Planning permission question

Dan07

I live In a fingal house and I built a shed to the side of the house
It is within the measurements that are on Der website and citizens advice

It is 2.7 in height tiled roof
And it is 16 feet long by 10 wide.
And it is not built on the boundary wall

But I got a letter saying that it was an un authorized stucture
That the architect says builds to the side require planning.

And that i can apply for planning for retention

Can any1 clear this up for me, any information I've been giving is that once I don't build on the boundary wall and keep under the sq meters and height they can't do anything

DOCARCH

Do you live in a 'new' housing estate (built within the last 10/15 years)? Very often there are conditions in the original planning permission (for the house/estate) limiting further development/limiting carrying out exempt development.

I assume you got the letter from the Council? If so, what exactly did it say?

Dan07

I got 1 firstly saying it was un attorised structure that it must be taking down by the following week,

So I called them and I told them that on the website it says no planning is required for the build as it was under the sizes stated,
So I was told I could appeal it, so I did sent in pictures sizes etc,

So the new letter no says Der architects say it's a side build so it requires planning and I can apply for retention but they can't guarantee it will be passed

Dan07

House is prob 20 years or more, Ye the letter was from the council

Dan07

This building will be exempt from planning permission once the floor area is limited to 25 square metres. Garages or sheds to the side of the house must match the finish of the house and may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses.

This is what is on any website I checked

The bricklayer built 3 piers inside the boundary wall and ran 2 reinforced concrete lintels and that supports the roof so it's not on the boundary wall,

sydthebeat

is it forward of the front wall of the house??

there are the actual regulations

any chance of a photo of the garage and house from the front??

Gumbo

Dan07 wrote: »

This building will be exempt from planning permission once the floor area is limited to 25 square metres. Garages or sheds to the side of the house must match the finish of the house and may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses.

This is what is on any website I checked

The bricklayer built 3 piers inside the boundary wall and ran 2 reinforced concrete lintels and that supports the roof so it's not on the boundary wall,

Post a photo of the garage.
If you have an actual Enforcement Letter from the Councils Planning Enforcement Section, then you best engage an agent if you are not 100% sure of what the regulations stipulate.

The Plan Enf section will come out and view the site and decide if planning was required or not, they should allow you time to lodge a retention application though without proceeding to Enforcement Proceedings as that would be deemed unreasonable in the eyes of a judge.

DOCARCH

Dan07 wrote: »

I got 1 firstly saying it was un attorised structure that it must be taking down by the following week,

So I called them and I told them that on the website it says no planning is required for the build as it was under the sizes stated,
So I was told I could appeal it, so I did sent in pictures sizes etc,

So the new letter no says Der architects say it's a side build so it requires planning and I can apply for retention but they can't guarantee it will be passed

Sorry, but your account of the process (and letters) sounds a little fishy!

Did they send an inspector out to investigate and take measurements?

Never heard of architects being involved in enforcement?

Dan07

Dey said one came out but never came in and asked measured or done anything
I put a velux window and i think they originally thought it was to be lived in but it is just for my bike and tools

Il try upload pics now

BryanF

Just leave out the www. And one of us will update. (You need 50 posts to put up a link)

Dan07

http://i1088.photobucket.com/albums/i327/danscivicr/Mobile%20Uploads/2016-11/EF6B9911-8D77-4F74-9745-5F90820EC7F0.jpg

http://i1088.photobucket.com/albums/i327/danscivicr/Mobile%20Uploads/2016-08/82CB55B9-3C4F-4E5D-BC4F-CD314866BD4F.jpg



http://i1088.photobucket.com/albums/i327/danscivicr/Mobile%20Uploads/2016-10/04FB272A-DCD0-46F3-8794-22B071D28E14.jpg


Are you able to view them

Angry bird

It's forward of the front building line of the house, therefore planning permission needed to 'retain and complete'.

CLASS 3
The construction, erection or placing within the curtilage of a house of any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure.

1. No such structure shall be constructed, erected or placed forward of the front wall of a house.

2. The total area of such structures constructed, erected or placed within the curtilage of a house shall not, taken together with any other such structures previously constructed, erected or placed within the said curtilage, exceed 25 square metres.

3. The construction, erection or placing within the curtilage of a house of any such structure shall not reduce the amount of private open space reserved exclusively for the use of the occupants of the house to the rear or to the side of the house to less than 25 square metres.

4. The external finishes of any garage or other structure constructed, erected or placed to the side of a house, and the roof covering where any such structure has a tiled or slated roof, shall conform with those of the house.

5. The height of any such structure shall not exceed, in the case of a building with a tiled or slated pitched roof, 4 metres or, in any other case, 3 metres.

6. The structure shall not be used for human habitation or for the keeping of pigs, poultry, pigeons, ponies or horses, or for any other purpose other than a purpose incidental to the enjoyment of the house as such.

Angry bird

Out of interest kc, as this is a lean-to roof, would you say that the maximum height is 3 metres or 4 to be exempt? I'm assuming 3.

Dan07

The pic is the back door to my house

Dan07

4 is what I was told but I'm still under 3 meters

BryanF

Dan
A picture from the front please

Angry bird

Ok once you fulfill all of the above then falls under exemptions, but you could still be caught if as part of the planning conditions for the housing estate, which could well be the case, that they 'de-exempted garages' i.e. needs planning permission regardless.

deandean

I wonder if the council is treating this as an extension at the side of the house (which requires PP)
and not a garden shed.

Dan07

Do you want a pic from the front of my house,
Nearly every house in my estate have sheds and some are actually built on the boundary wall and nothing was said to them,

Dan07

deandean wrote: »

I wonder if the council is treating this as an extension at the side of the house (which requires PP)
and not a garden shed.

That was the first thing they said to me because I had a velux which I put in for light and I told them if that was an issue I would remove it

Dan07

http://i1088.photobucket.com/albums/i327/danscivicr/Mobile%20Uploads/2016-12/10190307-9D4C-4694-977E-1A798EAE85E3.jpg


http://i1088.photobucket.com/albums/i327/danscivicr/Mobile%20Uploads/2016-12/6EAB84FA-F5E0-4C4B-9F61-09EF48FF722A.jpg

mickdw

Are they getting upset because you are building right up to the street edge?

On a side note, I hope that blockwork is a DIY effort and that you didnt pay for that!

Dan07

I don't think that is an issue if it is it can be changed as I've a wallplate inside the boundary and can finish it Der, and pop those few blocks off the boundary which were used to fill in to the height of the roof

Gumbo

Angry bird wrote: »

Out of interest kc, as this is a lean-to roof, would you say that the maximum height is 3 metres or 4 to be exempt? I'm assuming 3.

I would say 4 as it contains a tiled or slated roof.

Gumbo

Dan07 wrote: »

Do you want a pic from the front of my house,
Nearly every house in my estate have sheds and some are actually built on the boundary wall and nothing was said to them,

The boundary wall is irrelevant. Boundaries are civil issues and not planning issues.

Dan, the front images are too dark. Can you post a google map link to the estate.
I think the council are deeming this an extension instead of a garage/shed.

It's also worth noting that for Plan Enf to come out, someone would of having to lodge a complaint, so somebody is keeping an eye on what you are doing.

Dan07

Il take pics in the morning before I head to work,
I've to ring them before Friday to let them know if I intend to applie for retention or take it down,

Does any1 know if I should contact some one else, and who, that could tell me my rights, as I'm aware I didn't need planning other wise I'd of done it first

BryanF

Dan07 wrote: »

Il take pics in the morning before I head to work,
I've to ring them before Friday to let them know if I intend to applie for retention or take it down,

Does any1 know if I should contact some one else, and who, that could tell me my rights, as I'm aware I didn't need planning other wise I'd of done it first

Contact a local arch tech/surveyor/Eng to prepare drawings and submit application

mickdw

If it's exempt, why would he go to that expense?

Metric Tensor

His alternative is to go to the expense of fighting it in court against the local authority's solicitors.

I'm not saying it's right to apply for retention but it's cheaper!

Dan07

BryanF wrote: »

Contact a local arch tech/surveyor/Eng to prepare drawings and submit application

Would you have an idea of cost,

BryanF

Dan07 wrote: »

Would you have an idea of cost,

Don't know, you have to cost in the council 'factor', as in, the council don't like to be wrong.