Outbuildings whilst building a house

[Leigh0403]

On 14/10/2025 at 07:45, Dave Jones said:

 

when was the outbuilding constructed ?

Outbuilding has just been constructed house only has footings done. They have written to me this morning saying it is breaching planning and I need to apply for full planning even though I have said it is used for welfare facilites. It is a modular build so not brick built

[kandgmitchell]

Write back, drawing their attention to the legislation {Town and Country Planning (General Permitted Development) (England) Order 2015} and ask politely why they do not think you do not have Part 4 Class A PD rights for the duration of the house build. It does not matter what it is built of, it is a "temporary" building being used in conjunction with authorised works that are being carried out on site. Tell them that it is the intention to remove said building at completion of the works. Then look again at the situation when you are complete. If it meets the domestic PD rights then apply for a certificate of lawfullness at that stage if you want certainty. First things first, get them off your back....

 

We had containers, a static caravan and a shed during the build and not a peep from the LA. The shed was repositioned so as to be definately PD (and has been added to with a second), the static and contaners removed and everyone is happy.

[JohnMo]

2 hours ago, kandgmitchell said:

PD rights for the duration of the house build

Isn't that because while developing a site under planing permission, there are no PD rights, you are legally bound to develop site to the agreed plans, without deviation.

 

23 hours ago, Leigh0403 said:

 breaching planning and I need to apply for full planning even though I have said it is used for welfare facilties 

That would be my understanding also

[kandgmitchell]

1 hour ago, JohnMo said:

Isn't that because while developing a site under planing permission, there are no PD rights, you are legally bound to develop site to the agreed plans, without deviation.

 

No, as I mentioned above we are not talking about Part 1 Class E rights here, land has other permitted development rights that has nothing whatsoever to do with dwellings. As a landowner I can use my land as a caravan site subject to criteria because I would have Part 5 PD rights, as a farmer I have different PD rights contained within Part 6, I could extend my warehouse using Part 7 Class H PD rights. Don't get hung up on one part of the Schedule of Permitted Development Rights.

 

You are right that there are no Part 1 rights because there is no dwelling but Part 4 rights apply to temporary uses of any land and the provision of a building in connection with authorised works is allowed because builders need buildings whilst they are building other things, be that bridges, roads, offices or dwellings and the OP needs their building whilst they build their house, it is therefore covered by that provision and has nothing whatsoever to do with "normal" Part 1 domestic permitted development rights. Here it is again...

 

PART 4Temporary buildings and uses

Class A – temporary buildings and structures

Permitted development

A.  The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permitted

A.1  Development is not permitted by Class A if—

(a)the operations referred to are mining operations, or

(b)planning permission is required for those operations but is not granted or deemed to be granted.

Conditions

A.2  Development is permitted by Class A subject to the conditions that, when the operations have been carried out—

(a)any building, structure, works, plant or machinery permitted by Class A is removed, and

(b)any adjoining land on which development permitted by Class A has been carried out is, as soon as reasonably practicable, reinstated to its condition before that development was carried out.

 

 

[JohnMo]

49 minutes ago, kandgmitchell said:

temporary buildings and structures

A concrete base and a building on top, sounds less than temporary. My house is on a concrete base it ain't temporary. The planning permission will state clearly if PD rights are removed or they stay in place. The OP just needs to read the planning permission documents.