Planning Permission Help

[OverWyreGrower]

Grapes, we need your help!!

We've received a letter from the council regarding our next door neighbours planning permissions.

Basically, they've only applied for an extension of domestic curtilage (their garden) to extend it about 100ft. This would bring the boundary of their garden and fields level with neighbours on one side but over half way across the boundary on our side.

If approved, they could pretty much build anything they want providing it is under 2 storeys high and over 5 metres away from them house (a double garage and stable block is what they have planned). They wouldn't need any other permissions to do this.

We can comment/object and we can include photos and plans if we wish. We can comment on what happens if they build on it.
The lady in the planning office I spoke to mentioned that you can't use "loss of view" as an objection!! We can however use loss of light, privacy etc as part of our argument.

The planning office can grant extension of domestic curtilage but with certain conditions related to building on it if they feel the arguments etc are strong enough (e.g. buildings made out of wood rather than brick, or under a certain height, I think is what she meant).

How can we write that we know what they want to build and it is that we're objecting to?

Also, does anyone know how you can find out what your own land is classed as (e.g. garden or "other")?

Thanks

OWG

[Earthbabe]

Hi OWG I don't really know much about this but are you saying they want to extend their garden onto your land if it is coming over the boundary? Sorry I'm a bit confused.

Would the Land Registry be able to advise what sort of land it is classed as?

[TEB]

We contacted the local planning office when similar was happening and they basically said on the phone what the area is classed as, us for instance was classed as "the country" because we were out of the village proper (even if only by a 100yds or so). We contacted a local parish councillor and found out what the general issues were in the area and then used this as our argument (the sewage capacity was maxed out in our case. We could also go online and see the bits of the application and found out that the solicitor acting on my neighbour behalf had said that the neighbour had "entered into debate etc" this was a downright lie and we used it the arguement. I found out last night online that their application was declined (woohoo).
If your other neighbours are in the same mind as you then you obviously need to ensure that they take the time to write in.

Good luck and fingers crossed.

[OverWyreGrower]

Sorry!

Their new garden will be level with other people's garden boundaries on one side, but will not be as long as our boundary on the other side

Link to the plans (our house is Edale)

Aha, Land Registry! That's what I was thinking of, but couldn't remember what it was called! Thanks!

[Digger-07]

OWG - have PM'd you , hope it helps.

[Peter]

This is exactly what I was trying to explain on another thread about taking a field and turning it into a garden.

[OverWyreGrower]

Peter, we found out that our field is actaully part of our domestic curtilage, as the previous owners applied for a change of use.

Our problem with the new neighbours isn't the change of use, it's what they plan to build on there!

[TonyF]

If you want to challenge this legally, I'd contact the Law Society and ask them if they have any lawyers in your area who specialise in this sort of thing - may cost a few pounds but may be money well invested in the longer run.

[OverWyreGrower]

I've now cleared some of our confusions up with the planning office.

They can build without planning permission as long as it is less than 70 cubic metres and less than 3m high.

We're now trying to find out what a 2 stable + tack room/feed room block works out as in cubic metres!

We're going to object to the change of land use on the grounds of the planned build. Apparantly we can do this, as the planning office can investigate this, and, if necessary, put restrictions/amendments onto the permission (e.g. the need to apply for extra permission for building, outdoor buildings to be made out of wood (for example)).

We're going to send in photos of the area concerned (which we craftily took a couple of weeks ago) and invite the planning officer to visit from our side of the fence!

[Digger-07]

I hope my PM helped!

You will find that 70 cu m is about the size of a double garage.

The 70 cu m also includes anything that has already been built since the original house - even if that extension did not need planning when it was done.

[OverWyreGrower]

Thanks Digger-07, it did help!

If that's how big a double garage is, then they'll definitely need planning permission!

We also found out that stables are still classes as a domestic building, providing you are only keeping your own horses in them for domestic use (i.e. not providing riding lessons, livery etc)

[jacob marley]

Beware of the next stage after stable's come the MENEGE a exersize area for horses that councils tend to give permision for it because it gets horses of the roads you see but a Menege is a excuse to to tip lots of lorry loads of crap without paying tipping tax beware because landscaping comes into this as well i speak from experience and you would be surprised how many loads they can get onto a small area we went through this 4 years ago and it is hell whilst it going the noise of diggers and lorrys i hope i have not painted to black a picture but i would not wish it on anybody all the best Jacob

[jacob marley]

Her is a bit more of the story planning permision was granted for stable block an storage barn for livery this went on for 12 months then the Menege was built it took a long time 100 lorrys a day plus then we got back to normality then the rent went up on stables somebody else came in now a riding school is the tennant and of course the menege is Illuminated as well the very last thing any body wants all the best do not let them grind you down Jacob

[OverWyreGrower]

jacob marley - are you psychic??

I came home today to find out they have started their menege/sand paddock, at the back of our garden!!

They've turf stripped and dug out a huge area, and apparantly the gravel is arriving tomorrow.

Problem is, they haven't applied for planning permission. I'll be contacting the council first thing in the morning to complain.

[Earthbabe]

Go get 'em OWG.