My neighbour has built a garage 3ft from my boundary fence.
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neighbour → build → fence
He intends to repair and sell cars from it.
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He → intend → it
Is a building of this size permitted and can he run a business there?
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he → permit → business
Dean Dunham replies: There are two issues to address: The size of the garage and the running of a business, as there are separate planning rules.
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Dunham → reply → business
In Scotland, a domestic garage or outbuilding can be erected without planning permission under permitted development.
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garage → erect → development
But those rights have firm limits.
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rights → have → limits
The height of an ancillary building must generally not exceed 4m (13ft), and any part of the building within 1m of the boundary must not exceed 2.5m (8ft) in height.
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part → exceed → height
At 17ft (5.2m), their garage is above the permitted development height limit.
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garage → permit → limit
Because it is only 3ft (0.9m) from your boundary, the 2.5m restriction applies.
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restriction → apply → boundary
Unless your neighbour obtained planning permission or other form of consent, the garage appears unlikely to benefit from permitted development rights.
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garage → obtain → rights
Running a business from home does not automatically require planning permission.
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Running → run → permission
The question is whether the business has resulted in a material change in the use of the property.
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business → result → property
In Scotland, a domestic garage or outbuilding can be erected without planning permission under permitted development - but those rights have firm limits
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rights → erect → limits
A business involving repairing and selling cars could amount to a material change, particularly if it involves regular customers, vehicle movements, noise, fumes or other activity beyond what you would expect from a residential property.
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you → involve → property
The council will assess that.
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council → assess → that
The position in England is similar, although permitted development limits are different.
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limits → permit → England
An outbuilding within 2m of the boundary can't exceed 2.5m in height.
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outbuilding → exceed → height
I would report both the structure and the business use to the local planning authority and ask them to investigate whether the necessary planning permission exists.
Take dated photographs and keep a record of the business activity.
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permission → report → activity
The council can determine whether there has been a breach and what action is appropriate.
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action → determine → ?
I got a fine for £100 when I overstayed the free parking at a supermarket car park (without shopping).
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I → get → park
The notice said I could pay £50 if I paid within 14 days.
uncertain
I → say → days
But the notification arrived by post after the deadline.
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notification → arrive → deadline
Sadly, it was not date stamped.
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it → stamp → ?
Do I have to pay the full £100 or can I argue I should be allowed to pay £50?
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I → have → 50
Dean Dunham replies: First, this is a private car park, so what you have received is not a 'fine' but a Parking Charge Notice, a claim arising from an alleged breach of the parking contract.
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received → reply → contract
Such charges operate under contract law.
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charges → operate → law
If this was a camera-generated charge and there was no ticket placed on the vehicle, the Protection of Freedoms Act 2012 sets strict requirements.
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Act → generate → requirements
In particular, the notice generally has to be delivered within 14 days of the alleged parking event.
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notice → have → event
There is also a statutory presumption that a notice sent by post is delivered on the second working day after posting.
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notice → be → posting
Motorists don't have a statutory entitlement to 14 days at the reduced rate.
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Motorists → have → rate
The fact the notice arrived after the discount expired does not invalidate the charge.
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discount → arrive → charge
What is important is whether the parking firm complied with the statutory requirements for establishing liability.
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firm → comply → liability
If a ticket was placed on the windscreen, the timing rules are different.
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rules → place → windscreen
I would appeal in writing.
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I → appeal → writing
Explain when you parked, when the notice was posted, when you received it, and challenge any failure to comply with the Protection of Freedoms Act.
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you → explain → Act
I would also make the point that you are willing to pay the discounted amount as a final settlement, although the operator is not legally obliged to accept it.
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operator → make → it
If it rejects the appeal, it's a member of the British Parking Association's Approved Operator Scheme and provides access to Parking on Private Land Appeals (POPLA), the independent appeals service.
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it → reject → Appeals
The Aporia
