Permitted Development Advice Sheet - Class E- Outbuildings and other
structures within the curtilage of the dwelling house.
(The provision of any building, enclosure, swimming or other pool required for
a purpose incidental to the enjoyment of the dwelling house as such, or the
maintenance, improvement or other alteration of such a building or enclosure;
or the provision of a container used for domestic heating purposes for the
storage of oil or liquid petroleum gas)
General Guidance
1. Is the property already lawfully in use as a domestic dwelling? If not then
planning permission will be required.
2. Will all of the proposed works (including foundations and guttering) be within
the domestic curtilage of the dwelling? If not planning permission will be
required. (Curtilage is considered to be the “garden” area of the property not
other land owned such as paddocks. if in doubt investigate the planning
history or resolve via a Certificate of Lawfulness application)
3. Will the proposed works attach to property not in your ownership i.e. join onto
a wall or roof belonging to a neighbour which will require you to do some work
to structures not in your ownership? If yes then planning permission will
probably be required.
4. Is the property a flat or maisonette? If so planning permission will be required.
5. If the dwelling for which this work is proposed is a Listed building then
planning permission will be required.
6. Check to see if the property is located in an Area of Outstanding Natural
Beauty (AONB), a Conservation Area or a Site of Special Scientific Interest
(SSSI), you will need this information later.
7. Using the computer mapping system look at the planning history for the
property in order to establish the following 2 points:
i
If the house was built after 1948, establish the original planning consent and
examine the drawings and the decision notice for the earliest application on
the property. Confirm that permitted development rights were not removed or
restricted. If permitted development rights for outbuildings were removed you
will require planning permission.
ii
Check all permissions that were built to ensure that permitted development
rights were not restricted. Check to see if any restriction would prevent your
proposal, if it would you will require planning permission.
8. Establish from the earliest records which were the original walls of the
property and which were the original “principal” elevation, rear and sides. All
permitted development proposals relate to the original walls. (Original means
as built if after 1948 or as was on site in July 1948 if built prior to that.
Principal elevation is not defined but is generally now taken to be the
elevation with the most architectural detailing on, which often-but not always,
included the main entrance to the house)
9. Ask to see the Department of Communities and Local Government Technical
Guidance document dated August 2010. You should satisfy yourself that you
also comply with this guidance. A copy of this document is available on the
Planning Portal.
10. Take all measurements from the natural level of the land adjacent to the
extension. You may measure from the highest natural level.
11. If the structure proposed includes any primary accommodation (i.e. bedroom/
living space, although studies and playrooms would still be covered by these
regulations) then planning permission will be required for the development.
Having read the general guidance please answer the following questions.
If you answer Yes to any of the following questions and statements you will
require planning permission.
Question
Will the extension mean that more than 50% of the original curtilage
has been built on by either extensions to the dwelling or
outbuildings such as garages and sheds?
Yes
No
Will any part of the proposal be sited on land forward of a wall
forming the principal elevation of the original dwellinghouse (original
refers to as built, if after July 1948, or as existed on that date)
The proposal would be a building which would have more than 1
storey.
If any part of the building, enclosure or container is within 2 metres
of the boundary of the curtilage it will exceed 2.5 metres in height
(when measured from the natural level of the land adjacent to the
proposal).see more detailed questions below.
If the proposal is a building with a roof, then the shape of the roof determines
what height can be built without planning permission, provided that it is all sited
further than 2 metres for a boundary.
Question
Does the proposed building have a dual pitched roof (that is shaped
as an inverted V, this shape should have a single ridge with 2 equal
slopes, although a hip to the ends are permissible. In plan form the
building should be I shaped and not T L E F or any variation.)
Please see pictures below.
If the structure has a duel pitched roof will the structure exceed 4
metres in height?
If the structure has a roof, do the eaves exceed 2.5 metres in
height?
Yes
No
This is an example of a dual pitch roof
outbuilding which could be erected under permitted development up to 4 metres
in height, if no part of the structure is within 2 metres of a boundary.
Question
If the structure has a duel pitched roof and any part of the structure
would be within 2 metres of a boundary, does the height exceed 2.5
metres in height when measure from the natural level of the land
adjacent to the proposed position?
Yes
No
These are
examples of buildings which are not classified as having a dual pitch roof, they
have more than 1 ridge line or are a pent roof construction. These can be erected
up to a height of 3 metres provided that no part of the structure is within 2 metres
of a boundary.
Also included in this category are enclosures (for example bin stores) and
containers (for example Liquid Petroleum Gas tanks)
Question
If the structure does not have a duel pitched, will it exceed 3 metres
in height when measure from the natural level of the land adjacent
Yes
No
to the proposed position?
If the structure does not have a duel pitched roof and any part of the
structure would be within 2 metres of a boundary, does the height
exceed 2.5 metres in height when measure from the natural level of
the land adjacent to the proposed position?
If the structure has a roof, do the eaves exceed 2.5 metres in
height?
Question
Does the structure include a veranda, balcony or raised platform (a
raised platform is one having a height greater than 300 millimetres
measured from the highest natural level of the land adjacent to the
structure, this would include tree houses and raised decking areas)
Yes
No
This is an example of an outbuilding that would not be permitted development as
it includes a veranda.
Question
If the structure is a container would it’s capacity exceed 3.500
litres?
Yes
No
Additional Question for dwellings in Conservation Areas, Areas of Outstanding
Natural Beauty, or SSSI.
Question
Will any part of the proposed work be between any wall that forms
a side wall of the dwelling and the boundary of the curtilage of the
dwelling?
Yes
No
Additional Question for dwellings in Areas of Outstanding Natural Beauty only.
Question
For dwellings in Areas of Outstanding Natural Beauty;- if any part of
the proposed development is further than 20 metres from any wall
of the dwellinghouse, calculate the total area of ground covered by
all current buildings, enclosures, pools or containers that are also
sited more than 20 metres from any wall of the dwelling house. Will
the combined total of the current structures, plus what you are
Yes
No
proposing, exceed 10 square metres?
If you answered NO to the above questions, comply with the general guidance
questions and have read the Technical Guidance document and applied it to your
development, then planning permission will probably not be required.
Please note that this is a self-assessment sheet only and does not constitute a
legal view. To obtain the decision of the Council a certificate of lawfulness
application or a planning application should be submitted.
Informative
You should contact our Building Control service to see if a building regulation
application is required.
If you are doing work on or near a boundary you should familiarise yourself with
the requirements of the Party Wall etc Act.