Garden room in conservation area

[cereal_beast]

We are looking to have a garden room built in our garden which is in a conservation area and flood zone 2. I called my local planning department and asked some questions but they just said "we can't give any advice" so I've spent the past few days heavily researching permitted development rights for conservation areas to try and figure out if we are ok to go ahead without planning permission. I've also spoken with a surveyor and an architect, both of them suggested it should be fine but don't seem 100% certain so just thought I'd see if anyone on here can give any concrete advice.

The garden room would be 5.5m x 4m (2.5m height) at the side end of our garden 1m from the boundary with neighbours garden and built on a concrete pier foundation.

- From what I can gather, we would not need to get a flood risk assessment done for permitted development, only if we were to submit a planning application?
- A public footpath runs behind the property and the garden room would be closer to it than the house and I found one website that states "Even in the back garden, it must not be closer to a public right of way (a road or a footpath) than it is to the property.” I have not read this anywhere else so I believe that this is in fact incorrect, seems that they may have taken that from the pre 2008 rule about having to be further than 20m from a public highway/footpath to fall into permitted development?

Neither of the above are not mentioned in The Town and Country Planning (General Permitted Development) (England) Order 2015 but when you read something online it plants seeds of doubt in your mind!

The final concern is whether being in a conservation area would have any restrictions on materials used or whether it can be seen from a public highway (it would probably be just about visible from the footpath behind the house but we have a 1.8m fence and hedges so you would only just see the top of it I think). There is no Article 4 direction in place for my address. The only conservation area specific rule I can see on the document linked above is no building between the side elevation and boundary. Can anyone confirm if there would be any issues with materials (cedar cladding) or visibility from public footpath?

Mockup below.
Blue = boundary
Red = public footpath
Yellow = proposed garden room

 

[EntropyUK]

You need to find the body applying the conservation area restrictions. They will have a document that states what you can and cannot do under permitted development. I live in an AONB and their restrictions state they want to keep the frontages as original as possible so no additions to side of of house without planning permission, usually allowed under permitted development.

 

[Lucas01789]

First of all, you're correct that you don't need an FRA for a development which is 'permitted development'.

You're also correct that the position of the public footpath is not relevant. If it were public highway then it would be different, put as the footpath cannot take cars it is not classed as public highway.

The issue is whether the proposal is considered to project beyond the side elevation as planning permission is required if an outbuilding
'...would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse'.

My interpretation from the drawing shown on p45 of the governments Householder Technical Guidance is that it could not and would therefore be 'permitted development', however I'd submit a Certificate of Lawfulness application, both for your own peace of mind, and to pass on to future purchasers. If the C of L is granted then the Council will not have any control over materials if there is no Article 4 Direction in place.

 

[^woody^]

public footpath is not relevant. If it were public highway then it would be different

There are only highways, there are no footpaths.

 

[^woody^]

If the property has PD rights, then it can be built under those, as long as you follow the criteria, or any restrictions imposed by the local planning authority. Some authorities reduce the sizes permitted.

The authority may also publish local guidance for the conservation area, and these will be specific to each authority so be sure to check them.

The general concept is that any extension "preserve or enhance" the character of the area. This does not mean match in terms of the materials or design.

 

[Murdochcat]

I think the OPs first port of call is the Conservation officer. In Guildford they are extremely tight on what is allowed and what isn’t and any changes , additions done without their agreement is often removed under order

 

[Lucas01789]

The OP said there's no Article 4 so there will no local restrictions. If it's PD, it's PD. A Certificate of Lawfulness is the way to go imho.