Garage Extension - Permitted Development or need Planning ?
Discussion
We have a detached single garage with apex roof at the rear of our house, close to the rear boundary of our garden facing our heighbours at the rear.
The garage was added in about 15 years ago by previous owners and was a permitted development and didn't need planning permission.
The area behind the garage is shaped like a right angled triangle. Our boundary fences (which are our responsibility / property according to the deeds) form the hypoteneuse and the short side of the triangle and the back of the garage is the other side. The ground falls by about a foot towards our neighbour from existing back of garage.
What I would like to do is replace the "hypoteneuse" and "short side" fences with 7' high brick walls and pitch a roof down to them from existing back of garage, stick a suitable beam in the old garage back wall and knock through. To avoid guttering on neighbours side of wall I thought we could form a zinc gulley on our side of the wall.
We came up with this idea as to simply extent the garage backwards retaining existing profile would tower over neighbours garden and cause objection / friction which we would rather avoid. Whereas replacing the current rotten wooden fences with what they would see as a brick wall seems acceptable and reasonable.
What I want to know is are we likely to be allowed (in law) either under permitted development or planning permission to do this or does there have to be a gap between our structure and the property boundary ?
Just trying to get a feel for this one before I contact local authority planning control..
Any feedback gratefully received.
Cheers
Jon
The garage was added in about 15 years ago by previous owners and was a permitted development and didn't need planning permission.
The area behind the garage is shaped like a right angled triangle. Our boundary fences (which are our responsibility / property according to the deeds) form the hypoteneuse and the short side of the triangle and the back of the garage is the other side. The ground falls by about a foot towards our neighbour from existing back of garage.
What I would like to do is replace the "hypoteneuse" and "short side" fences with 7' high brick walls and pitch a roof down to them from existing back of garage, stick a suitable beam in the old garage back wall and knock through. To avoid guttering on neighbours side of wall I thought we could form a zinc gulley on our side of the wall.
We came up with this idea as to simply extent the garage backwards retaining existing profile would tower over neighbours garden and cause objection / friction which we would rather avoid. Whereas replacing the current rotten wooden fences with what they would see as a brick wall seems acceptable and reasonable.
What I want to know is are we likely to be allowed (in law) either under permitted development or planning permission to do this or does there have to be a gap between our structure and the property boundary ?
Just trying to get a feel for this one before I contact local authority planning control..
Any feedback gratefully received.
Cheers
Jon
It all depends on the size... It will also depend on the area you live in, i.e. if it's Greenbelt or AONB..
From here : http://www.opsi.gov.uk/si/si2008/Uksi_20082362_en_...
Class E
Permitted development
E. The provision within the curtilage of the dwellinghouse of—
(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.
Development not permitted
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);
(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;
(c) the building would have more than one storey;
(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;
(e) the height of the eaves of the building would exceed 2.5 metres;
(f) the building, enclosure, pool or container would be situated within the curtilage of a listed building;
(g) it would include the construction or provision of a veranda, balcony or raised platform;
(h) it relates to a dwelling or a microwave antenna; or
(i) the capacity of the container would exceed 3,500 litres.
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.
E.3 In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
Interpretation of Class E
E.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
From here : http://www.opsi.gov.uk/si/si2008/Uksi_20082362_en_...
Class E
Permitted development
E. The provision within the curtilage of the dwellinghouse of—
(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.
Development not permitted
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);
(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;
(c) the building would have more than one storey;
(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;
(e) the height of the eaves of the building would exceed 2.5 metres;
(f) the building, enclosure, pool or container would be situated within the curtilage of a listed building;
(g) it would include the construction or provision of a veranda, balcony or raised platform;
(h) it relates to a dwelling or a microwave antenna; or
(i) the capacity of the container would exceed 3,500 litres.
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.
E.3 In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
Interpretation of Class E
E.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
clarkey said:
I think it's too close to the boundary to be permitted development. If in doubt, speak to your council, most do a pre-planning enquiry form of some type. When you submit this, they'll reply if planning if needed or not. I'd expect it will be.
That isn't anything to do with Permitted Development for outbuildings. Good advise to speak to your local Planning Dept. give them a call, ask to speak to the Duty Planning Officer and see what they say. My guess is that they'd be non-commital but indicate that it is probably within Permitted Development.
Firstly you get an award for being the only planning query I've seen using the word "hypoteneuse" - well done! If you talk to your planners, they may well have a scheme that allows you to put basic plans (ie ones you could draw not architect plans) in and they will confirm whether it is permitted development or not.
Ours did and we then waved it under their noses when they came out to respond to the neighbours complaints about our shed!
There's a new mini guide on outbuildings on the Planning Portal : http://www.planningportal.gov.uk/uploads/miniguide...
HTH
HTH
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