A shedload of strife for couple
IT’S the hut from hell built by a neighbour that’s casting a lot more than a shadow over the couple living next door.
The wooden monstrosity that now looms over Geoff and Jean Morris’ garden has left them both incensed and demoralised.
“The noise from the work has lasted for two years. It began as a pergola, but now is a building,” they told Crusader.
“It towers over our garden cutting out our light. Our funds will not stretch to a solicitor and other efforts have fallen on stony ground.”
Rows between neighbours may make for fascinating TV, but in reality they can blight the lives of those caught up in battles where often there are no winners.
But Geoff and Jean have legal rights. “The first thing to check is how high and close is the rogue building,” says qualified solicitor Nicholas Jervis who runs nationwide legal group Solicitors Near Me (solicitorsnearme.com) which advises consumers on all areas of law.
The structure must “not be within two metres (6.5ft) of the boundary and must not exceed 2.5 metres (8.2ft) in height,” he explains.
If it is more it would not fall within the Permitted Development Rights (PDRs) for outbuildings. These now allow the improvement or extension of homes without the need to apply for planning permission in cases where that would be out of proportion to the impact of the works carried out.
If not near the boundary, says Jervis, other rules include: for domestic use only; not to a front wall of the property; not more than 50 per cent of the garden size; and single storey only with maximum eaves of 2.5 metres (8.2ft) and maximum overall height of four metres (13.1ft).
Good preparation is wise, so know who your neighbours are and be on amicable terms if possible.
If they remain strangers, confirm with HM Land Registry who the rightful owner is.
Always keep an eye on building work from the start. If you believe that PDRs may have been breached, then notify your local authority’s planning department immediately as it has a range of enforcement powers in its armoury.
However, getting a response or concrete action in motion can prove to be a long drawn-out affair, so be prepared.
But do persist as development may become immune from enforcement after four years if no action is commenced.
Other than the planning authority, there is court which would involve the cost of a specialist dispute/ planning solicitor.
Crusader is supporting the couple in its bid to get its local authority to support them. “Once lawyers are involved the long-term neighbour relationship is usually damaged beyond repair,” observes Jervis.
“Then there will be problems on selling as the seller will have to detail the fallout with the neighbour, and the legal costs.”
● The Morris’ names have been changed