Planning Regulations & your Garden. Walls, fences, hedges, trees, swimming pools, garden ponds, gates driveways, patios, sheds, summer houses, tennis courts, greenhouses, dog kennels. Where do you stand? You may be surprised - especially if you own a flat!
Fences walls & gates
Planning permission is required if.............. - Your House is a listed building.
- If the fence, wall or gate, is next to a highway used for vehicles (a footpath is part of the highway) - over 1m height requires permission.
- Where it is not next to a highway, any fence gate or wall over 2m will require permission.
- Hedges or trees - to whatever height - do not require planning permission! (Even if they are next to a highway.) You will need to check that there were or are no restrictions on your property though: such as those that apply to 'open plan' estates.
Patios & Driveways & Garden Buildings/Structures If you live in a house! (There are different rules for flats and maisonettes) - If you live in a house, there are no planning restrictions for any size area of patio or other hard standing - providing that it is for 'domestic' purposes. You can concrete the whole lot over if you want.
- However, if you build a new driveway which will cross a pavement or verge, then you will need the permission of your council's Highways Department.
- You will also need Highways Dept. permission and possibly planning permission if you wish to make a new or wider access onto a trunk or other classified road.
- You do not need Planning Permission for a garden shed or summer house **
- or a swimming pool **
- or tennis courts **
- or greenhouse **
- or sauna cabin **
- or dog's kennel or other animal enclosure! **
- or a garden pond **
- You will need permission for a domestic oil storage tank - or other such container - if the capacity is more than 3,500L. or if it is more than 3m high.
(**Restrictions to the above) - A building or other structure must not be nearer to any highway, than the nearest part of the 'house'. (Unless the 'structure' is more than 20m from that highway incl. bridleways, footpaths and byways.) Otherwise, a planning application is necessary.
- If more than half of the area of land around the 'house' is covered by the structure, then it will require planning consent
- If the structure is used for any commercial use whatever - including parking a commercial vehicle - then planning consent must be obtained.
- If the shed or structure is more than 3m high (4m for a ridged roof) you will need permission.
- If the 'house is a listed property you will need planning consent.
Flats & Maisonettes (I didn't make these rules - complain to the government!) You will need planning permission for.... - Any garage, any garden shed, or any greenhouse!
- Any hard standing - such as a patio!
- Any wall or fence
- Any other work that would materially alter the appearance of your flat or maisonette.
General Consult with your neighbours before you start any work. They do have rights - even if planning permission is not required for your own particular project. For instance, there is a legal right to light in some circumstances. There must be a moral right to light in all circumstances. Go and have a cup of coffee: Talk it over first.
The planning consent procedure can take up to 8 weeks - sometimes more!
The Planning Department of your local council will require 'an application' together with some fairly detailed plans (Oh, and a fee!) They will write to your neighbours about your application, and will also publish your application in the local press. It is always a good idea to consult with your planning department, before drawing up any plans. Local councils are usually quite helpful these days. It depends upon the individual of course. But then doesn't everything?
NB. These are guidelines based upon our interpretation of the various planning regulations. I hate to say this but, DO CONSULT A LAWYER if in any doubt! |
