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  • FIRST POST
    • Chihiro85
    • By Chihiro85 10th Nov 18, 5:01 PM
    • 3Posts
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    Chihiro85
    Can shed be taken down?
    • #1
    • 10th Nov 18, 5:01 PM
    Can shed be taken down? 10th Nov 18 at 5:01 PM
    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!
Page 2
    • xylophone
    • By xylophone 10th Nov 18, 8:44 PM
    • 27,267 Posts
    • 16,313 Thanks
    xylophone
    It seems to me the OP's somewhat disingenuous use of the word "shed" was the ambiguity.......
    • Chihiro85
    • By Chihiro85 10th Nov 18, 9:12 PM
    • 3 Posts
    • 3 Thanks
    Chihiro85
    This was very much my thinking when i heard they were rescinding permission. Obviously there are plenty more details on why I need space (I need to store tools and ladders for work in there as well as several bikes) but I didn’t really feel that my need for the space was a part of the issue here. Equally with regards to neighbours etc the shed is actually only overlooked by one neighbour and as I said, I did try to minimise impact by having a low sided shed.

    I see this ones kicked up quite the debate and contrary to how it may have come across that was never the intention, just as my intention was never to upset a neighbour. I was simply trying to store equipment and bikes in a safe environment. And no, I certainly didn’t set out to mislead anyone when it came to permission. I answered all questions about the shed in great detail before hand, they never asked for dimensions so I simply assumed that as long as it met council planning guidelines (which someone has posted earlier) then it would be fine. Obviously if there are any government or council guidelines stating at what point a ‘shed’ becomes anything else then I am totally in the wrong.

    Anyway, thank you all again for the advice, I will just have to see what the developer say as the HA are simply passing on what the developer have now decided.
    • EachPenny
    • By EachPenny 10th Nov 18, 9:16 PM
    • 7,917 Posts
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    EachPenny
    On the web site, the building is listed under sheds, but it's also specifically referred-to as a workshop. What distinguishes a workshop from a shed is something others can argue about if they wish, but I'm not convinced a bullet proof distinction can be achieved.

    I feel that the if the HA wanted to impose limits, they should have stated what they were when the enquiry was made.
    Originally posted by Davesnave
    I agree. The distinction between a 'shed' and a 'workshop' is the use to which the building is put, not a marketing description or other people's subjective view.

    I have designed and built a 12x7.5 'shed'.... 12x7.5 metres that is.

    If the OP had constructed their building next to a swimming pool it could equally be called a 'changing room'.

    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!
    Originally posted by Chihiro85
    The two things you could definitely have a problem with are (a) planning and (b) covenants.

    If the building is relatively new then you need to check the developer hasn't attached covenants restricting what you can do. These may still apply even if you have been given permission, if for example the person giving you permission didn't have the authority to do so.

    On the planning side it is possible the council have removed permitted development rights - to find out (yourself) you will need to find the planning consent for your house (it ought to be online) and trawl through the documents to find a 'consent notice' or 'S106 Agreement'. Either or both of these may include a reference to "permitted development rights" being removed. Alternatively you could contact your local council's planning office and ask. (but personally I'd try finding out for myself first)
    "In the future, everyone will be rich for 15 minutes"
    • EachPenny
    • By EachPenny 10th Nov 18, 9:32 PM
    • 7,917 Posts
    • 21,351 Thanks
    EachPenny
    Any advice would be greatly appreciated!
    Originally posted by Chihiro85
    Just to add a literal answer to your question "Can shed be taken down?"... obviously yes. But one option you might want to consider is that sheds of that size are usually sectional (e.g. the 14' side will be made up from two 7' panels) so it might be possible to reduce the size down to 10x7.

    Subject to there being no issues with covenants or planning, you might want to look into this and perhaps negotiate agreement to retain the shed at a reduced size... this would at least mean you keep some of the storage space and don't have to sell/dump the whole thing.

    If it is practical to reduce the size to 10x7 with minimal cost to you then this might give you leverage to get them to agree this size, rather than them insisting on something much smaller.
    "In the future, everyone will be rich for 15 minutes"
    • Sibz
    • By Sibz 10th Nov 18, 10:58 PM
    • 93 Posts
    • 71 Thanks
    Sibz
    If they are being unreasonable about your shed you could replace it with a manure pile, just tell them it's their fault as previously you'd kept it in a suitable air-tight shed
    • newbutold
    • By newbutold 10th Nov 18, 11:11 PM
    • 678 Posts
    • 1,061 Thanks
    newbutold
    Surely the developers can’t just remove permission because someone has complained, that really isn’t far.

    If they were bothered about the size, they should of asked what size shed you were wanting to put up before giving permission or given permission but specified the max dimensions allowed.

    They should reimburse you the cost of the shed and erecting it at the very least.
    If my posts have random wrong words, please blame the damn autocorrect not me
    • Slithery
    • By Slithery 11th Nov 18, 12:00 AM
    • 969 Posts
    • 1,555 Thanks
    Slithery
    We had a 10x14 foot shed installed
    Originally posted by Chihiro85
    That's not a shed, it's the same size as the property that I live in...
    Last edited by Slithery; 11-11-2018 at 12:04 AM.
    • xylophone
    • By xylophone 11th Nov 18, 9:39 AM
    • 27,267 Posts
    • 16,313 Thanks
    xylophone
    just as my intention was never to upset a neighbour.
    Fair enough, but

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

    Equally with regards to neighbours etc the shed is actually only overlooked by one neighbour
    And you really didn't think to even mention to that neighbour that a third of your small garden would be taken up by an outbuilding which would block his view?
    • Sibz
    • By Sibz 11th Nov 18, 10:37 AM
    • 93 Posts
    • 71 Thanks
    Sibz
    That's not a shed, it's the same size as the property that I live in...
    Originally posted by Slithery
    Surely you're either confusing feet for meters or posting from jail?
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th Nov 18, 10:43 AM
    • 17,097 Posts
    • 47,268 Thanks
    moneyistooshorttomention
    Surely you're either confusing feet for meters or posting from jail?
    Originally posted by Sibz
    My thought was to wonder if they're living in a "Tiny House".
    Never doubt that a small group of people can change the world.

    It's the only thing that ever has.
    • Sibz
    • By Sibz 11th Nov 18, 10:43 AM
    • 93 Posts
    • 71 Thanks
    Sibz
    And you really didn't think to even mention to that neighbour that a third of your small garden would be taken up by an outbuilding which would block his view?[/QUOTE]

    The OP has posted that at it's highest the shed is about 7.5 feet - and slopes to that height.
    If the neighbour misses those views so much - he could build a viewing platform in his own garden rather than just assume he is going to be forever able to stare through someones garden space.

    I'ts very common to have 6 foot fences around back gardens and those are right at the border, so by trajectory this shed is no more restrictive than that would be. Tbh if I had a neighbour that tried to demand that my garden never had a decent fence I'd be glad I built it.
    • Tigsteroonie
    • By Tigsteroonie 11th Nov 18, 10:45 AM
    • 22,975 Posts
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    Tigsteroonie
    Blimey. We used to have a 9x9 shed and I always felt that was huge ... I think our living room is 10x14 feet, that's one hell of a lot of storage.

    OP, if you have a lot of "tools and ladders for work" to store, might there e concerns that you are actually running a business from your home?
    Mrs Marleyboy

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    Proud Parents to an Au-some son
    • Merlin139
    • By Merlin139 11th Nov 18, 10:48 AM
    • 5,266 Posts
    • 20,720 Thanks
    Merlin139
    If they are being unreasonable about your shed you could replace it with a manure pile, just tell them it's their fault as previously you'd kept it in a suitable air-tight shed
    Originally posted by Sibz

    That's a great idea. Was looking for ways to !!!! my neighbour off! Think I just found it!
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