Isthisok21 Posted June 23, 2021 Share Posted June 23, 2021 Hi just looking for advice. Our neighbours have built their own decking at the back of their garden and now built a summerhouse on top of that. Their garden is on a slope, which slopes down from our side. To me, the decking is higher than 30cm to start with but can't measure it. They have now placed a summerhouse on top of the diy decking which comes approx 3 ft higher than the 6ft boundary fence, due to hight of the decking. It's right next to our boundary. It actually makes the 6ft fence look small. Does this need planning? I know max height of a 'shed' close to boundary is 2.5m but what about on raised decking? I know the back of our plot is higher, that is the ground level that's always been there, but their garden ground level has always been the level of our lower garden level. The side window of the summerhouse looks into our house and when they are stood on decking they can see right in to our house, feels so invasive. They can see everything we do in our garden when they are on it too. Also, they have placed it so that any rainwater coming off the roof falls into our garden, which is obviously going to puddle. I've attached images to try explain what they've done. Many thanks. Link to comment Share on other sites More sharing options...
Moonshine Posted June 23, 2021 Share Posted June 23, 2021 To me it seems a bit of a pi$$ take and I would be concerned due to how imposing it is. It may be worth asking the council their opinion. The permitted development guidance has this definition of height. Height” - references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level. (Note, ground level is the surface of the ground immediately adjacent to the building in question, and would not include any addition laid on top of the ground such as decking. Where ground level is not uniform (for example if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.) This is clear that the allowable 2.5m includes the decking, and from the pictures they seem well over that. I would say that decking is at least 0.5m Link to comment Share on other sites More sharing options...
Onoff Posted June 23, 2021 Share Posted June 23, 2021 Looks like a right fire hazard if a stray firework rocket got between that fence and the summerhouse... ? Link to comment Share on other sites More sharing options...
Moonshine Posted June 23, 2021 Share Posted June 23, 2021 6 minutes ago, Onoff said: Looks like a right fire hazard That reminds me, if it's within 1m of the boundary and made of combustible materials, wont it need building regs approval? https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings/2 Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 1 hour ago, Moonshine said: That reminds me, if it's within 1m of the boundary and made of combustible materials, wont it need building regs approval? https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings/2 That's over a certain size.. im a total novice and can't tell if its over that certain square foot of size. I've tried googling the actual summerhouse to see if there's a size for it but can't. Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 (edited) My dad has emailed planning dept when the decking was being built as he had concerns over the height of that. They have never got back to him. I also rang planning dept for advice when what they call a 'shed' was built and emailed them with pictures a few weeks ago with no reply either. It's a nightmare. I wanted to stay anonymous as the neighbours haven't been the easiest to deal with so far. That's why I'm unable to get any proper measurements of it all as if they know I feel like they will react by kicking off somehow. It is really invasive. I feel that we cannot sit outside and have ANY privacy. They are only 21 and have all their friends round drinking and can all see in. The massive summerhouse now blocks out the sun from around 4pm aswell. Edited June 23, 2021 by Isthisok21 Link to comment Share on other sites More sharing options...
Roundtuit Posted June 23, 2021 Share Posted June 23, 2021 I suspect anonymity isn't going to be a realistic option if you want to try fix this, so be prepared to pi$$ the neighbours off. I think you need to get someone from planning round to look ASAP so you might need to make a nuisance of yourself, and play on the fire risk aspect perhaps. If you're getting no response, call and ask what their complaints process is... It looks wrong on several levels, and I'd be very unhappy with it next door to me. Good luck! Link to comment Share on other sites More sharing options...
IanR Posted June 23, 2021 Share Posted June 23, 2021 Does their land not rise at all in the corner of their plot, adjacent to you? The way they've stepped the decking up suggests it does lift a little, otherwise it would have been much easier for them to have built the decking flat. If their garden remains at the lower level there must be a retaining wall holding "up" your higher garden. Is the fence sitting on top of a retaining wall, in the corner? Unfortunately, if their garden is also a little higher in that corner then the height of the eaves is measured from that higher ground. 1 Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 Yes my dad has asked for complaints procedure as he first logged it a few month ago. I would have thought two separate comp would warrant a visit. I did ask them to visit it and have a look. I will ring them on Friday for an update myself too. This is it now. Totally over the top. No privacy for us or the other neighbours. Trouble is, last time they were p$$Ed off with us, he got his friends round and were running on our lawn and blocked our car in. I have children in the house so I'm scared now of what else will happen. Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 3 minutes ago, IanR said: Does their land not rise at all in the corner of their plot, adjacent to you? The way they've stepped the decking up suggests it does lift a little, otherwise it would have been much easier for them to have built the decking flat. If their garden remains at the lower level there must be a retaining wall holding "up" your higher garden. Is the fence sitting on top of a retaining wall, in the corner? Unfortunately, if their garden is also a little higher in that corner then the height of the eaves is measured from that higher ground. No their ground level is basically starting where the bottom of the fence meets the ground. There was a hedge there so there was a big drop before the fence was erected. Link to comment Share on other sites More sharing options...
Bitpipe Posted June 23, 2021 Share Posted June 23, 2021 16 minutes ago, Isthisok21 said: Yes my dad has asked for complaints procedure as he first logged it a few month ago. I would have thought two separate comp would warrant a visit. I did ask them to visit it and have a look. I will ring them on Friday for an update myself too. You need to be a squeaky wheel, ring them once a day and then twice a day until someone comes out. 16 minutes ago, Isthisok21 said: This is it now. Totally over the top. No privacy for us or the other neighbours. Trouble is, last time they were p$$Ed off with us, he got his friends round and were running on our lawn and blocked our car in. I have children in the house so I'm scared now of what else will happen. I get that they are young and a bit selfish but they need to learn how to behave. I used to live in an end of terrace house share in London with 4 other lads. We were mostly well behaved but had the occasional party which would get out of hand. Neighbours had kids and would politely complain the morning after and we were usually mortified and apologised, wine & flowers etc. If they are ramping up the obnoxiousness after a complaint then you can't live your life like that - it's bullying plain and simple and it will only get worse. If there is even a whiff of trouble like that again, call the police. Can you smell them smoking anything in the evenings? Being loud after 11pm - (you can get apps for your phone that measure noise levels)? Keep a nuisance diary and photo or video any nonsense. You don't say how old your kids are. You could express a concern that they could be observed (or even filmed) by your neighbours (or their friends) when they're in the garden. That's one brush they won't want to be tarred with. Sadly you may need to fight fire with fire here. Link to comment Share on other sites More sharing options...
MikeSharp01 Posted June 23, 2021 Share Posted June 23, 2021 If you have the spare cash, why not put in a planning permission for a shed on your side of the fence a. You would dominate their shed as you have higher ground and b. you could expect a visit from the planning officer who would then spot the challenge. Also why not write to your local Councillor about the tardy response of the planners. @Bitpipe said it - fight fire with fire. Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 11 minutes ago, Bitpipe said: You need to be a squeaky wheel, ring them once a day and then twice a day until someone comes out. I get that they are young and a bit selfish but they need to learn how to behave. I used to live in an end of terrace house share in London with 4 other lads. We were mostly well behaved but had the occasional party which would get out of hand. Neighbours had kids and would politely complain the morning after and we were usually mortified and apologised, wine & flowers etc. If they are ramping up the obnoxiousness after a complaint then you can't live your life like that - it's bullying plain and simple and it will only get worse. If there is even a whiff of trouble like that again, call the police. Can you smell them smoking anything in the evenings? Being loud after 11pm - (you can get apps for your phone that measure noise levels)? Keep a nuisance diary and photo or video any nonsense. You don't say how old your kids are. You could express a concern that they could be observed (or even filmed) by your neighbours (or their friends) when they're in the garden. That's one brush they won't want to be tarred with. Sadly you may need to fight fire with fire here. Our son is 6 and often gets woke up by them as his bedroom is on the back. I've had to knock on on their door 1am because our house sounds like a club to which they couldn't hear me knocking. They start banging around in the garden 9pm ish on school nights aswell. I am keeping a diary on my phone of the occasions. Link to comment Share on other sites More sharing options...
Mr Punter Posted June 23, 2021 Share Posted June 23, 2021 A few points: At least part of the decking is more than 30cm above the original ground level so planning consent should be required. Fire risk is not an issue here as the structure is less than 15 square metres. The roof is discharging rainwater onto the fence and may be overhanging. Link to comment Share on other sites More sharing options...
Bitpipe Posted June 23, 2021 Share Posted June 23, 2021 Can you post some pictures from ground level? The upstairs view exaggerates the effect a little. If they dropped the deck and summerhouse 30cm, would you be happy (aside from their other antisocial behaviour). Interesting that your garden extends up the slope and theirs does not? You have play equipment up there so you can obviously look down on them from that position - not sure that is material to any planning consideration. Would maybe consider moving those to lower garden in advance of any visit though? Link to comment Share on other sites More sharing options...
joe90 Posted June 23, 2021 Share Posted June 23, 2021 Unfortunately we can’t pick our neighbours but you need to stick up for your rights and report any intimidation to the police. I concur with the above about the decking being too high, yes pester planning (everyday if necessary) to get someone out. We all have to abide by rules. Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 1 hour ago, Bitpipe said: Can you post some pictures from ground level? The upstairs view exaggerates the effect a little. If they dropped the deck and summerhouse 30cm, would you be happy (aside from their other antisocial behaviour). Interesting that your garden extends up the slope and theirs does not? You have play equipment up there so you can obviously look down on them from that position - not sure that is material to any planning consideration. Would maybe consider moving those to lower garden in advance of any visit though? When the house was bought thats how the garden level was because of hedges. Their whole garden level was the same level as our lower one. It was like that before they moved in. We put the play equipment up there after all of this being built to make a point. Link to comment Share on other sites More sharing options...
joe90 Posted June 23, 2021 Share Posted June 23, 2021 1 minute ago, Isthisok21 said: Their whole garden level was the same level as our lower one. It was like that before they moved in. So their decking if definitely too high? Link to comment Share on other sites More sharing options...
Isthisok21 Posted June 23, 2021 Author Share Posted June 23, 2021 3 minutes ago, joe90 said: So their decking if definitely too high? Yes. I'd say so but I'm a novice at these things. Link to comment Share on other sites More sharing options...
oranjeboom Posted June 23, 2021 Share Posted June 23, 2021 7 minutes ago, Isthisok21 said: Yes. I'd say so but I'm a novice at these things. It looks from the pic that there's a retaining wall underneath the fence which would suggest that their plot is on level ground at the back of their garden. When they are not in / passed out, you could measure the height from the lowest point in your garden to see accurately what the height is. Have you spoken to other neighbours who may also be impacted (do they have neighbours on the other side also?). They may be in touch with council also or don;t feel as intimidated as you do. As for their shenanigans at the front of your house, I would install a discrete CCTV camera to capture any BS from them in future. You may also want to install one out the back (or even an indoor camera that you can place in a window cill if needed if you think things are getting out of hand during one of their parties). I have one of these and it's been a great little device before I install something fixed: https://www.toolstation.com/ezviz-mini-o-plus-1080p-indoor-wi-fi-camera/p59325 I feel for you! Whether you have kids or not, they should respect you and your right to privacy, sleep etc. When we were in our early 20s I'd be doing a bit of DIY in our marionette and the old cantankerous git from downstairs would be moaning at me for disturbing him at 17:30 "can't watch the news etc etc" They also accused us of other things like cigarette butts in their garden (we didn't even smoke). We were too nice to them in all honesty and should have held our ground as should you. I get on well with my current neighbour and will apologise to them if I've been making a racket and they do so likewise if their dog's been barking at me through the hedge. There's probably nothing you can 'apologise' for to get them a bit more on wavelength "we're having a kids birthday party soon - is there any day that you are working from home as it may get a bit noisey...." That kind of thing? Shows that you are a respectful neighbour etc etc. They may curb their antisocial antics a bit. The positive thing is, that the 'shed' is facing the other way - be worse if it was on the other side facing you IMO. I see all the seating is on the other side also - again, be worse if they were all against your side of the fence. If the council step and decide that they have built it too high, then perhaps you could reach a compromise (they erect a taller fence/ add trellis) rather than lowering everything their side as that will cost them a fair bit to do / aggravate them (but that's their fault!!). Good luck! Link to comment Share on other sites More sharing options...
Onoff Posted June 23, 2021 Share Posted June 23, 2021 Get into Linux Kali and **** their WiFi up for a start. If the music is being streamed that'll help. ? 1 Link to comment Share on other sites More sharing options...
MikeSharp01 Posted June 23, 2021 Share Posted June 23, 2021 28 minutes ago, oranjeboom said: DIY in our marionette and cripes! Link to comment Share on other sites More sharing options...
MikeSharp01 Posted June 23, 2021 Share Posted June 23, 2021 Try not to start a war, cos if you decide you need to get out, sell, you are often asked how are relationships with the neighbours and you are not allowed to tell fibs. Link to comment Share on other sites More sharing options...
joe90 Posted June 23, 2021 Share Posted June 23, 2021 2 minutes ago, MikeSharp01 said: Try not to start a war, cos if you decide you need to get out, sell, you are often asked how are relationships with the neighbours and you are not allowed to tell fibs. Very true regarding declaring neighbour disputes but clearly (IMO) the neighbour has broken the rules. Frankly if they get away with this what else will they bulldoze through? Simply getting (if possible) the planners out to visit will start the process, is this not the remit of the “enforcement officer” within the council? Link to comment Share on other sites More sharing options...
Jilly Posted June 23, 2021 Share Posted June 23, 2021 Time to plant a Leylandi hedge?! Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now