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Pigeon Lofts And The Council.


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Guest geordiejen

i have had a pigeon loft out my back yard for 5 years now.had neighbours complaining to me about them and i think they may very well be taking it to the council.is my hobby finished?no planning permission was sought as i thought at the time it would be refused anyway.the neighbours in question are not without question as they have biult a shed only a couple of feet from my house,also they had a fence put up a few years ago and have taken about a foot of my perimiter.also they have a live cable running along the fence exposed and its on my side of the fence.if the complaint was logded to the council by these people could i then complain about thes 3 things.

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i have had a pigeon loft out my back yard for 5 years now.had neighbours complaining to me about them and i think they may very well be taking it to the council.is my hobby finished?no planning permission was sought as i thought at the time it would be refused anyway.the neighbours in question are not without question as they have biult a shed only a couple of feet from my house,also they had a fence put up a few years ago and have taken about a foot of my perimiter.also they have a live cable running along the fence exposed and its on my side of the fence.if the complaint was logded to the council by these people could i then complain about thes 3 things.

 

Firstly, your missives will (probably) contain a clause stating that landlord permission (from the Council’s Housing Dept) is needed before animals are kept on their property. Secondly, if the pigeon loft is above a certain size, you will also need Planning Permission (from the Council’s Planning Dept) for the building before it is erected. Otherwise if it’s a small pigeon loft within the permitted sizes, it is treated the same as a garden shed, and you don’t need planning permission for it – but you will still need permission to keep pigeons in it.

 

Thirdly, you don’t have permission for your pigeons, but that doesn’t mean you have to give them up. Your ace card is that during the 5 years the birds have been there, there have quite obviously been no complaints about your loft or birds, or the state of your house or garden, otherwise the Council would have been round checking long before now. Skip the problem neighbour and get letters from the others saying that the you, your pigeons and your loft have caused them no problems and they are happy for you to have them. Then go to the Council and tell them you have ‘discovered’ you need their permission and ask for it to be granted retrospectively. Also ask for advice on the need for planning permission for your loft.

 

That will get you a visit from the Council Housing & Planning Depts. During these visits casually mention the fence erected & your perimeter breached by the problem neighbour. Someone in breach of planning regulations cannot complain of another in breach, so any complaint coming from them will be invalid. Their earlier actions plus the letters from the other neighbours will show them to be the problem - you can't suddenly complain about something you've let go by for the last 5 years..

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i have had a pigeon loft out my back yard for 5 years now.had neighbours complaining to me about them and i think they may very well be taking it to the council.is my hobby finished?no planning permission was sought as i thought at the time it would be refused anyway.the neighbours in question are not without question as they have biult a shed only a couple of feet from my house,also they had a fence put up a few years ago and have taken about a foot of my perimiter.also they have a live cable running along the fence exposed and its on my side of the fence.if the complaint was logded to the council by these people could i then complain about thes 3 things.

 

ask the neighbour to take down the fence and erect it in their own garden

not sure as to the distance that their shed has to be from your house

but thought it would have to be more than 2 ft

 

3rd if that doesnt shut them up

tell them your going to the police because you got an electric shock from their exposed cable which threw you across the garden plus the fact you had already warned them about it

and would have a case to sue

 

see how that goes down with them

if you ever need it

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i have had a pigeon loft out my back yard for 5 years now.had neighbours complaining to me about them and i think they may very well be taking it to the council.is my hobby finished?no planning permission was sought as i thought at the time it would be refused anyway.the neighbours in question are not without question as they have biult a shed only a couple of feet from my house,also they had a fence put up a few years ago and have taken about a foot of my perimiter.also they have a live cable running along the fence exposed and its on my side of the fence.if the complaint was logded to the council by these people could i then complain about thes 3 things.

 

i got threatened with eviction from my house in 1996. i had the head guy from the council down to my house i showed him my doos and told him we have 3 options here .1 you kill all the doos as i,m not doing it . 2 you take down the shed and let the doos go wild and they will stay on the house roof and you will never get rid of them or 3 leave me to control my doos as they do no one no harm that was 15 years ago and i have never had a squeak from the council since . my neighbour that complained about them ended up knocking on my house door and apoligising about them . good luck stand your ground you will be ok .robbie

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i got threatened with eviction from my house in 1996. i had the head guy from the council down to my house i showed him my doos and told him we have 3 options here .1 you kill all the doos as i,m not doing it . 2 you take down the shed and let the doos go wild and they will stay on the house roof and you will never get rid of them or 3 leave me to control my doos as they do no one no harm that was 15 years ago and i have never had a squeak from the council since . my neighbour that complained about them ended up knocking on my house door and apoligising about them . good luck stand your ground you will be ok .robbie

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Guest geordiejen

firstly i have a bought house which was never a council house.secondly i have not heard from the council yet so im just going to play it by ear.at the moment i have birds sitting on eggs,i was going to destroy the eggs but im now going to let them sit them as if they do then they can see birds are breeding ande it would be an act of cruelty to take them away.so they cant threaten me with eviction.i stopped free flying a large squad and only let out a pair of horseman at any one time.the show racers dont get out.

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firstly i have a bought house which was never a council house.secondly i have not heard from the council yet so im just going to play it by ear.at the moment i have birds sitting on eggs,i was going to destroy the eggs but im now going to let them sit them as if they do then they can see birds are breeding ande it would be an act of cruelty to take them away.so they cant threaten me with eviction.i stopped free flying a large squad and only let out a pair of horseman at any one time.the show racers dont get out.

 

Sorry, I read 'Council' in your post in relation to permission and boundaries, and wrongly assumed they were both Council properties.

 

You obviously don't need anyone's permission to keep pigeons on your own property. But you may still need planning permission depending on the size of your loft.

 

Unless the Council owns the other property, it will not become involved in a dispute over boundaries. If you are both owner occupiers, then that dispute can only be resolved between yourselves either amicably, or through lawyers. IMO you will need to get it sorted, because it could cause problems when you come to sell up, when the boundaries on the house plan won't match up with whats on the ground.

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you must get your boundaries sorted

government changed laws relating to sheds and a lot of planning permision isnt now required [not sure about scotland]

if your a member of a union ask them for assistance eg their solicitor as this affects one of their members.

laws in england relating to amount of land you can cover with sheds is 50% of the land you own not counting the land your house stands on,so if you have a yard and a front garden add them together and half it thats the size of the land you can cover with sheds.

new rules if i remember allows you to connect the shed to your house

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you must get your boundaries sorted

government changed laws relating to sheds and a lot of planning permision isnt now required [not sure about scotland]

if your a member of a union ask them for assistance eg their solicitor as this affects one of their members.

laws in england relating to amount of land you can cover with sheds is 50% of the land you own not counting the land your house stands on,so if you have a yard and a front garden add them together and half it thats the size of the land you can cover with sheds.

new rules if i remember allows you to connect the shed to your house

can anyone clarify the law regarding Scotland ??

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Scotland

Planning Permission

 

You will need to apply for planning permission if any of the following cases apply on the land around your house.

 

* You want to put up a building or structure which would be nearer to any highway than the nearest part of the "original house", unless there would be at least 20 metres between the new building and any highway. The term "highway" includes public roads, footpaths, bridleways and byways.

* More than half the area of land around the "original house" would be covered by additions or other buildings.

* You want to put up a building or structure more than 4m high with a ridged roof. (Measure from the highest ground next to it.)

* You want to put up a building or structure nearer than 1m from your boundary.

* If your house is a listed building, and you want to put up a building or structure with a volume of more than 10m3.

* If you live in a Conservation Area, a National Park or an Area of Outstanding Natural Beauty, and you want to put up a building or structure with a volume of more than 10m3 (though it might be allowable as an extension)

 

Note: in all cases, if your new building would have a volume over 10 cubic metres, and come within 5m of the house, it would be treated as an extension. Also, if your new extension would bring some existing garden building within 5m of the (extended) house, that existing building's volume could be deducted from your overall volume entitlement for the house, as if it were another extension.

 

Ask your council if in doubt.

Building Regulations

 

Providing your cabin is less than 30m2, Building Regulations would not normally apply. We can offer advice before you proceed. Most of our cabins are in fact less than 30m2, however as we offer a bespoke service it is always best to ask, so feel free to give us a call.

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i recent got permsion to erect a loft at my new house, which it is owned by the council. and i did not need planning permsion , too put up a loft 16,feet by 6 feet. BUT i did need permsion too keep pigeons in it . and it had too be 1 meter from the boundery fence, and no less than 3 meter from the wall of the house. if this is any good too you .

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In my last house which was bought i had a small loft up, however it was in the title deeds that i could not keep pigeons and an idiot of an neighbour complained to the company that built the house, i then got a visit from the planning department of the council and he went away happy after that i contacted the house builder and they said it should be ok but unfortunatly the i got a letter later from a lawyer stating that they would be sending in a company to remove my loft and i would need to pay the bill, after several calls and visits to my lawyer i was told that as it prohibits the keeping of pigeons in the deeds it only takes one person to object then i did not have a case, i bought some time by saying they were rearing young and they gave me 1 month.

I then erected a loft at my friends where i kept them for almost 2 year until i found another house where i could erect my lofts, as you can imagine Elaine's mood swings :emoticon-0136-giggle:.

I hope you get everything sorted out Geordie and dont go through what i did.

 

Revnge is sweet tho :emoticon-0140-rofl: :emoticon-0140-rofl:

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there was an article in the homeing world not sure of the date where a guy[in england] was told by local council to remove newly built sheds and after toing and froing the sheds where taken down by i think council contractors. a solicitor took council to court and won damages against council and all costs might be worth giving BHW a ring see if you can get solicitors number and have a word .

befor me and our lass bought our council house i drew plans for a 24ft loft got site plans and marked position in my garden where loft was to be erected on the site plan and sent triplicate copies to the council with at that time 84 quid to be put in front of the planning meeting,our lass said we wouldnt get permision .so after the council informed all our neighbors and told them they could object aparently the locals phoned with objections------lots but as all objections had to be in writing and as i told the local gosip that all objections would be read out at the planning meeting at which i was going to attend so i would find out who objected.no written objections were sent in but the council still dragged there feet so i asked when the next meeting would be so i could instuct the N.E.H.U. solicitors to attended and later that day i got all my plans returned all stamped ---APPROVED.

bought the house since and altered the lofts loads of times new houses built 15ft behind loft and raced birds all the way through the builds and so far after 10years plus no complaints.

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The one thing you should NOT DO is to tell tales on neighbours because it looks all wrong. It is important that you come across as being reasonable and responsible. Just quietly check around to see if the Council has been OK with lofts elsewhere in your area. Then ask them for a meeting with a view to getting their advice. The last thing you should do is to come across as arrogant and uncooperative.

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I forgot to mention that since i moved house i have heard under europeon law that title deeds mean nothing so could be worth checking if ever required :egyptian:

 

Things changed in Scotland from 2004, when two new laws took full effect - abolition of feudal tenure (thats where all this 'you can't do / you must do stuff' originates from) and a new law Title Conditions (Scotland) Act 2003.

 

Title Conditions is an interesting one in that it says if your deeds say you can't do 'X' and you go ahead and do it anyway, provided the neighbours don't complain within a certain time, they are considered to have permitted it (acquiesced) and they cannot subsequently complain that you've broken the conditions or stop you from continuing to do it.

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Guest geordiejen

cheers guys for all the input into this particular topic.fortunately i havent heard anything from the council yet but my neighbours are probably waiting until ive finished re doing the front of the loft before complaining.it seems as though the council might not do anything as its not a council house but i thought because all housing estates have a council then this might be a council matter.hopefully not ans if the neighbour comes to me with anything legal then i will hit him with the bombshell over the fence errection.also hitting a live exposed cable with a garden shovel should put the matter to bed lol.i will let yous know if anything else comes of it.

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  • 1 month later...
Guest evilscotsman

i know this might not be of much help but

 

i had asked my local council ( fife ) they refused but upon appealing i was granted permission they sent someone out who came out looked at the loft she was here for only a matter of minutes didnt go inside did not take sizes ect the loft is within 1.5ft of boundry fences they said nothing about it! i got my letter stating that permission was granted provided

 

  • loft was kept clean and tidy
  • pigeons be kept in accordance with rspca guildines
  • consideration be given to sourounding tennants

 

if they do kick up a fuss take it as far as you can with the council

 

good luck

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