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Q&As
Have my neighbours disregarded planning regulations?
The neighbours have just built a huge two-bedroom lodge one metre from my southern boundary fence, well over 2.5m high, with three windows looking directly into where my bedrooms will be. The height throws a deep shadow over my plot, and the length and width make it bigger than their original bungalow, let alone dominating my land.
Although my plot has had planning permission on it for three years, the neighbours applied within the last year using a caravan licence. Not only does it not have wheels, but it came onto their land in hundreds of parts and will never be able to be taken out again. In response to objections from several of the neighbours, the council's enforcement team looked into it - without ever visiting the site - and have closed the case on the basis that, because it doesn't have planning permission, it is not subject to planning control!
They have not addressed the height, width or depth; the invasion of my privacy and right to light; and the fact that, although we are all in an Outstanding Landscape, the owners have made absolutely no effort to abide by the environmental guidelines (that I have had to follow).
Any suggestions on what to do?
One Answer
From a planning perspective, there are two separate issues here.
The first is the familiar ‘2.5m rule’. This applies to normal outbuildings erected under householder permitted development rights. In England, an outbuilding within two metres of the boundary must not exceed 2.5m in height if it is to be permitted development. It must also be used for a purpose incidental to the enjoyment of the main house, such as storage, a home office or a gym. It cannot be used as separate self-contained living accommodation.
However, your neighbour appears to be relying on a different route: arguing that the lodge is a ‘caravan’ or mobile home rather than a building. Essentially, structures that do not look like conventional caravans can still fall within the legal definition of a caravan. The question is not just whether the lodge has wheels or looks like it can be moved, but whether it satisfies the specific tests in the legislation: whether it is designed or adapted for human habitation, whether it is capable of being moved and whether it falls within the size and construction limits.
Either way, you are entitled to a full and clear explanation from the council. It is not enough for them simply to say: ‘It has no planning permission, therefore it is not subject to planning control.’ I am also surprised that they did not carry out a site visit, although one might have occurred without your knowledge.
I would recommend putting a little more pressure on the council. Ask for a more detailed explanation of their decision, including whether, and why, they consider the lodge to fall within the legal definition of a caravan. You can also ask whether they have considered the size, method of construction, removability of the structure and the way it is being used. If you are not satisfied with their response, you could contact your local ward councillors and make a formal complaint through the council’s complaints procedure.