I’m stuck in planning row after ONE neighbour complained about my shed – I’ve hired a CRANE to prove I’ve broken no laws

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.

But Steve decided to find another way.

He told : "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.”