Permitted Development

The vast majority of garden buildings designed and built by Decorated Shed come under permitted development rights, and as a result do not require planning consent to proceed.

However, since the regulations on permitted development depend largely on the specifics of the individual site and property, and local planning authorities may employ their own restrictions, it is strongly recommended that householders consult with the relevant department prior to a build taking place.

There are subtle variations to permitted development rights depending on a). the 'original' house and subsequent development and b). the current proposed development. It is recommended that the following guidance is considered when designing your proposed development;

permitteddevelopment.org

This provides permitted development rights for the enlargement, improvement or other alteration of a house.

• Extensions (including previous extensions) and other buildings must not exceed 50% of the 'curtilage'.
  
  (Curtilage varies according to a number of factors, but in most cases it will comprise the area of land around the original house (i.e. what is understood to be the garden/grounds of the house). However curtilage may be a smaller area in some cases, especially in the case of properties with large grounds set in the countryside).
  
  The 50% limit includes all other buildings separate to the main "original" house e.g. existing and proposed outbuildings, any existing or proposed new extensions to a house and any separate detached buildings built prior to 1948 (e.g. a detached garage).

• Extensions to a dwelling house must not exceed the height of the main house both at roof level and at the eaves to maintain continuity. If higher heights are desired then planning consent is required. Where a house has different levels i.e. on a slope, then the highest eave height is taken as the threshold.

• Where a dwelling house will have an extension on a principal elevation facing a main wall or highway, planning consent will be required. For example:
  • A single storey rear extension of less than 4m in length for a detached house and 3m in length for any other house type (both being 4m in height) is classed as permitted development. Anything larger will require planning consent.
    
    If an original house is 'stepped' in its siting, then this style must be maintained in permitted development rights (see below). Anything different to this style and size limitation requires planning consent.

• A side wall extension can extend out beyond the rear wall by 3m under permitted development rights. Anything larger will require planning consent.

• Two separate extensions may be added to a house. The first example requires planning consent regardless of whether A &B are built together, or A followed by B or vice versa. The second element will always require planning consent as the enlarged element of the house is now more than half width of the original.

However, all of this development is classed as permitted development if it is constructed in two separate stages.

• Verandas, balconies and raised platforms are not permitted development and will require planning permission.
  
  A veranda is usually defined as a gallery, platform, or balcony, usually roofed and often partly enclosed, extending along the outside of a building at ground level.
  
  A balcony is defined as a platform with a rail, balustrade or parapet projecting outside an upper storey of a building. A 'Juliet' balcony, where there is no platform and therefore no external access would normally be permitted development.
  
  A raised platform is any platform with a height greater than 300mm and will include roof terraces.

• Conservatories are considered a form of an extension. Whilst they can benefit from permitted development rights, they are not automatically classed as permitted development for the various reasons given above. If in doubt advice should be sought from the Local Planning Authority.

• There are additional restrictions for dwelling houses in National Parks, the Broads, areas of outstanding natural beauty, conservation areas, and land within World Heritage Sites (such sensitive areas are safeguarded as "Article 1(5) land". In these areas:
  • the cladding of any part of a house, whether it be the original house or any enlargement is not permitted development and requires an application for planning permission
  • extensions beyond any side wall are not permitted development in these areas
  • an extension from a rear wall is not permitted development if it results in an enlarged area of the house that has more than one storey.

Certain materials and window styles are classed as permitted in these locations, including PVC windows, but it is advisable to discuss with the local planning authority in the first instance.

This provides permitted development rights within the area surrounding a house ('the curtilage')

• Class E indicates that purposes incidental to the enjoyment of the house includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the house. As well, subject to conditions and limitations, common buildings such as garden sheds, other storage buildings, garages, and garden decking as long as they can be properly be described as having a purpose incidental to the enjoyment of the house.

Permitted development rights do not allow normal residential uses, such as separate self-contained accommodation nor the use of any outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen. Buildings with these uses will require planning consent.

• As with Class A the total area of ground around the house covered by buildings, enclosures and containers must not exceed 50% of the total area of land around the original house. The 50% figure must also take account of any extensions to the original house under Class A of the permitted development rules or any extension to the original house that has been granted planning permission. The 50% limit excludes the area covered by the house as originally built but does include any separate detached buildings built prior to 1948 (e.g. a detached garage).
   
• Also, as with Class A, development which is forward of a principal facing elevation and towards a main wall or highway is not classed as permitted development.
   
• Permitted development rights only allow for a one storey building. Multiple stories will require planning consent.

The height of the building, enclosure or container should be measured from the ground level immediately adjacent to the building, enclosure, or container to its highest point.

The height limit on a 'dual-pitched roof' of 4m should also be applied to buildings that have 'hipped' roofs (slopes on all four sides) .

If any part of the building, container or enclosure is within two metres of the boundary of the area around then house, then the height limit for the whole development is restricted to 2.5m if it is to be permitted development.

Or if the height of the eaves of the new building exceeds 2.5m.

• An application for planning permission will be required for any building, enclosure, pool or container that would be situated on land surrounding a listed building.
   
• If the proposed building has a veranda, balcony or raised platform (>300mm), these features remove permitted development rights, and the whole structure will require planning consent.
   
• Development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20m from any wall of the dwellinghouse would exceed 10m² in situations where land within the curtilage of the dwellinghouse is within Article 1(5) land i.e:
  (a) a World Heritage Site
  (b) a National Park
  (c) an area of outstanding natural beauty or
  (d) the Broads
   
• In the case of such land set out above, within the curtilage of the dwellinghouse, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
   
• This additional restriction applies for land surrounding a house in National Parks, the Broads, areas of outstanding natural beauty, conservation areas, and within World Heritage Sites. In these areas, buildings, enclosures, pools or containers sited on land between a side wall and the boundary of the land surrounding the house are not permitted development.

There are other classes within the General Permitted Development Order, but Classes A and E are the most relevant for development provided by Decorated Shed.

This advice is given for reference only and Decorated Shed takes no responsibility. If in doubt, appropriate guidance and advice should be sought from the relevant Local Planning Authority.