Planning question
Discussion
My Grandmother owns and lives in a city centre property where the exterior walls are the boundry. She has a neighbour who has a small courtyard which backs onto the rear wall of her property. The neighbour has decided to run a headstone engraving business for which he built a corner conservatory with one side being fixed to my Grandmothers property. He also rests these headstones against my Grandmothers wall and chisels away during the daytime. The neighbour has also knocked a hole in the outer skin of the brick work where the gravestones have been resting which will need repairing.
Now, will the planning people have anything to say about this? or can I just go round and remove the offending structure thats fixed to the property(which would be much more fun)?
Now, will the planning people have anything to say about this? or can I just go round and remove the offending structure thats fixed to the property(which would be much more fun)?
Firstly is the wall you're grandma's property or a Party Wall between the properties?
If it's a Party Wall you've got no rights to remove anything.
Secondly, running that type of business from a home will need Planning Consent for change of use.
If it's a Party Wall you've got no rights to remove anything.
Secondly, running that type of business from a home will need Planning Consent for change of use.
Edited by mk1fan on Wednesday 26th May 20:51
The wall is hers, there is no party wall involved and the damage to her wall. I've just been to look again at it and two sides of his yard are walled by my Grandmothers as her building is L shaped and his corner "conversvatory/workshop" is fixed to both of them.......
The chap still lives there, he's running it as a cottage industry I guess!
The chap still lives there, he's running it as a cottage industry I guess!
This kind of devlopment can be a bit of a grey area in planning in terms of deciding whether the main use of the building has changed. Clearly the house was originally solely a dwellinghouse (use class C3) and it could now be argued that this has (in part) been changed to business (use class B1).
IIRC you would not need change of use for 'inobtrusive' business use i.e. using a home office or in a case where there are no deliveries of materials/vistors/noise generated.
It could be argued that you neighbour would be receiving deliveries, generating noise etc. that you would not expect from a dwellinghouse, therefore a change of use application should be submitted.
No doubt there is plentiful case law on the subject. If I were you I would contact the local planning department, outline the situation and take their view on it.
In any case, he should have at least sought permission to use the wall if it is not in his ownership.
As an aside, if the conservatory is within 2m of a boundary, the eaves height should be no more than 3m. Anything above this would not be classified as permitted development and would therefore require planning permission.
Hope the above makes sense.
IIRC you would not need change of use for 'inobtrusive' business use i.e. using a home office or in a case where there are no deliveries of materials/vistors/noise generated.
It could be argued that you neighbour would be receiving deliveries, generating noise etc. that you would not expect from a dwellinghouse, therefore a change of use application should be submitted.
No doubt there is plentiful case law on the subject. If I were you I would contact the local planning department, outline the situation and take their view on it.
In any case, he should have at least sought permission to use the wall if it is not in his ownership.
As an aside, if the conservatory is within 2m of a boundary, the eaves height should be no more than 3m. Anything above this would not be classified as permitted development and would therefore require planning permission.
Hope the above makes sense.
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