Requirements for a front porch

12 Aug 2013
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United Kingdom
We'd like to have a porch built on the front of our house and are hoping someone could advise us.

A neighbour opposite has done just this but our house is on a corner, with a public footpath going around the garden, followed by the road, which we suspect may affect the possibilities of this happening.

I read that you can build a porch without permission, providing it is 2m from any boundary adjacent to a highway.

Could anyone advise as to exactly what the highway is defined as please? Does this mean the footpath or the road?

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It should be no nearer than 2m from your boundary, ie the back of the footpath where it is contigious with your fence, garden wall, hedge or whatever.
Either the footpath or the road, the appeal inspector will usually find..

I have a query related to the interpretation of the term "highway" for the purposes of Parts 1 and 2 of the General Permitted Development Order 1995 (GPDO). Does a highway have to be used by vehicular traffic and is it relevant to consider whether the highway is public or private?

This is a frequent query sent in to Casebook Forum and follows from the complete lack of a definition in the current GPDO. At noted at (4.3442) common law usage is normally taken at appeal. This indicates that a highway is a way over which the public are entitled to pass and repass, including a footpath. As indicated by the appeal examples cited many "ways" which would not reasonably be considered a "highway" have been considered to be so. Clearly this is a matter which desperately needs clarification in the current review of the GPDO being undertaken by consultants.
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Is the regulation strictly 2m or should we apply for permission, would it be case by case? The side of the house itself is less than 2 meters from the boundary and the porch wouldn't extend beyond that side.

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