Planning Permission for outbuilding - height considerations

[SquirrelBoy]

I've always referred to this forum for useful info, but i cannot find anything that is relevant to my situation so perhaps someone out there knows?

I own a house with a detached garden - i.e. it is a short walk from my house and is surrounded by other gardens. I have been previously informed by the planning office that because it is not 'within the curtilage' of my property that I have to apply for planning permission for an outbuilding that would normally be ok to build under permitted development. I have accepted this (though a little annoying).

However, my problem is that I have a narrow garden and want to build a garden office at one end. My garden is 4.5m wide, and the garden office is 4m wide. As it is so near the boundary on all sides, it would be normally ok to have a building no taller than 2.5 ridge height. However, I have seen a fantastic orangery/conservatory thing for sale (which I would need to buy by sunday) which is the right size but is 3m tall at ridge height (2m to the eaves).

My question is if I am having to apply for planning anyway, should I take a chance and buy the building then seek necessary approval before siting it (cross fingers), or is it very unlikely that they would allow a building of 3m so close to a boundary anyway? Its all glass so its not like there's a huge slated roof or anything. There just isn't time to check with the planning office prior to sunday.

My other question is, is the regular 2.5m ridge height related to the building itself, or the surrounding land? I ask because I would be prepared to dig a 50cm hole for it to sit in, thus the ridgeline would be 2.5m tall compared to the rest of the garden.

Any thoughts views appreciated as its a bit of an odd situation!

 

[tony1851]

Dropping the ground level would not work, because the p.d. rules state that height is measured from natural ground level.

As to whether or not you would receive planning permission...........sorry - anybody's guess? Only you can weigh up the risk.

 

[freddiemercurystwin]

If it needs planning then the PD rules are irrelevant.

 

[Nakajo]

Planners often consider PD limits when considering such applications.

 

[freddiemercurystwin]

I would agree if he happened to be building something that just took him over the PD limits in his garden if it were in his curtilage. That is to say the planners would consider what the homeowner could do within PD.

But the PD limits are not relevant here because there are no PD rights for this kind of development. The planners have absolute power here.

 

[Nakajo]

I think it would be instructive to see a drawing of the plot, and its relationship to the house.

 

[Nakajo]

I'd be tempted to buy it, knowing that I might have to sell it again. But it's your money, not mine...

If the plot is reasonably close to the house, and/or connected to it by a path, and if the amenity has been enjoyed by the house for some time, then I would submit a Lawful Development Certificate seeking confirmation that the erection of a garden shed would be permitted development under Part 1 of the Second Schedule to the GPDO. Then appeal any refusal of that application to the Planning Inspectorate.

 

[SquirrelBoy]

Many thanks for the advice so far. I have attached a basic plan if that's of any help The house (outlined in red) is about 25m from the garden along the grey (shared) path, with the proposed garden room hatched red.

I certainly hadnt considered challenging the assumption that I would need full planning so that is worth exploring. If it could be construed as Permitted Development in the garden, which has belonged to the house since 1975, I would still be stuck with the 2.5m max height I guess so at the moment I'm still 50/50. I think I will try and ask the neighbours if they would object in principle

Garden Block Plan - Diynot

• SquirrelBoy
• 17 Dec 2015

 

[Nakajo]

I would argue that this is absolutely 'curtilage'. Do some research. Get a lawyer if necessary (ouch). Make a case. And submit (and appeal) the LDC. If you're sure the proposed building falls within PD limits, then I'd buy it if I were you (but I'm not )

 

[freddiemercurystwin]

I would argue that this is absolutely 'curtilage'.

Really? Care to back that up? It seems to me that the definition of curtilage is absolutely far from clear.

 

[Nakajo]

Which is why we can argue it any way we want Seriously, there is an assumption that curtilage must be contiguous to the property, but I suspect that there is case law that challenges this assumption.

 

[freddiemercurystwin]

Which is why we can argue it any way we want Seriously, there is an assumption that curtilage must be contiguous to the property, but I suspect that there is case law that challenges this assumption.

So you suspect there will be some case law somewhere. If I was the OP I would now be filled with confidence on winning an appeal.

 

[Nakajo]

Well, that's why I say some research is needed - or discussion with a lawyer well-versed in this topic. Incidentally, with whom is the path shared?

 

[freddiemercurystwin]

So your advice is to ........ seek advice.

 

[Nakajo]

Erm, I suppose so.