Cherry Orchard Road, Birmingham, West Midlands.

 

Certificate of Lawfulness Planning Application submitted and approved for erection of ancillary domestic buildings in  the rear curtilage of a residential property in Birmingham.

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Following an initial consultation with the applicants En-Plan drafted a scheme that was subsequently submitted to Birmingham City Council for the erection of three garden buildings to accommodate a new gym, recording studio, and home office. The council have been happy to approve the proposal with no amendments and the applicant was happy that she would realise her dream of a home working environment that would assist in her work as a producer.

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The permitted development rights for householders that allow for the above development are contained within the Technical Guidance for Householders published by the government. Permitted development rights allow householders to improve and extend their homes without the need to apply for planning permission where that would be out of proportion with the impact of works carried out. Larger single storey rear extensions are subject to a neighbour consultation scheme. It is important that homeowners understand how they can exercise their rights to carry out development while protecting the interests of their neighbours and the wider environment. The Ministry of Housing, Communities and Local Government has produced this technical guidance to help them. It is designed to be used by anyone who wants to understand more about the detailed rules on permitted development and the terms used in those rules. However, anyone who has no previous knowledge of permitted development issues will find it useful to look at the Planning Practice Guidance first at:https://www.gov.uk/guidance/when-is-permission-required.

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The guidance set out below gives an explanation of the rules on permitted development for householders, what these mean and how they should be applied in particular sets of circumstances. Diagrams have been included for illustrative purposes only and these are not drawn to scale. Given the very substantial variations in the design of individual houses, this guide cannot cover all possible situations that may arise. Where there is any doubt as to whether a development would be permitted development, advice should be sought from the local planning authority. To be certain that a proposed development is lawful and does not require an application for planning permission it is possible to apply for a ‘Lawful Development Certificate’ from the local authority. Further information on this can be found in the Planning Practice Guidance at:https://www.gov.uk/guidance/lawful-development-certificates.

Permitted development rights do not remove requirements for permissions or consents under other regimes such as the building regulations1 and the Party Wall Act2. Householder permitted development rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the Order”) as amended3. Part 1 of Schedule 2 to the Order sets out the permitted development rules concerning what enlargements, improvements, alterations and other additions a householder may make to their house and the area around it without the need for an application for planning permission.

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Class E sets out the rules on permitted development for buildings etc within the curtilage of a house (see page 7). Buildings which are attached to the house are not permitted under Class E (they would be subject to the rules in Class A). Buildings under Class E should be built for purposes incidental to the enjoyment of the house. Paragraph E.4 of 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.

But the rules also allow, subject to the conditions and limitations below, a large range of other buildings on land surrounding a house. Examples could include 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. A purpose incidental to a house would not, however, cover normal residential uses, such as separate self-contained accommodation or the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen.

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The proposed buildoings complied with the guidance outlined above in that the buildings are not over 2.5 meters high, The height of the building, enclosure or container should be measured from the highest ground level immediately adjacent to the building, enclosure, or container to its highest point. The height limit on a ‘dual-pitched roof’ of 4 metres 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 2 metres of the boundary of the curtilage of the house, then the height limit for the total development is restricted to 2.5 metres if it is to be permitted development.

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If you would like to find out more about how our Planning Consultancy and Architectural Design Services can work in perfect sync to achieve a successful outcome in the planning system please CONTACT US and we will be only too happy to talk through any questions or development proposals you may have.

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