1. The shed / greenhouse / building is used for domestic purposes only.
2. The ground area covered by the shed/greenhouse/building and any other buildings within the boundary of the property, excluding the original house, is not more than half the total area of the property.
3. No part of the shed / greenhouse / building is in front of the principal or side elevation of the original house that faces onto a road.
4. The maximum height of the shed / greenhouse / building is 4 metres.
5. The maximum eaves height of the shed / greenhouse / building is 2.5 metres if it is within 2 metres of the property boundary.
6. No part of the shed / greenhouse / building is within 3.5 metres of the boundary with a road to the rear of the house.
7. If you live in a house within a World Heritage Site, area of outstanding natural beauty or National Park the maximum total area of ground covered by buildings, enclosures and pools situated more than 20 metres from any wall of the house does not exceed 10 square metres.
8. If you live in a house within a conservation area, World Heritage Site, area of outstanding natural beauty or National Park the shed / greenhouse / building is not situated between the principal or side elevation of the house and its boundary.
9. The building is not used for the keeping of pigeons.
Note: Measurements are always calculated using external measurements

Carrot007 · 10 November 2018 at 6:41PM

middleclassbutpoor wrote: »

I would simply write back asking under what grounds can they retract the permission and to point out where you have broken the conditions of their permission which allows them to retract it?

Mainly I think becuase they don't own it! As SHARED OWNERSHIP the HA does not want a house with an overbearing ridiculous "SHED" that would complicate future sale.

The developer will not care unless they are still building on the estate. (or still selling property).

xylophone · 10 November 2018 at 6:41PM

Having said that, it's a large shed. I can understand why the neighbour might be upset and wonder why you did not do the neighbourly thing upfront, invite him to tea, bake a cake, explain your plans in advance and see what his reaction was....?

Because he knew the planned size and anticipated an objection?

molerat · 10 November 2018 at 6:52PM

Something that size is stretching the term "shed". In normal terms a big garden shed is 10 x 8 and normally 8x6 or 6x4.

PasturesNew · 10 November 2018 at 6:54PM

That's not a shed, that's an aircraft hangar.... and, if that's taking up 1/3rd of the garden it'll be an unsightly carbuncle on the outdoor aspect of all your neighbours (who probably now have you labelled as a !!!! by the way).

Chihiro85 · 10 November 2018 at 7:02PM

Thanks for the advice. Will speak to the HA on Monday but sounds like I will have to take it down.

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Can shed be taken down?

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