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Outbuilding height permitted development

hambo

Not sure if the first post went through, if it did apologies and please delete this one mods.

After some advice on when the actual UK legislation for outbuildings not being allowed to be more than 2.5 meters in height came into effect, if it’s within 2 meters of a boundary fence.

 

Basically my builder started constructing my outbuilding in February 2016 last year and it was completed the following month of March 2016.  He built it to 2.5 meters at the eves and then 3.5 meters to the highest point of what is a single pitched roof.

 

 Then around October I received a letter from the council after a complaint was made that it contravenes the Town & Planning Act 2015 or 2016, can’t remember the exact year.  Just wanted to know if it’s 2016 from what month did it come into effect and does it affect me?

 

If it does, can the council force me to bring the height of the outbuilding to 2.5 meters or is there some leeway with regards to height that “should” be granted with an application for planning permission?

 

Apologies for the wordy post. 

 
Feb 28, 17 9:22 am
randomised

Could have simply googled your issue in the time it took to type your wordy post :)

The Act of 2016  received Royal Assent on 12 May 2016...

From the act of 2015, p.15:

"Class A – enlargement, improvement or other alteration of a dwellinghouse

A.1 Development is not permitted by Class A if—

(i) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;

2015:

http://www.legislation.gov.uk/uksi/2015/596/pdfs/uksi_20150596_en.pdf.

2016:

http://www.legislation.gov.uk/ukpga/2016/22/pdfs/ukpga_20160022_en.pdf

Feb 28, 17 10:12 am  · 
 · 
Non Sequitur
^dont forget to bill him.
Feb 28, 17 5:17 pm  · 
 · 
randomised

Ah well, seems he has to demolish his outbuilding...

Feb 28, 17 5:21 pm  · 
 · 

It's 2017 man, get yo ass some indoor plumbing.

(Very well aware that it means an accessory building)

Feb 28, 17 5:33 pm  · 
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hambo

Ok things have moved on quite a bit last few days.  The neighbours to the rear have agreed on various alterations to the outbuilding in reducing its height.  Although have already alleged that my outbuilding somehow has caused damaged to their tree (can't see how that's possible seeing all work done was in my garden and didn't touch their tree at all) and they want reassurances in the form of a letter that no further damage will be done by my builders when they work on my building and do rendering at the back from their garden.
 
Some of the branches from their tree will need pruning/cut back and for this I’m planning on getting a tree surgeon in to do this rather than my builder.  I’m trying to cover myself because I wouldn’t it pass them that they later make a claim that I’ve somehow damaged their tree.
 
Is there such a thing as an independent adjudicator/witness who can make viewings before and after the work gets carried out? Or should that be the role of the council’s planning people to do? Or do I get my tree surgeon to take pictures or myself and go from there?  Questions, questions, questions lol

Mar 4, 17 4:12 am  · 
 · 
Non Sequitur
Hire someone. Don't try to get away with free online advice you cheapskate.
Mar 4, 17 6:44 am  · 
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JeromeS

Here in the US, you can trim/cut back limbs and branches that overhang your property.  Your neighbor needs to maintain their own tree.  If they leave it to you, tree surgeon, blow torch or kindergarten scissors is your choice

Mar 4, 17 10:32 am  · 
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starrchitect

What the fuck is an outbuiding? Yes...too lazy to it up.

Mar 4, 17 11:01 am  · 
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SUB-PLAN seems relevant...

Mar 8, 17 12:48 am  · 
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