Council flat and garden sheds **Resolved**

[billandbennflowerpotmen]

I live in an upper house conversion, that is owned by the council.

I have been here for 7 years.

 

The property comes with its own back garden that backs onto a playing field.

 

I have mental health issues and do not go out much due to severe anxiety, for which I am medicated for.

 

In 2021 I thought it would be a good idea to have an outbuilding built so I could use it for a space for meditation and other 'quiet time' reasons. Inside the shed is a large room with a desk area and work top. I have my computer screen, my music and my electric organ. In the smaller room I have a small 2-seater sofa and a pull-down screen with a projector for watching movies etc via the firestick. 

 

When preparing to build the out building I looked on the council's website and got the sizes and all the info I needed, so as to not have to apply for planning permission.

 

I had the cabin built within these rules. Someone then told the council and they have just recently come to my property to check it all out. They measured the cabin and said because there is a grass area at the back of my garden that is lower than the outbuilding, and they must go from the lowest level to measure the height. This made the outbuilding a couple of inches higher at the front. They went off and said they would probably write me a letter to explain this but would not take any further action due to the rest all being under the requirements.

 

Yesterday I got a visit from the council and was told that I need permission to have the outbuilding due to living in a flat and not a house. I explained that it does not state this on their website and they quoted me sections of the Town and Country acts and that I must make a retrospective planning application.

 

I did some homework on the computer, via the government website and see that this is true about living in a flat. I was prepared to bite the bullet and put in planning for the outbuilding.

 

Today, however, they have called me to tell me my other two sheds, which hold garden tools and bikes and my mobility scooter and other prescribed items from the hospital ( i get them delivered every 3 months and have no space inside my flat) are also unauthorized and I need to put planning permission in for these 2 sheds.

 

I have been told I can include them on the retrospective planning application for the outbuilding. They are also saying I put a path in and did not get permission for this either. The path takes me to the end of the garden to the other 2 sheds. I had it put in because directly behind my garden fence is a small stream that gets filled in the winter months and causes my garden to be very water logged and unable to walk across without getting wet feet up to your ankles. 

 

I have in the past had problems with my council and made complaints about the way the problems were handled and I feel now they are getting their own back by making things difficult for me. (The complaint was because the housing officer did not put the phone down before talking about me and I heard what was said and made a higher up complaint. The result was she was no longer allowed to be my housing officer and she had to apologize to me) This was 5 years ago. 

 

What I am wanting to find out is my rights.

Is it correct that I cannot put a shed in my garden?

 

pointed out that downstairs have 3 sheds in the garden and they are not doing the same to them (I have said sorry to my downstairs Neighbours) but the council have come back with they have looked on google maps and the downstairs sheds have been there for over 4 years. I know this is true for 1 of their sheds but the other 2 were put up last year.

 

I have asked for photographic proof of this and they said they will get back to me with it.

 

I dont want to push it because I dont want my Neighbours to be in the same position as me.

 

I also know that if they had photo proof from google they would know my Neighbour has done other major works!

 

Can someone please tell me where I stand in this matter.

 

thank you 

[unclebulgaria67]

Depends on the local rules and what it says on your council rent agreement.

 

Ask Council for written explanation stating law and any signed agreements they are using to require planning permissions for the changes you have made within grounds of your address.

[stu007]

Hi

 

 

Sadly the mistake you have made here is not asking the Council for permission for that Out Building irrespective of Planning Permission as your Tenancy Agreement is with the Council there will be clauses in that Tenancy Agreement that any amendment to the property you need to ask permission.

 

Even my own Tenancy Agreement with my own Housing Association has that specific clause in it where you need to ask for permission in writing.

 

Bear in mind you did not just put up an Out Building but also a paved a path to that Out Building without getting permission first from the Council who are your Landlord therefore they could class this as a Breach of Your Tenancy Agreement.

 

When you rent a property you are only renting it the property and any land does not actually belong to you but belongs to your Landlord the Council.

 

As the Councils Planning Officers are now involved irrespective that other may have out building (they may have correctly asked the Landlord for permission which you will be unaware of and the Council will not tell you about due to Data Protection Act).

 

Your only way around this IMO is to officially write to the Council your Landlord asking for permission for these Out Building and the paved path to those Out Building explaining your reason and you medical disability (don't add that others have out building may go against you) just explain your medical reason in detail and give details of the dimension of the Out Buildings who installed them (any invoices) same with the Path to the Out Buildings.

[stu007]

Hi

Any further update on this?

[billandbennflowerpotmen]

Hello Stu007

Thank you for your reply. 
I consulted an Architectural company called A9 in Hadleigh and they helped me make a retrospective application. We received confirmation last week that it had passed. 
I agree that I should have asked before putting the building up and I should have did more homework first but I stupidly didn’t even think of that. I learnt a big lesson. 
I would highly recommend A9, if anyone in the area needs any planning work. They were brilliant from beginning to the end. 
thank you again

 

[stu007]

Hi

Many thanks for the update and glad you managed to get this resolved.

You know where we are if you need any further assistance with anything and make sure and let others know about CAG.

Will mark your Topic as Resolved.