Shorter Reads

Q. When is an extension not an extension? A. When it is a garden room a finger width away from the dwelling.

1 minute read

Published 14 September 2018

Authors

Share

Key information

Planning law is known to be a complex area of law and is often difficult to interpret. A recent decision by the Planning Inspectorate (reference: APP/B9506/C/17/3187537) has shown just how important it is to pay attention to the details when considering planning matters.

The case concerned permitted development rights under The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) (“GDPO”). This Order effectively grants planning permission in respect of certain developments, which are known as permitted development rights.  One such permitted development is for “buildings within the curtilage of the dwellinghouse” although there are limitations and conditions on what can be built.

The owner of the property in this case erected a a steel framed Garden Room which only had a finger width gap between it and the main property. It was originally held that this was in breach of the GDPO.

On appeal however, it was held that there was no breach of the GDPO as:

“The GPDO makes a clear distinction between extensions to a dwelling and buildings, etc that are constructed within the curtilage of a dwelling and this is a distinction that would be evident in most circumstances. It does not indicate whether such Class E structures should be a minimum distance from the dwelling although the Technical Guidance refers to buildings attached to a dwelling falling within Class A.”

The clear distinction of the Garden Room being constructed as a separate structure (and not therefore an extension to the main property) meant that it could not be in breach of the GDPO and that it was not required to be a minimum distance away from the property, even though a casual observer might perceive the garden room as an extension to the dwelling and not as a free-standing structure and the original enforcement notice for was quashed.

Related latest updates
PREV NEXT

Arrow Back to Insights

Shorter Reads

Q. When is an extension not an extension? A. When it is a garden room a finger width away from the dwelling.

Published 14 September 2018

Associated sectors / services

  • Real Estate
  • Residential property

Authors

Planning law is known to be a complex area of law and is often difficult to interpret. A recent decision by the Planning Inspectorate (reference: APP/B9506/C/17/3187537) has shown just how important it is to pay attention to the details when considering planning matters.

The case concerned permitted development rights under The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) (“GDPO”). This Order effectively grants planning permission in respect of certain developments, which are known as permitted development rights.  One such permitted development is for “buildings within the curtilage of the dwellinghouse” although there are limitations and conditions on what can be built.

The owner of the property in this case erected a a steel framed Garden Room which only had a finger width gap between it and the main property. It was originally held that this was in breach of the GDPO.

On appeal however, it was held that there was no breach of the GDPO as:

“The GPDO makes a clear distinction between extensions to a dwelling and buildings, etc that are constructed within the curtilage of a dwelling and this is a distinction that would be evident in most circumstances. It does not indicate whether such Class E structures should be a minimum distance from the dwelling although the Technical Guidance refers to buildings attached to a dwelling falling within Class A.”

The clear distinction of the Garden Room being constructed as a separate structure (and not therefore an extension to the main property) meant that it could not be in breach of the GDPO and that it was not required to be a minimum distance away from the property, even though a casual observer might perceive the garden room as an extension to the dwelling and not as a free-standing structure and the original enforcement notice for was quashed.

Associated sectors / services

  • Real Estate
  • Residential property

Authors

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):



    Article contributor

    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up

    Find out about Business

    Find out about Dispute Resolution

    Find out about Individuals & Families

    Find out about Real Estate

    We are Collyer Bristow - The law firm for those that
    value individuality, creativity and collaboration.

    Legal & Pricing info Regulatory InformationAccessibilitySitemapPricing and service information

    Listen to our latest podcast: Budget Miniseries: Impacts on Families with US Connections (Part 1)

    Listen to our latest podcast: Cracking the Code on Directors’ Service Agreements

    Read our latest article: Economist, or just economical with the truth? How can employers respond to ‘fake claims’ on a CV?

    Listen to our latest podcast: Autumn Budget 2024 Special (Part 2)

    Read our latest article: ‘Promoting the integrity of the register’: The new Companies House approach to non-compliance

    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close