Big shed behind shop - commercial PD?

[chrisaaaaa]

Here is a complicated one, a shop with flat over, the shop owns the garden and has built a big wooden shed in the garden with no sign of a planning application.

Would that be commercial or residential PD?

The shed looks about 3m x 5m, perhaps a little larger, there is about 1m clearance to boundaries on 3 sides all the way around it.

It is a good 80% of the garden, but there is a side yard so I would not be surprised if it were exactly 50% of the outside space.

If someone could point me to the applicable rules I can work thru them.

Thanks

Chris

 

[^woody^]

A flat does not have any PD rights

A shop doesn't have PD rights for large sheds

TCPO (General Permitted Development) Order 2015

 

[chrisaaaaa]

Cheers woody.

If I understand it;

residential PD relates to a "dwellinghouse" and by govt definition: “dwellinghouse”, except in Part 3 of Schedule 2 to this Order (changes of use), does not include a building containing one or more flats, or a flat contained within such a building;

commercial PD talks of warehouses and such, they can be pretty large but must be 5m from boundary.

I cannot find any kind of PD for flats or combined flats/shop.

 

[chrisaaaaa]

But then I saw this, is there any chance he could just connect his shed to the building and call it an extension, or knock it down and build a real extension?

7.13 A permitted development right which makes permanent the time limited increased permitted development rights introduced in May 2013 for extensions to shops, offices, industrial and warehouse buildings to support business expansion and the economy. Under these rights the doubling of size limits and allowable percentage increases for offices, industrial and warehouse development, shops, and establishments providing catering, financial or professional services will become permanent. These rights do not apply in conservation areas, National Parks, Areas of Outstanding Natural Beauty, the Broads and World Heritage Sites, or in sites of special scientific interest as in the current time-limited rights. They will not apply within the curtilage of a Listed Building.

 

[chrisaaaaa]

And in case any one else ever googles this up, I think the answer is in

The Town and Country Planning (General Permitted Development) (England) Order 2015

Permitted development
H. The erection, extension or alteration of an industrial building or a warehouse.

Development not permitted
H.1 Development is not permitted by Class H if—

(e) any part of the development would be within 5 metres of any boundary of the curtilage of the premises;

 

[^woody^]

The erection, extension or alteration of an industrial building or a warehouse

A shed is none of those, so it's not PD wherever it's built.

A shop is not an industrial building anyway. It's a shop.