A HOMEOWNER has hired a crane to prove he has broken no planning laws after being forced to remove his shed – following one complaint.
Steve Holden, of Hastings, East Sussex, has been fighting to keep his shed for the past year after being ordered to remove it by the council’s planning department.
He uses the shed as an electronic workshop but claimed the council refused his retrospective planning application, leading to an enforcement notice ordering him to remove his shed.
When a change is made to a property that requires planning permission a local authority can request the owner/occupier make a retrospective planning application for the completed work.
The process will be treated the same as any other – however, the local authority can issue an enforcement notice which requires the owner/occupier to put things back as they were.
Steve decided to find another way.
He told Sussex World: “It hasn’t been cheap hiring a crane but I wanted to prove a point.”
Steve argued that his shed is not a permanent structure and the Caravans Act 1960 proves his shed qualifies as a caravan because it is a transportable singe frame structure.
The Act defines caravan as “any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted”.
By hiring a crane to lift his shed, Steve proved it can be transported in one piece.
He explained that Peter Bucklitsch, the man who designed and built the shed, assured him it did not need planning permission as it is easily movable.
“Unfortunately the planning department disagree. It is not attached to the ground in any way and by lifting it with the crane to show clear ground underneath we hope to have proved that,” Steve said.
Mr Bucklitsch, who previously designed earthquake proofed structures, said if the action goes ahead it “would have implications” for people with caravans on their drives – as they would need planning permission.
He added that he has raised it with the council but they are yet to respond.
“In terms of law this is a chattel, which is effectively a personal possession,” he said.
Steve is appreciative of the support show by his neighbours who have offered to sign a petition in favour of him keeping the shed.
A spokesperson for Hastings Borough Council said: “Mr Holden has sought to gain planning permission however, this was refused and a subsequent appeal against this refusal was dismissed by the Planning Inspectorate.
“Since then the Planning Enforcement Team have requested the unauthorised structure is removed.
“The Planning Enforcement Team have and continue to be open to discussion with Mr Holden regarding this matter, however the structure is in breach of planning control.
“Mr Holden has the right to appeal against the enforcement action taken by the Council and he is able to make his representations regarding the structure to a planning inspector.”
GOV.UK recommends you seek planning permission when you:
To find out if your project will need planning permission, contact your local planning authority (LPA) through your local council.
Some building projects do not need planning permission. This is known as ‘permitted development rights’.
According to the Planning Portal:
Outbuildings, such as sheds, are considered to be permitted
development, not requiring an application for
planning permission, provided all the conditions
are met.
1) On designated land, outbuildings to the side of
the house are not permitted development.
2) Outbuildings are not permitted development
within the grounds of a listed building.
3) In national parks, the Broads, Areas of
Outstanding Natural Beauty and World Heritage
Sites the total area to be covered by any
outbuildings more than 20 metres from ANY
WALL of the house must not exceed 10 square
metres to be permitted development.
4) Outbuildings are not permitted development
forward of the principal elevation of the original
house.
The term original house means the house as it was
first built or as it stood on 1 July 1948 (if it was built
before that date).
5) Outbuildings and other additions must not
exceed 50% of the total area of land around the
original house. Sheds and all other outbuildings
and extensions to the original house must be
included when calculating this 50% limit.
6) To be permitted development, any new building
must not itself be separate, self-contained, living
accommodation and must not have a microwave
antenna.
7) Outbuildings must be single storey with
a maximum eaves height of 2.5 metres and
maximum overall height of 4 metres with a dual
pitched roof, or 3 metres in any other case.
8) If the outbuilding is within 2 metres of the
property boundary the whole building should not
exceed 2.5 metres in height.
9) Balconies and verandas are not permitted
development. Raised platforms such as decking
are permitted development provided they are no
higher than 300mm.
10) Containers, such as those used for domestic
heating purposes, must not exceed 3,500 litres
capacity to be permitted development.
