My neighbour reckons I need planning for my (elevated) garden room

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Aladdin

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In the middle of having a shomera-type garden room installed at the side of my house and my adjoining neighbour has pointed out that it needs planning permission due to the fact that it's not a standard situation - my house is split-level and so our rear garden is a good 1.5 metres above ground level. I double checked the garden room planning conditions and I'm within all the standard conditions, but unsure if the garden height-difference comes under non-standard planning regs. My neighbour's argument is that the structure is in fact 4.5 m above ground level so looks more like a two-storey structure above the boundary fence, and is visible from the front with windows overlooking his property, but not a lot I can do about the garden height? I couldn't exactly put it on my ground level driveway.

Should I check with planning before proceeding any further or maybe look for retention down the line? I don't want to fall out with my neighbour either but if I'm not doing anything untoward ...
 
if they are pointing out it needs PP you can be sure they intend to object so i wouldnt worry about falling out with them.
 
Blackrock1 said:
if they are pointing out it needs PP you can be sure they intend to object so i wouldnt worry about falling out with them.
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He says he isn't going to object but I'm not so sure if other neighbours will and I dont want to be caught unawares.
 
you could always contact your local council to check, i had a neighbour say something similar to me before, he was a solicitor, he was also completely wrong.
 
What are your options?
Halt the installation? How far are you into it? Can it be halted?
Can it be relocated?
Fire ahead with it and see if you get an enforcement notice. Then apply for retention?
Talk to your neighbours - the bit about windows overlooking them is very valid and I would see if that can be fixed e.g. by shuttering those windows.
 
If you're garden is 1.5m above the ground level then it won't be exempt from planning.

However you mentioned your house is split level. Have you any ground floor at garden level? If the upper level of the ground floor is 1.2m max above the lower split level then it's also classified as ground floor and you might be able to argue that way. If it's above 1.2m (you said 1.5m) it's a separate floor and not 'ground'.

1749476661327.png

It can be difficult to calculate the height of a building but this is the guideline from building regulations:

1749476347933.png
 
Duddaa said:
However you mentioned your house is split level. Have you any ground floor at garden level? If the upper level of the ground floor is 1.2m max above the lower split level then it's also classified as ground floor and you might be able to argue that way. If it's above 1.2m (you said 1.5m) it's a separate floor and not 'ground'.
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Those diagrams are really helpful, thank you - where are they from? I think I might indeed be in trouble here - the kitchen/living area of my house - same level as the garden, is 1.5m above ground level and needs steps to get to it, so I don't think I could argue it's ground floor since the entryway and another room below it is at actual ground level. The garden room is under construction at the moment and plan was for the windows to let me capture some sea views so don't want to shutter them.
 
Does look like you're in trouble as you put it and you're neighbour is right. The kitchen / living is on the first floor or mezzanine level or whatever you want to call it but not ground level. Drawings are from Technical Guidance Document Part B - Fire for Dwelling Houses so perfectly relevant in your case for defining floor level.
 
Duddaa said:
Drawings are from Technical Guidance Document Part B - Fire for Dwelling Houses so perfectly relevant in your case for defining floor level.
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So what's the best approach since we're mid-build and I've paid upfront for the garden room? Ask for permission? Or forgiveness?
 
I'd try and agree something with the neighbour, to ease their concerns about being overlooked.
Could the boundary fence be raised (without the need for pp), for example?
 
Aladdin said:
So what's the best approach since we're mid-build and I've paid upfront for the garden room? Ask for permission? Or forgiveness?
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The supplier won't be any help. You'll have signed something saying they take no responsibility for planning. If it were me I'd immediately chat to the neighbour and be honest and upfront. You though you were ok but now realising you're not. See if they want anything done. Next depends on the install date and programme. Have foundations being poured? When are they due to install and can it be pushed out. I'd try and lodge planning asap before it goes up. You could also go in for a pre-planning meeting to ensure all planners concerns are addressed bringing completed drawings with you so then can highlight any minor bits missing that could incur an RFI (request for additional information) that wou
 
Whatever about keeping the neighbours onside, wouldn't it also be prudent to understand what, if any, planning (and building regulations?) issues apply and that they are adhered to to avoid problems down the line for example when selling the property on etc.?
 
Salvadore said:
In my experience, the suppliers are more interested in selling you a dream and less interested in ensuring that the end product is in compliance.
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Indeed but also if things need to be changed it will be necessary to speak to the supplier so best to sound them out on the overall situation.
 
Duddaa said:
You could also go in for a pre-planning meeting
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FWIW I completed a pre-planning application in Fingal County Council. I rang a few weeks later having heard nothing and was advised by whoever answered the call that planners are so busy I was unlikely to ever hear back and I should just lodge a full application and deal with queries when they come back because they just respond to full applications in defined periods of time. 9 months on and I have full planning permission granted for a garden office and never heard back on the pre-planning application.

I would agree with others though that you should talk to the neighbour and you should do planning right, always thinking of the day you sell and need the sale to complete cleanly so you can move to your next home.
 
Zenith63 said:
FWIW I completed a pre-planning application in Fingal County Council. I rang a few weeks later having heard nothing and was advised by whoever answered the call that planners are so busy I was unlikely to ever hear back and I should just lodge a full application and deal with queries when they come back because they just respond to full applications in defined periods of time. 9 months on and I have full planning permission granted for a garden office and never heard back on the pre-planning application.
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Exactly. That's why I said bring the completed drawings with you and get their name and if they've comments, suggestions in the meeting incorporate and lodge the planning the next day. Time is critical here if he's paid and they've started work. I wouldn't even advise the original poster to wait 3 days for a reply. Just have the meeting and bang it in. Its more about getting the name of a planner who you've spoken to that you can put on the application form so they're up to speed when it arrives on their desk.
 
Could you dig out (Civil Works) the area/footprint of the garden room to lower the base to 1.2M? You'd be removing 300mm x the area of the room....but you'd still need to be able to access the doorway. Maybe the doorway faces the lower level and new steps could be formed to access the doorway?
 
Uafásach said:
Could you dig out (Civil Works) the area/footprint of the garden room to lower the base to 1.2M? You'd be removing 300mm x the area of the room....but you'd still need to be able to access the doorway. Maybe the doorway faces the lower level and new steps could be formed to access the doorway?
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Not sure if that's any good to me since it still doesn't put the garden room at ground level? And yes the company installing it say they've no responsiblity for planning compliance.
 
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