[Anna.Scott123]

Can anyone help I am new to this site and  :unsure:embroiled in a battle with the council over my shed. They say it is too large and imposing although it is smaller than the one that was previously there. They are asking me to put up a small 6 x 4 ft  shed over a large tree stump which they refuse to remove. one third of my half plot ( I wanted a whole one) is covered in concrete which they are also refusing to remove. It is the ideal place to put up a shed but I have been told I can't because it would spoil the view of the nearby flats. What are the planning guidelines re sheds on allotments, I believe that nobody has a right to light or to a view. Also there are other sheds way larger on the allotments. The appx dimensions of my shed are 6 x 8 and 6 1/2 ft high.
Help!
Please!
Anna

[Yorkie]

Welcome to the site 

My initial reaction is that the council is within its rights to set rules for the sizes of sheds and other structures on allotments it has responsibility for. 

My council has recently issued guidelines for this, and the permitted sizes depend partly on the respective size of the plot.  The tenancy conditions state that pernmission for structures must be sought / granted - and so breach of that condition could lead to the structure being removed or the tenancy forfeited.

I'm not fully sure, but I don't think that planning permission (in the true sense of the word) is applicable in this situation.

I'll move this thread across to the Grow Your Own forum as it may get more viewings there.

[Aunt Sally]

Check your tenancy agreement.  Most councils require permission to be given for ANY structure. It will be entirely up to the council to give or deny permission.  Some allotments allow no sheds or glasshouses at all.

[cooperman]

notwithstanding to individual site/council rules the law regarding sheds is quite simple, you do not need planning permission to erect a shed as it is classed as a temporary building - it can be as big as as you like really as long as its just a temporary structure.   It would be a different matter if it happened to be a log cabin and you lived in it!

[savbo]

If the council aren't being reasonable (and I'm not saying one way or the other!) I would ask (in writing)  the allotments officer to involve their manager to help resolve the issues. If that doesn't sort it, you have shown you are trying to play fair and would be in a better position bringing in your councillor....

[annieandjeremy]

In Birmingham we are permitted to erect one shed and one greenhouse which must be 10 x 8 or smaller.  We can erect temporary structures at certain times of the year and can substitute the greenhouse for a polytunnel (I think 20 x .  No-one on our site has a tunnel, some have greenhouses and most have some form of shed.

We inherited a 4 x 4 shed that was leaning so drunkenly that I pushed it over and it fell apart.  Currently we are clearing the plot and are looking at putting an 8 x 6 shed on the same spot to do odd jobs in, shelter from rain and keep a couple of chairs, pots etc.

[compostqueen]

In my experience councils can't just make up rules about what's permitted and what's not, although they often try!  They can try and weave all manner of rules into their tenancy agreements and often they're not challenged when in fact they can and should be!

Our site is a member of NSALG and we use their legal eagle to help us out when we come up against issues such as yours. So far we've seen off duff eviction notices, orders to take down greenhouses and sheds, orders to grub up fruit trees and soft fruit bushes, and even removal of water butts.  Our council even tried to levy a charge to erect a greenhouse but that fell flat too.  It's worth sticking up for yourself and not just slavishly accepting everything you're told without question

If they want the stump moving I'd let them move it. If they wanted it moved how come they rented the plot to you without moving it??  This is quite common and we've experienced this attitude with our council. We had one lady who inherited a delapidated commercial glass house on her plot. It was there when the council rented her the plot. As soon as she'd signed up she got a letter to remove it or else.  Ridiculous! 

[aelf]

notwithstanding to individual site/council rules the law regarding sheds is quite simple, you do not need planning permission to erect a shed as it is classed as a temporary building - it can be as big as as you like really as long as its just a temporary structure.   It would be a different matter if it happened to be a log cabin and you lived in it!

Having just gone through a planning app at work, we needed planning permission even tho the portable building was classed as temporary because it will be on site for more than 3 months. That said, I don't think sheds count as buildings so don't need any planning permission.

[fatcat1955]

We have 13 plots on our site and a very long waiting list. If someone give's up a plot , the council will now only let it in 2 halves. Good idea?  shortens the waiting list. But if 1 half has any structure , shed/ greenhouse etc, the other half can have no structures whatsoever.  Very unfair as the 2nd person has to lug all his tools/equipment back and forwards.

[pink aubergine]

Ask the council to come down on to the site to discuss the problem, so they can see the concrete etc. Often they cant picture it from their offices. If no joy from them, ask to go to someone higher up. When that doesn't work, get your local councillor involved. Normally you get to someone in the end who shows some common sense.

On our site, if you were to lift the concrete, the council woulld be duty bound to provide a skip for its removal.

Do you have an allotment association? If so, do they belong to NSALG? If not you can join yourself, but is more expensive than if you join through your association. They offer great advice. However if in your tenancy rules it states sheds of a certain size, then thats the rules. Its true that you dont need planning permission for tho as its only a temporary structure.
Best of luck.

[Anna.Scott123]

Thankyou for all your replies I am composing a response to our lovely council! 

[Anna.Scott123]

If the council aren't being reasonable (and I'm not saying one way or the other!) I would ask (in writing)  the allotments officer to involve their manager to help resolve the issues. If that doesn't sort it, you have shown you are trying to play fair and would be in a better position bringing in your councillor....

I have brought in my councillor now and there was a site meeting with the asset management team and himself. (I was not invited to this which is infuriating.) He tells me I now have 3 options...
1/ No Shed
2/ A small shed
3/ My shed but made a bit smaller which I would have to share with my neighbor,
I would rather take the option of the small shed than share with anyone, I can only see it causing problems and liability risks. I have told them I will compromise by cutting the shed down to an agreed size but they just seem to think I am being stroppy and won't give me a size. Where I want to put it does not obscure any view from the houses behind so I can't see a problem. The residents so hate the fact that there are allotments in their view they have now taken to cutting any of my plants that grow higher than the 4 ft wall.  How am I ever going to get a greenhouse put up?
Rant over.....

[ember]

Just as a final thought if you find yourself getting nowhere very fast write a complaint to the Chief Exec and council leader with a reasonable date by which you want a reply. If no joy there is always the Local Government Ombudsman.

Good luck M