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Planning permission - Lean-to Greenhouse/shed
In article ,
Malcolm wrote: You're just weird, you are! Where, please, do I say anything about it giving "VASTLY more powers"? I can't see any words of mine like that so why do you claim that I have written them, or even implied them? Because the 1971 Act does not give local authorities powers to control things like garden walls and sheds. You are claiming that the 1997 (Scotland) Act does. That IS "VASTLY more powers". What I have pointed out is that there is a 1997 planning act in Scotland which, by virtue of its date, its geographic scope and the fact that it was passed by the devolved Scottish parliament, is significantly more relevant than the 1971 Act which you quoted. Doubly so as the 1971 Act has a Scotland version, the 1972 Act, which is specifically repealed by the 1997 Act. You are also claiming that the ONLY people who can give advice are the local authority. For that to be true, they would have to have powers to control the developments in question. If they don't have, then ANYONE who knows the 1997 Act can say "Build away. If they hassle you, tell them to bugger off." Your presumptions are, as usual, unwarranted. Err, no, I don't think so. I know you are a (self-professed) expert in a wide diversity of subjects but somehow I doubt whether the operation of Scottish local authority planning departments or Scottish planning law is among them. I don't pretend to expertise, but at least I have some personal experience of both. Your presumption that I was basing my statements on English court cases is unwarranted. For example, I have received Email from several Scottish residents about their hassles with planning authorities and, in some cases, the difference between the law as written and the law as interpreted by them. But, and it seems one has to return to this point, he *still* *has* to contact his local authority planning department if he wants *any* advice on what he is or is not permitted to do specifically in Aberdeen. Offering advice (or background) based on the situation in England either now or 30 years ago is not going to help him. Twaddle. If the local authority planning department has no powers to restrict what he can do, then he does not need to contact them for advice or anything else. Even if it does, he can get advice from anyone who knows the situation, whether via uk.legal or by paying a lawyer. Regards, Nick Maclaren. |
Planning permission - Lean-to Greenhouse/shed
"BAC" wrote in message ... "Alan Holmes" wrote in message ... "Chris Stewart" wrote in message ... Hi, We have a six foot high wooden fence at the end of our garden in not so sunny Aberdeen. I want to replace the fence with a breeze block wall. Two questions:- a) what height of wall can you build without needing planning permission? Don't know, but:- b) can I build a lean-to greenhouse/shed without planning permission? Yes Quite right, absence of planning consent doesn't actually prevent one from doing anything. It's the risk of enforcement action likely to be taken if you 'transgress' which does that. If worried that what one has in mind might require consent, the simplest answer, as has already been suggested, is to have an informal chat with a duty officer at your local planning authority. A person might also check the title documents to see whether anything enforceable runs with the land to limit the right to erect outbuildings. Thanks chaps and chappesses, obviously I need to talk to the local planners. No need to get aerated about the subject, though - if you don't know, then that's fine. I only asked! Chris S |
Planning permission - Lean-to Greenhouse/shed
"Chris Stewart" wrote in message ... "BAC" wrote in message ... "Alan Holmes" wrote in message ... "Chris Stewart" wrote in message ... Hi, We have a six foot high wooden fence at the end of our garden in not so sunny Aberdeen. I want to replace the fence with a breeze block wall. Two questions:- a) what height of wall can you build without needing planning permission? Don't know, but:- b) can I build a lean-to greenhouse/shed without planning permission? Yes Quite right, absence of planning consent doesn't actually prevent one from doing anything. It's the risk of enforcement action likely to be taken if you 'transgress' which does that. If worried that what one has in mind might require consent, the simplest answer, as has already been suggested, is to have an informal chat with a duty officer at your local planning authority. A person might also check the title documents to see whether anything enforceable runs with the land to limit the right to erect outbuildings. Thanks chaps and chappesses, obviously I need to talk to the local planners. No need to get aerated about the subject, though - if you don't know, then that's fine. I only asked! Sorry about the argument. I expect your planners will give you all the guidance you need, hopefully the go ahead to get on with what you have in mind. If not, you might be wise to consult a professional planning consultant, since getting planners to change their mind can be a lengthy and costly business. |
Planning permission - Lean-to Greenhouse/shed
"Nick Maclaren" wrote in message ... In article , "BAC" writes: | "Malcolm" wrote in message | ... | | Why bother with another newsgroup which, whatever its collective wisdom | in legal matters, is highly unlikely to be able to give you the | authoritative *local* information regarding walls and sheds in Aberdeen | that you can get from visiting or phoning your local authority planning | department? | | It is they, and they alone, who can tell you exactly what you want to | know. Not only that, but you should receive an immediate answer | precisely focussed on your particular local enquiry, without having to | wait for, and then sift, the responses on the newsgroup. | | Quite right - advice from a legal newsgroup would cut little ice with an | enforcement officer, should one appear on the doorstep at some future | juncture, or with a future buyers' lawyers should you try to sell a house | without the relevant consent or a 'letter of comfort' from the LPA. The | local planning authority actually employs people to advise members of the | public on questions like the one concerned. Well, they may be helpful, but they may merely tell you what they want you to think. There is no comeback on them if they tell you completely bogus information, intended to make you think that you have fewer rights than you do, if that is their policy. There are several local authorities that are notorious for abusing their powers, and a far greater number that are thoroughly confused (for which I don't blame them). Furthermore, if you check up with the relevant legislation etc., you will find that almost the only location that has significant LOCAL regulations is Greater London. Almost everywhere else, the local variations are simply up to the how the local authority interprets the vague and obscure legislation. In some cases, they have the power to turn such interpretations into law; in other cases, they don't; in the majority of cases, nobody knows if they do or not, because no relevant dispute has reached the House of Lords :-( It is worth asking them what THEIR view is, but it is assuredly worth checking up if it doesn't match what you want to do. This newsgroup and uk.legal are good starts. Of course it is worth asking them what their view is, because it is their view they would be likely to act on. If their view is not the one desired, then by all means take further advice, but I would suggest use of a professional planning consultant. In this particular case, I have a copy of only the 1971 Act at home, but I believe that the relevant rules have not changed. There is nothing about garden walls or garden sheds, and my information is that the courts generally agree that they do NOT need planning permission unless they have services. What they may need is BUILDING permission and/or the go-ahead of the local Highways Authority (if they are near a road). All recent planning legislation, both Acts and SI's, is published on the Web by HMSO. Another useful source is http://www.gardenlaw.co.uk/walls.html where they express the opinion that PP is needed to build walls over 2 m height (1 m if on highway boundary) plus advise one should contact one's LPA before erecting a boundary fence or wall. Don't know whether that applies to Aberdeen, if it were me, I'd ring and ask them. |
Planning permission - Lean-to Greenhouse/shed
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Planning permission - Lean-to Greenhouse/shed
In article , Peter Crosland
writes uk.legal would be a good place to ask this. Perhaps not because Scotland has a different legal framework. Go and talk to your local planners who will tell the facts including any local peculiarities. Oh, is Scotland no longer in the uk then? Jon -- E-mail bouncing? Make sure your mailer is set to 'plain text' and not 'html'. |
Planning permission - Lean-to Greenhouse/shed
In article , Peter Crosland
writes uk.legal would be a good place to ask this. Perhaps not because Scotland has a different legal framework. Go and talk to your local planners who will tell the facts including any local peculiarities. Oh, is Scotland no longer in the uk then? Jon -- E-mail bouncing? Make sure your mailer is set to 'plain text' and not 'html'. |
Planning permission - Lean-to Greenhouse/shed
Subject: Planning permission - Lean-to Greenhouse/shed
From: Jon Rouse Date: 03/06/2003 21:32 GMT Daylight Time Message-id: In article , Peter Crosland writes uk.legal would be a good place to ask this. Perhaps not because Scotland has a different legal framework. Go and talk to your local planners who will tell the facts including any local peculiarities. Oh, is Scotland no longer in the uk then? We can but dream... **************************** Rhiannon http://www.members.aol.com/mddestiny/entrypage.html ClipclopclipclopBANGBANGclipclopclip -- Amish driveby shooting |
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