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re siting a small shed

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scorps
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PostPosted: 15:49 - 29 Jul 2016    Post subject: re siting a small shed Reply with quote

Just some advice, sarky comments welcome to.

A council person visited me as someone told her I was subletting, im not as was pretty obvious but on her way out she told me that they dont allow sheds in front gardens, I explained it was for my bike as I couldnt put in the back. She suggested the side of the house if i can clear it.

Id have to remove two mature trees, shore up the ground so my neighbours shed doesnt collapse into my garden, level the ground which is banked and slab it etc , got the paperwork of rules from the planning dept today and it isnt possible to do it. the sheds below the size for planning permission too.

neither is is possible to put the shed in the back garden as it is tiered as we live on a hill.

My shed is curently in the corner of the front garden tucked away behind an 8 foot fuschia hedge so unseen from the lane and we are out in the sticks anyway.

Id like to keep the shed where it is so how do I go about pursuading them that its in the best place, Should I ask for a planning person to come out to look it over rather than an office lady who doesnt actually deal with this side of things.
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Rogerborg
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PostPosted: 16:07 - 29 Jul 2016    Post subject: Reply with quote

I'm pretty sure I'd do nothing unless and until they'd put their position in writing, then I'd proceed from there.
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chris-red
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PostPosted: 16:10 - 29 Jul 2016    Post subject: Reply with quote

Rogerborg wrote:
I'm pretty sure I'd do nothing unless and until they'd put their position in writing, then I'd proceed from there.


This.
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MCN
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PostPosted: 16:21 - 29 Jul 2016    Post subject: Reply with quote

She was most probably on her period or is one of those wimin who are perpetually in oestrus...

Were her nails painted?

Fackin' wait till you see the whites of their letters.

Then speak to CAB and staaaaalllllllll....... Like the feckers do with any suggestion I make to them regarding thier 'responsibilities' as a cooncil.

Which/How many of your neighbours have you pissed off by being a biker? Very Happy
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Ste
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PostPosted: 16:32 - 29 Jul 2016    Post subject: Reply with quote

Ignore them.

A mate built a front porch which the council then didn't like.

They sent him some arsey letters, they threatened going to court, blah blah blah, a few years later they sent him something saying that his porch was now fine, something to do with the period of time that had passed.

Moving sheds is fun. Laughing

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Diggs
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PostPosted: 16:35 - 29 Jul 2016    Post subject: Reply with quote

Don't involve Planning if you can help it - if the lane in front of the house constitutes 'public highway', and it almost certainly does, technically your shed needs retrospective planning permission. How long has it been up? If it has been up for over 4 years and you can prove it, you can apply for a Certificate of Lawful Development, which makes it immune from enforcement action.

Trouble is, that is immunity under the Town & Country Planning Act 1990 only. If yours is a Council House then it is your tenancy agreement that the Council will shaft you with.

Re. putting the shed at the side of the house - chances are a shed will be 'permitted development' and won't need planning permission and neither will a hardstanding. By the sound of it however you will have to put footings in and build a retaining structure to hold up next door's land. If so, this may be considered an 'engineering operation' and will require planning permission as a result. Unless you know your shit, you will get tangled up in the whole Planning thing. Best avoided by not speaking to Planning unless the Council serves either a 'PCN' or an Enforcement Notice on you.

Best advice - say nothing and do nothing unless the Council contacts you formally. If Planning comes after you for a retrospective planning application, PM me and I'll explain your options....
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The Shaggy D.A.
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PostPosted: 16:39 - 29 Jul 2016    Post subject: Reply with quote

She probably only mentioned it as she was pissed she couldn't pin anything on you for the subletting - by the time she was back in her car she'd moved on to what to pin on the next poor sod's visit.

As the Borgmeister has said, wait until something official happens.
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Ste
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PostPosted: 16:47 - 29 Jul 2016    Post subject: Reply with quote

Diggs wrote:
If Planning comes after you for a retrospective planning application, PM me and I'll explain your options....

Option 1: continue to ignore them. Wink
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Diggs
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PostPosted: 17:42 - 29 Jul 2016    Post subject: Reply with quote

'Option 1' is the best one if it has been up for over 4 years - if the bastards serve a Notice on you, you can apply for the Certificate of Lawful Development which 'trumps' the Notice in Planning terms.

If it hasn't been up for 4 years you can still ignore them. If you do the most likely outcome is that they will threaten you with enforcement action. If you continue to ignore them and they can be bothered to spend part of a diminishing budget on chasing an unauthorised shed, they will follow these threats with a Notice - either a PCN, which is an information-gathering tool, or an Enforcement Notice, which requires you to take specific steps to remedy the breach within a given timescale. If you receive either of these Notices, you need to respond. Having a shed in your front garden without planning permission isn't an offence, but non-compliance with either of these Notices is.

Remember that the Planning Department has better things to do than mither somebody about a shed....
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duhawkz
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PostPosted: 23:27 - 29 Jul 2016    Post subject: Reply with quote

Socket wrote:
Same thing happened to me in the fantasy world i live in, Everyone Ignored me. Never heard anything since.


Did you keep your R6 in that shed, Pretty sure you've said you're 25

Maybe you invented a time machine?
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MCN
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PostPosted: 02:51 - 30 Jul 2016    Post subject: Reply with quote

duhawkz wrote:
Socket wrote:
Same thing happened to me in the fantasy world i live in, Everyone Ignored me. Never heard anything since.


Did you keep your R6 in that shed, Pretty sure you've said you're 25

Maybe you invented a time machine?


Fek.... Can you remember shit from ages ago like a girlfriend or wife can?
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ScaredyCat
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PostPosted: 08:23 - 30 Jul 2016    Post subject: Reply with quote

Ste wrote:

Option 1: continue to ignore them. Wink


Option 2: It was like that when I got here.
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Diggs
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PostPosted: 19:53 - 30 Jul 2016    Post subject: Reply with quote

Option 2 isn't a defence unfortunately. Planning Law doesn't acknowledge ownership or ignorance in this sort of situation...
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Mr Hammers
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PostPosted: 22:12 - 30 Jul 2016    Post subject: Reply with quote

Councils might have different laws on this sort of thing, but ours says that a shed, at least a wooden one, is considered temporary and therefore doesn't require permission.

When we first moved in here i asked the council bloke about it and he said it doesn't matter if the shed is huge, so long as it's not above a certain height (3 metre something).

They might have a different policy obviously, but whatever, I'd do what the 'Borg says and just wait and see.
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Ste
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PostPosted: 22:31 - 30 Jul 2016    Post subject: Reply with quote

It's the shed being in the front garden which is the problem.

Laws are the same across the country. Wink

https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

"Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

No outbuilding on land forward of a wall forming the principal elevation.
Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse."
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Diggs
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PostPosted: 23:19 - 30 Jul 2016    Post subject: Reply with quote

Ste is correct. It is the fact that it is in the front garden, i.e. 'forward of a wall forming the principal elevation'.

The matter of it being a shed and therefore of 'temporary' construction as opposed to a building constructed of brick or blocks is irrelevant if it remains in situ. To quote from the Government's Planning Portal:

'Rules governing outbuildings apply to sheds, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwellinghouse.'
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scorps
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PostPosted: 09:17 - 02 Aug 2016    Post subject: Reply with quote

bugger, will have to look at whether i can manoeuvre the bike between the wall and coal bunker round the back. Ive room for the shed there but its pretty tight and will block some light from the living room window.

The neighbour who reported me for subletting will be glad that my bike will now be started up closer to her bedroom window with it being kept in the back garden.

first world problems Rolling Eyes

Im breaking the rules and need to suck it up.

Idea Wait though, I live in Aberdeenshire under the same council as Trumps golf course, can I cite him and his getting away with breaking every planning rule in the book as a defence do you think or do I need brown envelopes stuffed with cash?
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Rogerborg
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PostPosted: 10:00 - 02 Aug 2016    Post subject: Reply with quote

What Would Trump Do? Nothing, until and unless a court summons hits the mat.
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janner_10
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PostPosted: 22:27 - 02 Aug 2016    Post subject: Reply with quote

Rogerborg wrote:
What Would Trump Do? Nothing, until and unless a court summons hits the mat.


This. Don't panic, wait for the letter then act. (Should it even arise)
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scorps
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PostPosted: 10:01 - 03 Aug 2016    Post subject: Reply with quote

I've had a chat with my neighbour about the implications of land slippage. If I start removing tree stumps etc his ground below his shed could collapse and he agrees it isnt feasible to level the ground adjoining his, so as Ive had a letter giving me six months to complete the works then fill in the form so they can come and inspect it, i think i need to tell them I need time to rethink etc possibly. I dont need planning as its a small shed built purposely for my bike to fit but i dont want to rock the boat.

gosh darn it.
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lihp
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PostPosted: 10:10 - 03 Aug 2016    Post subject: Reply with quote

Socket wrote:
Same thing happened to me in 1983 I ignored them. Never heard anything since.

Your mum wasn't even born then
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Skudd
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PostPosted: 10:11 - 03 Aug 2016    Post subject: Reply with quote

Don't forget to put a formal complaint about the woman and her attitude, the language she used and how she left you feeling threatened and vulnerable. Thumbs Up
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Diggs
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PostPosted: 17:25 - 03 Aug 2016    Post subject: Reply with quote

How long has your shed been up?
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scorps
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PostPosted: 09:22 - 04 Aug 2016    Post subject: Reply with quote

only two years Diggs. I will move it last minute .com . Just means having to sit on the bike and walk it backwards around the back and side of the house. At least I can reach the ground with both feet on this bike.

Im moaning and one of my colleagues who rides says at least you have a garden to keep your bike in, his is chained in the parking area under a cover behind his flat in Aberdeen and his is a brand new z1000 sx.

he has a point to be fair.
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