Out buildings Permitted Development Rights in Gardens
This provides permitted development rights within the area surrounding a house (‘the curtilage’) for:
. (a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure or
. (b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas
Class E sets out the rules on permitted development for buildings etc within the area of land surrounding a house (guidance under Class A above (A.1 (a)) describes what will be the “curtilage”). Buildings should not be attached to the house and 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 dwelling house would not, however, cover normal residential uses, such as separate self-contained accommodation nor the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen.
Under Class E, the following limits and conditions apply:
E.1 Development is not permitted by Class E if –
(a) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse)
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).
b) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse
The guidance on Class A permitted developments – section (d) – describes what will be the principal elevation of a house.
‘Forward of a wall forming the principal elevation’ means that development is not permitted under Class E in any area in front of the principal elevation of a house. It also prevents permitted development anywhere in front of a hypothetical line drawn through the principal elevation to the side boundary of the land surrounding the house.
(c) the building would have more than one storey
Any buildings within the curtilage can only have one storey. Buildings with more than storey are not permitted development and will require an application for planning permission.
d) the height of the building, enclosure or container would exceed –
. (i) 4 metres in the case of a building with a dual-pitched roof,
. (ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or
. (iii) 3 metres in any other case
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 four 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 two metres of the boundary of the area around then house, then the height limit for the whole development is restricted to 2.5 metres if it is to be permitted development.
(e) the height of the eaves of the building would exceed 2.5 metres
The eaves of a building will be the point where the lowest point of a roof slope, or a flat roof, meets the outside wall of the building. The Guidance on Class A above includes examples and further guidance.
Under Class E the maximum height of the eaves on any part of the building (irrespective of total height) is 2.5 metres. For example, on a building with a single- pitched roof, the 2.5 metres eaves limit and three metres maximum height limit would be as shown below.
Maximum height of 3m
Maximum eaves height of 2.5ms
f) the building, enclosure, pool or container would be situated within the curtilage of a listed building
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.
(g) it would include the construction or provision of a veranda, balcony or raised platform
Verandas, balconies and raised platforms are not permitted development under Class E.
A raised platform is defined as any platform that has a height of more than 300 millimetres. Garden decking will therefore be permitted development under Class E subject to it not exceeding this 300mm height limit and subject to the other limits and conditions under this Class.
h) it relates to a dwelling or a microwave antenna
Class E covers buildings that are for a purpose incidental to a dwelling. Class E does not provide permitted development rights for works related to a house (eg extensions to a house) which are covered by other Classes of the rules on permitted development. Permitted development rights for microwave antenna are covered under Class H of the rules.
(i) the capacity of the container would exceed 3,500 litres.
A container with a capacity greater than 3,500 litres will not be permitted development and will require an application for planning permission.
E.2 In the case of any land within the curtilage of the dwellinghouse which is within –
. (a) a World Heritage Site, ?
. (b) a National Park, , ?
. (c) an area of outstanding natural beauty or ?
. (d) the Broads, ?
development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres
The effect of this limitation is to restrict the amount of permitted development for buildings, enclosures, pools and containers located more than 20 metres away from any wall of the house. The total area of ground which may be covered by buildings etc more than 20 metres from any wall of a house is 10 square metres.
Other Classes Under Part 1
This provides permitted development rights within the area of land surrounding the house (“the curtilage”) for –
. (a) the provision of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such or
. (b) the replacement in whole or in part of such a surface
F.1 Development is permitted by Class F subject to the condition that where –
. (a) the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and
. (b) the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,
either the hard surface shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse