Garden
Office planning permission, Garden
Studio planning, Building regulations
Do I need planning permission for my
Garden Building project?
This paper is designed to help you
interpret the planning rules
governing developments in and around
your garden (Garden Buildings) to
see government paper without our
comments click the link below.
These
planning rules are somewhat
ambiguous particularly in relation
to size, eaves height and proximity
to your boundary. We have
significant experience in this
subject (by very nature of what we
do). If you have any questions or
need help call or email us for
advice. It is sometimes better to
apply for permission and have what
you want where you want it - rather than take a risk or
accept a design simply to comply with
"permitted development".
How to use this document
All of the current planning guidelines
relating to Garden Buildings issued
by central government at http://www.planningportal.gov.uk
are shown as they are shown
here in green
The blue italic statements in
this paper are written by Richard
Grace our Project Director and
qualified by communications with
planners nationwide and further by
written communications with a parliamentary
researcher appointed by Christine
Russel MP for Chester.
These comments apply to the
latest set of guidelines published
by government in October 2008.
Our advice
Nearly all of our clients are
concerned about planning issues. We
are in a good position (having
discussed these issues with regard
to hundreds of garden buildings with
clients and planners) to advise. We
cannot however take responsibility
for any dispute that may arise. If
in doubt you should check with your
local planning authority and seek a
letter of compliance for your
project. Alternatively you could of
course go-ahead and seek
retrospective permission should
there be a challenge in the future.
In any case we would not
accept your project if in our view
the project was either in
contravention of the rules or
clearly detrimental to your
neighbours enjoyment of their
property.
Planning permission and
Building Regulation compliance are
separate issues. Planning covers
positioning and design. Building
regulations cover safety.
Section 1 Planning
Rules governing outbuildings apply to
sheds, greenhouses and garages as
well as other ancillary garden
buildings such as swimming pools,
ponds, sauna cabins, kennels,
enclosures (including tennis courts)
and many other kinds of structure
for a purpose incidental to the
enjoyment of the dwelling house.
We are interpreting this to
include – Garden Offices, Garden
Studios, Leisure Buildings etc etc.
Our thoughts on the reason for the
official statement not being so
specific are that the government is
leaving space in the general
guidelines for local interpretation.
Other rules relate to the installation
of a satellite dish, the erection of
a new dwelling or the erection or
provision of fuel storage tanks.
This seems to be clear “you
cannot erect a new dwelling in your
garden without planning
permission” This certainly
prevents the division of your
property and the sale of part of it
with dwelling house rights without
full planning permission. We do know
that Granny annexes and lodges
(sleepover buildings) are treated in
a different way by planners.
Under new regulations that came into
effect on 1st October 2008
outbuildings are considered to
be permitted development, not
needing planning permission, subject
to the following limits and
conditions:
No outbuilding on land forward of a wall
forming the principal elevation.
This
is quite clear, if you take into
account these guidelines you can
build in your side or back garden
without applying for planning
permission. However you cannot build
in your front garden without
planning consent. The definition in
the guidelines here could be
expanded to mean closer to the
highway at the front of your
property. Reason – The local
authority may need to change the
highway. Further to this
interpretation our advice is that
you should always take into account
the effect on your immediate
neighbours of any development.
Outbuildings and garages to be single storey
with maximum eaves height of 2.5
metres and maximum overall height of
four metres with a dual pitched roof
or three metres for any other roof.
This
is very confusing but here is our
attempt to make sense of it. You
cannot build a two storey garden
building without planning
permission. In the case of a
conventional gabled roof the eaves
height should not be higher than
2.5m.
A hipped roof can have
different pitches on the ends and
sides but the eaves should not
exceed 2.5m. The highest part of the
roof should not exceed 4 metres in
any case. A flat/sloping roof
building cannot exceed 2.5 metres in
height at the eaves.
In
a sloping garden the maximum height
measurements are measured from the
highest point of the land on which
the building stands. We have met
situations where local planners
interpret this in a different manner
however our written communications
with government confirm our
interpretation to be correct.
Maximum
height of 2.5 metres in the case of
a building, enclosure or container
within two metres of a boundary of
the curtilage of the dwelling house.
Confusion
now cleared up with new explanation
on portal see here miniguide
(point 8) There should be no building
rising
higher than 2.5m closer than 2 metres to the
boundary. Planning permission will
be necessary, however where a taller
building closer than 2 metres seems
reasonable to neighbouring
properties there should be no reason
for refusal. There are many sites
where it is better to apply for
permissions now if you see this as a
problem then contact us for advice. email
to Richard or call us on 01244
679502
No verandas, balconies or raised platforms.
Seems
clear and makes sense in relation to
balconies and raised platforms. The
building should not include
balconies or raised platforms
because in many cases neighbours
privacy would be threatened by such
structures. Where neighbour privacy
would not be threatened then we see
no reason why planning permission or
letter of consent should not be
given but it would be best to check.
With regard to verandas the word of
course can be used to describe a
balcony or raised platform it
certainly does not mean you cannot
have a roof over a seating area at
ground level.
No
more than half the area of land
around the "original
house"* would be covered by
additions or other buildings.
Very
clear and makes sense. Taking into
account all of the land except the
footprint of the house you cannot
cover more than 50% with
outbuildings. We have come across
situations where this applies but
only in very small gardens.
In
National Parks, the Broads, Areas of
Outstanding Natural Beauty and World
Heritage Sites the maximum area to
be covered by buildings, enclosures,
containers and pools more than 20
metres from house to be limited to
10 square metres.
Very
clear and makes sense. You can't put
up large structures using permitted
development rights
in these designated areas if
they are more than 20 metres from
the house.
On
designated land* buildings,
enclosures, containers and pools at
the side of properties will require
planning permission.
Very
clear and makes sense. You cant put
up structures using permitted
development rights
at the side of your property
in these designated areas.
Within
the curtilage of listed buildings
any outbuilding will require
planning permission.
Totally
clear if you live in a listed
building then you have no permitted
development rights
*The term "original house"
means the house as it was first
built or as it stood on 1 July 1948
(if it was built before that date).
Although you may not have built an
extension to the house, a previous
owner may have done so.
*Designated land includes national parks
and the Broads, Areas of Outstanding
Natural Beauty, conservation areas
and World Heritage Sites.
Please note: the permitted development allowances
described here apply to houses not
flats, maisonettes or other
buildings. View
guidance on flats and maisonettes
here.
These are clarification
statements and seem to be clear.
Section 2 Building
Regulations
As previously stated Building
Regulations are totally
separate from Planning issues
however when considering Garden
Buildings the following Building
regulation statements need to be
taken into account.
If you want to put up small detached
buildings such as a garden shed or
summerhouse in your garden, building
regulations will not normally apply
if the floor area of the building is
less than 15 square metres.
If
the floor area of the building is
between 15 square metres and 30
square metres, you will not normally
be required to apply for building
regulations approval providing that
the building is either at least one
metre from any boundary or it is
constructed of substantially
non-combustible materials.
This is almost certainly a
volume related statement and brings
into play the Building Regulations
in relation to the spread of fire.
i.e. more volume = more risk
involving spread of fire to
neighbouring properties. For example
you may wish to conserve garden
space by building close to your
boundary, your neighbour may also do
the same in which case there would
not be a sufficient gap between the
two buildings. The statement is
quite clear and does make sense in
that if the building footprint is
more than 15 square metres then the
building must be at least one metre
from your boundary.
In both cases, building regulations do
not apply ONLY if the building does
not contain any sleeping
accommodation.
Just about as clear as mud!
– here is our interpretation. If
the building has a bedroom then
building regulations apply. Of
course no legislation exists to stop
sleeping in your garden, in a tent
or even in your garage or shed.
However there is some sense in
making sure that any regularly used accommodation
building is safe for people whilst
asleep.
Outside of this specific
statement there are some other
important issues to consider
regarding garden buildings and
building regulations in general.
1.
Any
electrical system in a garden or
garden building should comply with
building regulations Part P and must
be installed by a competent /
qualified person
2.
Any
plumbing (toilets kitchenettes
showers etc.) should be correctly
installed so as to operate hygienically
in relation to waste disposal
3.
Any
Gas appliance must be installed by a
competent / qualified person
4.
Any
wood burning stove, fire or
heater installation must
comply with building regulations and
must be installed by a competent
person
blue
comments researched and written by Richard Grace updated
February 2010 richard@aarco.co.uk
Garden
Studio Planning - Garden Building
Regulations
We
have built Garden Buildings,
Garden Offices, Garden
Studios, Garden, Rooms and
Garden Accommodation
Buildings all over the UK.
Here is a list so-far
by nearest large town where
we have built at least one:
Bedfordshire,
Luton Berkshire
Reading, Bracknel,
Maidenhead, Newbury,
Wokingham, Buckinghamshire
Aylesbury, High Wycombe Cambridgeshire
Cambridge, Wisbech, Cheshire
Chester x 9, Stockport,
Sale, Ellesmere Port, Birkenhead,
Wallasey, Runcorn,
Macclesfield, Crewe Cornwall
None yet Cumberland
Penrith, Keswick Derbyshire
Derby, Chesterfield,
Buxton, Ashbourne Devon
Barnstaple Dorset
not yet
Durham
not yet Essex
Chelmsford, Basildon,
and 5 times in Buckurst Hill
Gloucestershire
Gloucester, Bristol,
Cheltenham Hampshire
Winchester Hertfordshire
Watford, St. Albans x3,
Hemel Hempstead, Stevenage, Huntingdonshire
St. Ives, St. Neots, Kent
Maidstone,
Canterbury, Bromley,
Greenwich
Merseyside Liverpool, Lancashire
Southport X 3 Manchester,
Preston, Bolton, Warrington Leicestershire
Leicester, Lincolnshire
Lincoln, Grimsby,
Louth Middlesex, London, x 11, Enfield x3,
Staines, Ealing Norfolk
Norwich, Cromer,
Hunstanton
Northamptonshire
Northampton,
Kettering, Wellingborough
Northumberland
None yet Nottinghamshire
Mansfield, Worksop, Newark, Oxfordshire
Oxford, Banbury,
Witney,
Henley-on-Thames,
Thame
Rutland one in
the sticks Shropshire
Shrewsbury, Somerset
Bath, Staffordshire
Stafford,
Stoke-on-Trent, Suffolk
Ipswich, Bury St.
Edmunds Surrey
Guildford x 6 Croydon,
Woking, Sutton,
Kingston-on-Thames,
Wandsworth, Wimbledon x4 Sussex
Crawley, Warwickshire
Warwick, Birmingham,
Coventry,Rugby,
Stratford-upon-Avon
Westmorland
Windermere, Wiltshire
Devizes Worcestershire
Evesham Yorkshire
Beverley, Halifax,
Harrogate,York North
Wales x 8, Wrexham
Scotland
x 1, South Wales x 4, Cardif.
Pembroke
You
can email enquiries to admin@aarco.co.uk Address: Aarco 120 Ltd,
Garden Building Specialists Bracken House, Woodlands Road,
Chester,
Cheshire CH4 8LB
or telephone anytime on 01244
679502
Aarco
Exclusive Timber Buildings -
Your specialist supplier for
Garden
Offices, Garden Studios,
Garden Rooms, Sleepover
Buildings, Outdoor
Kitchens and Shade
Structures
Garden Office planning permission
- Webmasters are free to
link to this document which
will be updated as required
