We've just built a pergola and put a perspect roof on, my neighbour s gone nuts says I need planning permision

Question

is he right or just old and grumpy??

Answer 1

as someone said before with the 3 metre rule..

depends , its a perminant fixture etc. or blocking their sunlight etc

or they are just jealous they haven't got one =)

u should have checked about plaaning permission before putting it up though.

my neighbours. hhmm seem to think our side of the alleyway is for their bins.. everytime they do it.. i put them back on their side.. if they keep doing that i'll just block up our side of the alleyway..

Answer 2

This Site Might Help You.

RE:
We've just built a pergola and put a perspect roof on, my neighbour s gone nuts says I need planning permision
is he right or just old and grumpy??

Answer 3

footy has an excellent answer and I agree. But I'll add my two cents. First, discreetly call the local planning and building departments. Don't tell them your location. They may say you don't need a permit, in which case, he may be grumpy or at least wrong, HAHA. But it could be that one says you need a permit and one says no. Or maybe you need permits from both. Either way, you may still be ok. Just between you and me, HAHA, the departments aren't likely to discover the structure unless you or someone informs them. So be nice to your neighbor. And even if they do find out, you will pay a fine and pay for the permit(s). But it won't be that much, few hundred dollars.

UNLESS, the structure is in a setback or easement. Then you may have more trouble. You may have to get a variance to keep the structure from being removed. And if it is in a utility easement, they will make you remove it.

That being said, this is based on my experience with local building and planning departments in the USA. So if you are elsewhere, with stricter regulations, you may have more problems and higher fees.

But no matter what, start with a few discreet calls to local building departments, describing the project, but don't give them your name or address.

Answer 4

No you don't need planning permission for a pergola in your garden as long as its under 8ft, perspex roof don't cut out light so its not a barrier which the council could get you on.

Seems your neighbours just envious of your pagoda

Answer 5

CONTACT YOUR LOCAL COUNCIL,
It does happen that sometimes people erect their garden pergola for example and then find to their absolute horror that planning permission is required and that, for whatever reason, that permission is not in place. This can be for many reasons including that they were genuinely not aware that permission was required. That however is not usually a defence in legal terms.

What happens next?

The first contact is likely to be from the local authority planning department when they become aware of the breach of planning control. It is quite possible and, indeed it is the case that many breaches are not reported and that there is never any contact from the local authority. Others breaches inevitably are.

The first contact is likely to be a letter from the local planning authority advising that there has been a breach of planning control and suggesting that a planning application be submitted, otherwise an enforcement notice could be forthcoming.

An enforcement notice can require, at the worst, the removal of all unauthorised works. Alternatively, it could require lesser works which would remedy the breach of planning control. All works are at your cost. Enforcement action should only be take where it is expedient and in the public interest to do so & it should not be just to regularise matters for example to punish you for not having sought planning permission.

It is important to remember that it is not an offence to breach planning control. It only becomes an offence as and when an enforcement notice has been issued and has not been complied with. There are quite severe penalties for non-compliance with a notice including potentially fines and/or imprisonment.

It is well worth being pro-active. Once you become aware that there has been a breach of planning control, speak with the Local Authority officers as early as possible to see if a compromise solution can be found. If it can, it may be worth submitting a retrospective planning application, ie an application for development after that development has taken place, to try to regularise matters. If that application is approved, that should be the end of the matter.

If however the application is refused or, indeed, if one is not submitted, the Authority may serve a planning contravention notice (PCN). A PCN asks various questions for example about when the development was undertaken and who has an interest in the land? In essence it is trying to find out exactly what has happened. If one is received, the questionnaire must be completed and returned accurately within the defined period which is often 21 days. To fail to do so is an offence with penalties for non compliance.

Following on from the above if the local planning authority resolve to serve an enforcement notice, you have a right to appeal on a number of grounds. That appeal must be lodged within the timescale given in the notice otherwise that right is lost and you have to comply with the notice.

The grounds of appeal against a notice can be varied and include that planning permission should be granted, that the notice has not been served properly, that the development is immune from planning control – perhaps by virtue of the length of time it has been in place, that its requirements are excessive and that the time periods for compliance are too short.

That appeal is subsequently determined by an inspector from the Planning Inspectorate who forms an impartial view on each appeal which has been made ranging from the contention that planning permission should be granted to the time periods for compliance are too short. If he agrees for example that planning permission should be granted the inspector will not consider whether the time period for compliance is too short as the need for it is obviated by his decision.

Hopefully the appeals would be won. In the event that they are not the specified works should be undertaken within the specified period otherwise that would be an offence. As noted above, as a worst case, that can include the demolition of the development and the reinstatement of the land.

The experience is clearly highly stressful and worrying and should be avoided wherever possible. It can easily take a year from the first point of contact with the local planning authority until an enforcement notice appeal is determined. That is a long time to have the worry in your mind. The moral is to remember to check whether planning permission is needed for whatever development you have in mind.

Legal confirmation that planning permission is or is not required can be obtained from the local planning authority through a reasonably straightforward application. Whilst that application costs a small amount and takes a little time it could save a lot of heart ache in due course. In addition it could help the sale of your house in due course & lawyers look for unauthorised development as part of the buying process. A certificate confirming that permission is not required overcomes that potential problem.

Answer 6

You shouldn't need planning permission for this - its classed as a temporary structure in most areas and is exempt from planning laws, unless you are on a site that specifically requires a permission.

Best thing to do is give the local council a ring and ask them, they don't bite.

Answer 7

Where do you live? In my street (in the UK) some of the older houses have a blanket protection order on them so i could not build this without my local council's permission. There may also be issues about your neighbour losing light, view or just being overlooked. It is a complex area - look at the link (if you are in the UK) and phone your local council - before they make you pull it down!

Answer 8

it depends on your local council planning department, also are you in the UK, also is the pergola built of wood,also how tall is it, if it is only single story height, then you shouldnt need any planning permission as it is classified as a non permanent structure (if constructed of wood) even if you have put a perspex roof on it, so i would say your neighbour is just old & grumpy & possibly jealous as well

Answer 9

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Answer 10

I don't know why but i don't find this story funny... as for ur question, i think it's possible to survive a fall in some cases but if it's a really tall building then the chances are really less.