Save Our Shed ( Do the right thing Southwark )

[geebee]

Hi Lou, I?ve just signed,,as a fellow shed owner, which has been my sanctuary during this last year too . am really moved by your situation, and your strength and resilience coping with some difficult periods in your life,, and what you?ve been doing recently for the community is really to be commended, so stay strong , really hope this can be resolved.

Have you contacted Helen Hayes or Harriet Harman ?

[kiera]

I've signed your petition and I encourage you to continue to challenge the council's decision. I have experienced distressing discretionary decisions from Southwark regarding my own garden, decisions which show no consideration for nature, wildlife or my way of life. I have appealed in the past, thereby taking them to court. I don't know what legal rights you have in your situation, but, despite the fact that they own the land, I'm sure the council are required to act reasonably, For your neighbour to complain about your shed, I assume it's causing him some problem - if so, can you do anything to reduce any nuisance it's causing? Can the council's decision be challenged - have you taken legal advice? Good luck.

[Honoroak Ron]

Signed and I hope it all works out OK. Ron

[Cyclemonkey]

Surely it boils down whether this garden included in your lease and you have exclusive access to it or if it is communal land owned by the freeholder that you have access to.

If it is the former then I think permission should not be unreasonably witheld (does your lease state you need permission and did you seek it?)

If it is the latter then you have encroached on land that is not yours. We have access to communal gardens in our block, our freeholder would take a very dim view of residents erecting sheds and other structures in the gardens.

I would also not point to the poor behaviour of other lessees to justify your case. As a director of a freehold company I would take a dim view of that. The whole issue is whether you have acted within your lease and whether your freeholder is being reasinable. That is it.

[RicB]

Hi, I?ve signed it too :)

Hope it works out for you

[sue k]

Lou, i've signed the petition. i too have a shed where i paint and make glass, so know how important it is, and from what i've read , this all seems grossly unfair. i wish you good luck and hope it turns out ok for you, as you obviously are so passionate about this and the health benefits it gives you, surely this is the most important thing, esp at this horrible time we are in

[Melihoople]

Signed.

As an FYI to get the council to hear it you need to create a petition on their website. They don't recognize other platforms.

[lousmith]

Thanks Sue, RicB , Honoroak Ron , kiera , geebee for your kind support. I am grateful it, and I hope the council will listen to the amassed voices.

With respect Cyclemonkey to the lease, it is actually very vague on whether or not a shed can be erected in the garden. If it is forbidden, then the shed erected by the other L/H would be subject to the same law and yet is allowed to remain unchallenged. What I take a dim view of, and I think many others too, is the uneven application of laws to benefit the wealthy or those in positions of power over those less so. I think the Dominic Cummings case most eloquently showed this revulsion to that process, whereas two socially distancing women were arrested for going for a walk in the countryside. That decision was brought to light by public outcry, deemed to be unreasonable and dropped.

That is why I am enlisting support and why my petition has reached nearly the number of signatures needed for it to be debated in the highest tier of local government. I believe for the Council to act in this way on a discretionary point is unreasonable. I recently had occasion to challenge the Council on their handling of a previous complaint I made which went ignored despite there being illegal activity which massively impacted on our right to quiet enjoyment. After a 2 1/2 year battle the council was deemed to have acted below its standards of care and I was awarded compensation. That is it.

[lousmith]

thanks Melihoople. That doesn't surprise me.Sounds like it could be pretty open to abuse that. It's a bit late for that now.

[Cyclemonkey]

I understand that and it must feel terribly unfair. I was just cautioning against that approach. Your complaint is about the freeholders enforcement of your lease, focus on that. Getting involved in arguements about how they have treated another lessee seems a bit of a distracting cul de sac. I would concentrate on the lease which is your legal agreement with the freeholder and should govern the behaviour of both parties.

[lousmith]

Cyclemonkey Thank you for clarifying that. It does come down to a discretionary decision as my RSO said he didn't mind me having a shed, nor where I had positioned it, but only that it was deemed too big. I thought that would be at least a negotiating point.

[dazeykat]

Signed. Good luck!

[lousmith]

Thanks dazeykat

[Siduhe]

Lou, based on what you've said in here - I would look at something called the doctrine of legitimate expectations.

Basically it is a legal principle that a local authority should exercise its powers in a consistent way - so not give one person a benefit if it treats others differently in the same situation. It's obviously a bit more complicated than that, and I'm not saying if it is or isn't applicable in your situation, but it may be worth looking at and perhaps incorporating into your submissions, if applicable.

[lousmith]

Siduhe Thanks for this. I have to submit by end of play tomorrow, so I will do some research into this. Do you mind my asking are you a lawyer yourself, or have had to resort to this principle in the past? It feels right and proper that there should be an expectation of fairness.

[hpsaucey]

Hi Lou. Signed and hope it's ok but shared on Nunhead Rocks facebook group where you're also getting a lot of sympathy and support.

HP

[lousmith]

Thanks Hpsaucey. Of course it's fine. The more the merrier. I'll go take a look. Thanks.

[Dogkennelhillbilly]

lousmith Wrote:

-------------------------------------------------------

> What I take a dim view of, and I think many others too, is the uneven application of laws to benefit the wealthy or those in positions of power over those less so. I think the Dominic Cummings case...

You might be overegging the pudding a bit - it's a disagreement with the council and a neighbour over a fancy shed!

Did you ask for permission before or after you put the shed up?

[shelly2106]

Shared on East Dulwich mums for you on Facebook as well

[IlonaM]

Dogkennelhillbilly Wrote:

-------------------------------------------------------

> lousmith Wrote:

> --------------------------------------------------

> -----

> > What I take a dim view of, and I think many

> others too, is the uneven application of laws to

> benefit the wealthy or those in positions of power

> over those less so. I think the Dominic Cummings

> case...

>

> You might be overegging the pudding a bit - it's a

> disagreement with the council and a neighbour over

> a fancy shed!

>

> Did you ask for permission before or after you put

> the shed up?

On the contrary, in my experience there is a lot of inequitable and inconsistent decision-making by the Council.

[B&G]

What a rotten run of luck. Signed, and wishing you all the very best.

[Chunx]

EDguy89 Wrote:

-------------------------------------------------------

> So I guess I'm curious.

>

> Does the freeholder's say outweigh the leaseholder

> in every instance? I rent, and I know I'm not able

> to make changes to the property as its not owned

> by myself. Does the same hold true if you have a

> 100 year lease?

>

> I imagine you wouldn't be able to add an extension

> to the back of the house or anything like that

> since eventually the lease would end and the

> property/land would revert back to the

> freeholder.

>

> I imagine you'd need the freeholder's permission

> for that first. I'd figure the same would be true

> for a building added in the garden. Or is this

> incorrect?

I do believe the freeholder holds the trump card. Was always told never own unless it is freehold, with a lease you are only ever renting the land your property stands on. Also if the leased property is within a block/estate good luck with deep pockets when it comes to major works/ maintenance charges.

[spark67]

we built something similar well within planning guidelines, we even consulted neighbours who's boundary backs onto it who were fine, its mainly used as a quiet place and holds exercise equipment i use to help me with a permanent disability after a serious road accident awhile ago ...and after a year someone (we have no idea who) reported us to the council with allegation we broke planning rules, which we were able to prove we hadn't as we had checked everything before hand... as it only blocks light out in our garden no one elses and doesn't intrude and is no where near any buildings, we are at a lost to think who made the complaint, we have very good relations with our neighbours as well.

Will sign as I know how distressing something like this can be ... good luck.

[lousmith]

Thanks Spark67 Does that mean you got to keep it?

[Countrlass22]

Signed

1 objection isn't enough,and its a gorgeous shed id love seeing that instead gardens full weeds.

Signed shared,absolutely ridiculous