Introduction

The following notes are intended to assist potential purchasers of a Garden Lodge to understand the requirements and consequences of planning permissions. The notes are intended as an outline guide only and are not necessarily comprehensive.

Generally new buildings and extensions to existing buildings require planning permission. This is to ensure that the right buildings get built in the right places and don't offend anyone. The process is administered by the planning department of your local authority. It is not necessarily a difficult or expensive process, but it can be, and everyone has their favourite horror story. 

A planning application will usually take 8-12 weeks to be determined. It is advisable to discuss your proposals with an architect or other consultant with expertise in these matters before proceeding.

Before you advance too far, you would be well advised to have some initial informal discussions with a local planning officer as to the likely requirements of the planning authorities and to clarify their requirements in your own mind. You can do this yourself or through your architect.

In some instances, providing the proposed building does not exceed certain sizes and heights and conforms to other constraints, it may fall into the category of 'Permitted Development' and will not require planning permission. Our smaller Garden Lodges are likely to fall into this class depending on the size of your existing dwelling and other factors which are referred to below.

Conservation Areas & Listed Buildings

Your architect or local planning department will be able to tell you whether your property is listed or is within a conservation area. 

'Conservation Area Consent' (in addition to planning approval) may be required for Lodges built within a Conservation Area even if the house itself is not listed and even if the lodge conforms to the requirements of a permitted development. 

For a lodge built within the curtilage of a listed building permitted development rights are forfeited.

Similar restrictions may apply if the property is in an Area of Outstanding Natural Beauty.

Neighbours  
Planning approval or refusal could depend on the reaction of neighbours to your proposals. It is advisable to talk to neighbours at an early stage and keep them informed of your intentions irrespective of whether planning approval is required.

Covenants  
There may be covenants prohibiting construction of additional buildings tied into the deeds of your property.  Again, irrespective of whether planning permission is required, you should clear this with your solicitors at an early stage.

Permitted Development  
Permitted developments are those which should not require a formal planning application. The requirements state that they should be:

• Behind the building line 

• Terraced houses: Up to 10% of the original house area or 50 cubic metres (whichever is greater). 

• Other Houses: Up to 15% or 70 cubic metres (whichever is greater). 

• 115 cubic metres in any case. 

• Below 4m high providing it has a pitched roof and is not within 2m of the boundary.

Where existing planning permissions exist for relatively new buildings the approval conditions should be checked to ensure that permitted development rights have not been removed as a condition of the approval.

There are other considerations which prospective purchasers should be aware of and which may have an impact on their ambitions and which are worth mentioning.

Tree Preservation Orders (TPO's)
Permission should be obtained from the Local Authority for any proposed construction which affects trees with TPOs on them.

Sewers and drains
Special permission may be required and there may be restrictions on building over, or near to main drains and services.

Rights of Way 
Check that none will be infringed by construction of a Lodge.

Remember

Wherever you are ... Whatever you need ....

'Better Build Benfield'
ATT

"... the sustainable way to build ..."

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