SB, Bucks
The rules governing the erection of buildings within the curtilage of a dwelling house are, unfortunately, more complicated than you have been led to believe. They are to be found in schedule 2, class E and F of the Town and Country Planning (General Permitted Development) Order 1995, Statutory Instrument 1995 No 418 (visit www.opsi.gov.uk).
Your neighbour can erect a building for a purpose “incidental to the enjoyment of the dwelling house” within his rear garden subject to the following generalised limitations: it is not within 20m of a road; it is not within 5m of any part of his house; if it is more than 10 cubic metres, the height should not exceed 4m if a ridged roof, or 3m with a flat roof; the area of the building should not exceed 50% of the curtilage (less the area of the dwelling house); if your neighbour’s house is a listed building or in an area of outstanding natural beauty, or a national park, the building must not exceed 10 cubic metres.
You can judge yourself whether the lodge is in breach of these limitations, particularly with regard to height. If there has been a breach, first discuss this with your neighbour to see if an amicable solution can be found. If not, then inform the council’s development control or enforcement team and ask them to investigate with a view to serving an enforcement notice.
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Michael Haslam OBE is a past president of the Royal Town Planning Institute and a director of Michael Haslam Associates