Planning issue - Garden Shed

S_D

I’ve built a garden shed within all limits (3.0m height , 22m squared , overall have well over 40m2 left in the garden etc ) my neighbour complained to the council as she doesn’t like it , they did an inspection and we got a letter today stating they need to carry out further measurements in my neighbours garden ?!? The gardens are all sloped so my neighbour to my right is higher ground level and my neighbour to my left is slightly lower. The letter said they need to take that into consideration and re measure it from there side (even tho a boundary wall separates) now this is all totally new to me , never did we hear of measuring neighbours ground level as regulations clearly state its ground level in MY garden. There’s a difference of maybe 4 inches her side so if you measured it from her ground level it’s around 4 inches over the 3 metres. Is this legit and if so am I likely now going to have to reduce it ? I’ve never heard or seen this happen before so it’s strange. Any help appreciated. Thanks

sydthebeat

S_D wrote: »

I’ve built a garden shed within all limits (3.0m height , 22m squared , overall have well over 40m2 left in the garden etc ) my neighbour complained to the council as she doesn’t like it , they did an inspection and we got a letter today stating they need to carry out further measurements in my neighbours garden ?!? The gardens are all sloped so my neighbour to my right is higher ground level and my neighbour to my left is slightly lower. The letter said they need to take that into consideration and re measure it from there side (even tho a boundary wall separates) now this is all totally new to me , never did we hear of measuring neighbours ground level as regulations clearly state its ground level in MY garden. There’s a difference of maybe 4 inches her side so if you measured it from her ground level it’s around 4 inches over the 3 metres. Is this legit and if so am I likely now going to have to reduce it ? I’ve never heard or seen this happen before so it’s strange. Any help appreciated. Thanks

is the shed totally on your own land.. ie so that there is ground between the shed and the boundary wall with your "lower" neighbour?? if so how much ground?

or is the wall of the shed the new boundary wall?

S_D

sydthebeat wrote: »

is the shed totally on your own land.. ie so that there is ground between the shed and the boundary wall with your "lower" neighbour?? if so how much ground?

or is the wall of the shed the new boundary wall?

It’s all on my land only. We built it right into the wall on my side and the gutter is sitting on top of the boundary wall (my side of it off course)

But The boundary wall hasn’t changed , my shed is just up against it on my side.

Gumbo

S_D wrote: »

It’s all on my land only. We built it right into the wall on my side and the gutter is sitting on top of the boundary wall (my side of it off course)

But The boundary wall hasn’t changed , my shed is just up against it on my side.

This goes against you.
Now the height on that side is taken from the other side of the wall (your neighbors garden) and it that’s lower then your may have breached the height limit and may need to apply for retention.

sydthebeat

S_D wrote: »

It’s all on my land only. We built it right into the wall on my side and the gutter is sitting on top of the boundary wall (my side of it off course)

But The boundary wall hasn’t changed , my shed is just up against it on my side.

So essentially there is no obvious separation from this shed and the boundary.

you have to understand that the spirit behind the prescribed distances and measurements in the "exempted development" is not for your benefit, but for your neighbours. So if the regs say a measurement of 3.0 m above ground level, and the building is on the boundary then its your neighbours ground level that the 3.0m affects, not yours.
(its arguable that if there was significant ground level between your shed and the boundary then the 3.0 m would apply to both sides of the shed, which is your own land, and thus would be exempt... hence my question above)

you have options IF the council come back and say its not exempt.

you can apply for a section 5 declaration, and upon expectation that the council decide the development is not exempt, you can appeal to an bord pleanala.

alternatively you can apply for permission to retain the structure

S_D

Gumbo wrote: »

This goes against you.
Now the height on that side is taken from the other side of the wall (your neighbors garden) and it that’s lower then your may have breached the height limit and may need to apply for retention.

Sorry I wrote it wrong previously. There was a stud put up so we didn’t use the boundary wall on her side. On the other side we built it directly against the wall but on the side there’s an issue a stud was placed as the neighbour wouldn’t let us build the wall higher. None of the structure is on the wall as such only a piece of gutter which I can remove .. sorry my last post was maybe confusing

Just to confirm there is a 4inch gap between the stud and the boundary wall so there is actually ground between it.

S_D

I’ve took a picture and the arrow is where the boundary wall ends. You can see there is a gap between both. Obviously the gutter is there but can be removed.

Rodin

S_D wrote: »

I’ve took a picture and the arrow is where the boundary wall ends. You can see there is a gap between both. Obviously the gutter is there but can be removed.

That wall isn't straight.

antix80

Looks horrible. I can see why your neighbour is upset. Crap finish and an ugly gutter running along the top of the wall.

hurikane

Have you got a photo of the complete shed?

What you’ve posted would give anyone cause for complaint. It looks like a shed towering over the neighbours garden.

LawBoy2018

Lol! Ruthless

S_D

hurikane wrote: »

Have you got a photo of the complete shed?

What you’ve posted would give anyone cause for complaint. It looks like a shed towering over the neighbours garden.

Haha fair point. Il just rip her down

John Hutton

Wow no wonder your neighbour is livid, I would be too based on that picture.

I could be picking it up wrong, maybe post a full picture of tbe shed?