Any planning experts? Specifically outbuildings.

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Rich H
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Re: Any planning experts? Specifically outbuildings.

Post by Rich H » Wed Nov 09, 2011 9:56 am

I don't know what the rules are up in Scotland but any neibourly disputes have to be declared down here.
Avoid having a 'dispute' with him and let officialdom do it's thing. So far you have spoken with him, no arguments IIRC.

That way you have no dispute with him to report, you made a legal challenge through the correct route and the planning bods then enforce it.
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kenny
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Re: Any planning experts? Specifically outbuildings.

Post by kenny » Wed Nov 09, 2011 10:27 am

Image

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renmure
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Re: Any planning experts? Specifically outbuildings.

Post by renmure » Wed Nov 09, 2011 10:41 am

Rich H wrote:I don't know what the rules are up in Scotland but any neibourly disputes have to be declared down here.
Avoid having a 'dispute' with him and let officialdom do it's thing. So far you have spoken with him, no arguments IIRC.

That way you have no dispute with him to report, you made a legal challenge through the correct route and the planning bods then enforce it.
The "dispute" thing can be a bit misleading. It is only really relevant if you are selling and there is a dispute about something substantial and arguable which would effect a purchasers decision.. for example a conflict over a boundary line, a party wall, a joint service, or a right of access or the like. Something like this, where there is a simple "falling out" with a neighbour wouldn't come into that category since, at the end of the day, he will either be allowed to fit decking or not.

I have a proper "dispute" with my neighbour at the moment since he annexed a 40m x 20m strip of my garden a few years ago to make a play area for his little boy. It is so far away from my house and so out of the way (and being close to their house, it does make a good play area for the wee boy) that it seemed churlish to make too much fuss other than making clear to him that he was using it with my consent. His house is currently for sale and one of the pics shows the "lovely play area" and he was a bit evasive when I mentioned it to him and asked if he was making it clear to viewers about who owned it. Anyhow.. my options apparently were either to clarify the boundary by putting a fence up (which seemed a bit confrontational, expensive and although I am happy to be "in dispute" with them, I don't really want to fall out) or having my solicitor contact his to flag up the area on the title deeds as being "in dispute" so that any potential purchaser would know that this bit didn't come with the house.
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Sanjøy
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Re: Any planning experts? Specifically outbuildings.

Post by Sanjøy » Wed Nov 09, 2011 11:03 am

Take a look at these, might help with words and cases.

http://planning.fife.gov.uk/online/appl ... UOTHF0UX00
http://planning.fife.gov.uk/online/appl ... D69HF0O100
http://planning.fife.gov.uk/online/appl ... C42HF0UX00

Do a search herefor decking there are loads in here and retrospective ones too which you neighbour will have to do.


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Sanjøy
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Re: Any planning experts? Specifically outbuildings.

Post by Sanjøy » Wed Nov 09, 2011 11:06 am

PS loving thisapplication
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Rich H
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Re: Any planning experts? Specifically outbuildings.

Post by Rich H » Wed Nov 09, 2011 11:39 am

Document unavailable?

Our paperwork listed all sorts of things about neibours, parking problems, boundaries and so on.
Might just be a local quirk though.
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Sanjøy
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Re: Any planning experts? Specifically outbuildings.

Post by Sanjøy » Wed Nov 09, 2011 12:07 pm

Rich H wrote:Document unavailable?

Our paperwork listed all sorts of things about neibours, parking problems, boundaries and so on.
Might just be a local quirk though.
First doc on this
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Stevoraith
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Re: Any planning experts? Specifically outbuildings.

Post by Stevoraith » Wed Nov 09, 2011 3:02 pm

Sanjoy- awesome, thanks for those links.

I hadn't realised you could search like that, I had been searching google for 'fife council planning decking' etc with limited results!

Plenty of reading to be done there, and plenty of precedents for him being refused permission :thumbsup
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Re: Any planning experts? Specifically outbuildings.

Post by a4drk » Wed Nov 09, 2011 6:06 pm

On the news today.
A Kirkcaldy man jailed for murdering his neighbour .....

I heard this & immediately thought of this post ......
http://www.bbc.co.uk/news/uk-scotland-e ... e-15654326

Steve - Whats your surname ?

:D

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Stevoraith
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Re: Any planning experts? Specifically outbuildings.

Post by Stevoraith » Wed Nov 09, 2011 6:19 pm

<thread goes quiet- there's not much internet access inside>
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Stevoraith
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Re: Any planning experts? Specifically outbuildings.

Post by Stevoraith » Tue Jan 03, 2012 11:58 am

Quick update:

He has submitted a planning application for his outbuilding (retrospective) and decking which he plans to put on top of it.

You can have a look here on the Fife council site if you are interested.

Interestingly he cites usage of the 'shed' as 'storage of garden equipment, toys and bicycles'. Rather different from the pool/games room which he always told me it was to be :roll:

I'm currently writing my objection and will submit it today or tomorrow.
He's been very lucky with the timings as the neighbour notifications were recieved on the 23rd December so there's a chance some neighbours may forget about it over the festive season.
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glasgowwestie
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Re: Any planning experts? Specifically outbuildings.

Post by glasgowwestie » Tue Jan 03, 2012 12:22 pm

See if you can get together with a couple more neighbours, as a group objection seems to carry a LOT more weight than an individual one
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Stevoraith
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Re: Any planning experts? Specifically outbuildings.

Post by Stevoraith » Tue Jan 03, 2012 1:01 pm

Yeah, that's my thoughts too.

The neighbour on my other side is as upset about it as me and they are also objecting (they had actually complained to planning before I did). The next two neighbours will also be affected but not as badly as us and as they are elderly I'm not sure if they will object. I will make a point of speaking to them about it though.
Last edited by Stevoraith on Tue Jan 03, 2012 6:59 pm, edited 1 time in total.
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glasgowwestie
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Re: Any planning experts? Specifically outbuildings.

Post by glasgowwestie » Tue Jan 03, 2012 1:30 pm

Maybe you can encourage others that are less directly affected by saying that it might become a 'planning precedent' for both sides of the street, which would mean that they have less power to protest if someone decides to build something similar next door to them?
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jen
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Re: Any planning experts? Specifically outbuildings.

Post by jen » Tue Jan 03, 2012 6:53 pm

I would also put it to neighbours that it may be harder to sell their own house if this extension went ahead. Good luck with it.

Jen

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