New Permitted Development Rules – changes as of 2016

If you’re planning on extending your home by installing a garden room it may now be possible for you to build to a much larger size than was previously possible due to a recent change in planning legislation.

Permitted Development guidelines now state that:

Providing that the total area covered by your new buildings does not exceed 50% of the total area within the curtilage of the garden, you can build to any floor area. (This 50% should take into account any other garden sheds/outbuildings you may already have).

Below is the full list of caveats found on www.planningportal.co.uk

• No outbuilding on land forward of a wall forming the principal elevation.
• Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
• Maximum height of 2.5 metres in the case of a building, enclosure or container  within two metres of a boundary of the curtilage of the dwellinghouse.
• No verandas, balconies or raised platforms.
• No more than half the area of land around the “original house”* would be covered by additions or other buildings.
• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres.
• On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
• Within the curtilage of listed buildings any outbuilding will require planning permission.

*The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

These new changes also apply to single-storey rear extensions that are due to be completed by 30 May 2019 (see the associated neighbour consultation scheme).

This means that you may now build single storey extensions without planning permission, providing that:

• The extension does not sit forward of the principal elevation.Materials should be similar.
• Where it is within 2m of any boundary, the eaves cannot be higher than 3m, and no more than 4m in height otherwise.
• Rear extensions — no more than 4m in depth (detached house) or 3m in depth (semi-detached or terrace).
• Side extensions — the width of the extension must not be greater than half the width of the original dwelling. Side extensions are not permitted on Article 1(5) Land (e.g. AONB, Conservation Areas).

It’s definitely worth keeping in mind that the above criteria apply to the physical structure and location of a garden room or extension but the ‘intended use’ is a critical component when it comes to compliance.

When it comes to outbuildings, the use should always be ‘incidental’ to that of the home, ie: home office/art studio/music room etc.

Unfortunately Garden rooms under permitted development cannot be used for commercial B&B purposes neither can they be used as granny annexes or residential accommodation!

Please do give us a call or pop over to the planning portal if you have any questions on this subject, although we don’t claim to know it all, we have several decades worth of experience with the Local Authorities and we can certainly try to assist you where we can.