what does this condition mean

[redtop]

one of the many conditions is below.  My question is could i put up a shed to store garden tools, etc required to maintain the plot.  Worth noting the single house sits within a 1 acre wood so there will be some tree maintenance to do:-

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking, re-enacting or modifying that Order), no development within Classes A, B, C, D and E of Part 1 of Schedule 2 to the said Order shall be carried out without an express grant of planning permission, namely:

            The enlargement, improvement or other alteration of the dwellinghouse;

            The enlargement of the dwellinghouse consisting of an addition or alteration to its roof;

            Any other alterations to the roof of the dwellinghouse;

            The erection of construction of a porch outside any external door of the dwelling;

            The provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure.

[Jeremy Harris]

Welcome.

 

That clause looks to be a fairly standard revocation of Permitted Development rights condition, and is the sort of thing often included when granting planning consent to a dwelling that is in some form of restricted planning area (most often these revocations of PD will be standard for houses built within a Conservation Area, Green Belt, a National Park or sometimes an AONB).

 

It means that if you wish to erect a shed then you need to get planning consent.  This would be via a householder submission and would most probably be granted, as long as the shed was not too large or unsightly.  The condition is there primarily to limit the proliferation of buildings etc in what may be considered to be a sensitive area, the intention being to prevent "over development" usually.

[redtop]

thanks and that makes perfect sense

[Sue B]

My permitted development revocation actually talks about sheds so i’m not so sure:

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 and the Town and Country Planning Act 1990 or any subsequent re-enactment thereof, no extension, to include the insertion of dormer windows, nor shall any outbuildings, to include garages, sheds etc be erected without express planning permission first being obtained from the Local Planning Authority.
Reason: To preserve the openness of the Green Belt.

 

[ToughButterCup]

32 minutes ago, redtop said:

[...]

My question is could I put up a shed to store garden tools,

[...]

 

And what if you put a shed on wheels? The Conditions don't cover that..... and so popping a shed on some form of wheels is a common way round that regulation.

Tucked out of direct sight, and incapable of being hitched instantly to a thief's tow truck.....

 

Just sayin' .....

[redtop]

like your thinking ? my thoughts were that a shed solely used to store tools required for the maintenance of the garden / trees would be difficult to argue against.  Note i am not after anything other than a shed lol, just somewhere to store all the bits and bobs.  Also worth mentioning as part of the approved planning i can put up a double car port but no garage, so there isnt anywhere to securly store garden stuff other than inside the house

[Jeremy Harris]

Might be worth having a read of the guidance on the Planning Portal: https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

 

In general, it's unlikely that consent would be refused for a single garden shed of modest size, and the process of getting approval should be fairly painless, although is likely to take some time.  It depends on your local authority, but most householder applications should take between 8 and 12 weeks to be processed, if straightforward and uncontentious.

 

If you are not in a Designated Area (Conservation Area, Green Belt, National Park, AONB etc) then you might wish to consider applying to have the condition on your planning consent removed.  Sometimes PD rights will be revoked by condition at the request of the applicant, usually developers who want to preserve the appearance of a development until they have sold all the houses.  In such cases it may be possible to get PD rights restored, so that anything that would normally fall within PD rights can be built without needing further consent.

[ProDave]

Just to add to this, perhaps more for the benefit of others.  If you think it is likely this condition is going to be added, then make sure you include all the sheds and outbuildings you think you are ever likely to need to your planning application.

 

If this condition is attached to an outline planning permission then you have the chance to do that when you submit your full application.

[Carrerahill]

1 hour ago, redtop said:

one of the many conditions is below.  My question is could i put up a shed to store garden tools, etc required to maintain the plot.  Worth noting the single house sits within a 1 acre wood so there will be some tree maintenance to do:-

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking, re-enacting or modifying that Order), no development within Classes A, B, C, D and E of Part 1 of Schedule 2 to the said Order shall be carried out without an express grant of planning permission, namely:

 

            The enlargement, improvement or other alteration of the dwellinghouse;

 

            The enlargement of the dwellinghouse consisting of an addition or alteration to its roof;

 

            Any other alterations to the roof of the dwellinghouse;

 

            The erection of construction of a porch outside any external door of the dwelling;

 

            The provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure.

 

I think given the nature of what a shed is, assuming it will just be a small-ish shed I would just be building it, put it somewhere that is not too visible from the road or neighbours and just build it, the only way planning would ever actually know was if they happened to be on your property, or someone reported you. I doubt your neighbours would even suspect a shed to be against your planning and think to complain. A shed is a temporary structure, you could lift it up and move it somewhere if you needed. 

 

At the end of the day it is a shed, life is too short to worry and what are they actually going to do to you and if they did say take it down, you take it down for a week and rebuild it somewhere else, I would plant some hedges or tree's or hide it behind something. 

 

I do not condone flouting planning, if someone builds a wholly unacceptable building or extension in contravention of planning I would be the first to get annoyed, but, it is a shed! Build it.

 

A friend of mine, who was treated very badly by planning and building control got really fed up with them and just ended all communication with them, he built an extension. It was all done properly but with no planning or warrant - the BCO happened to come round and stood in my friends new kitchen when it was all done telling him he could not do that, my friend just replied that "I just have" (typical farmer) - the BCO man walked out the kitchen door in 2004 and that was the end of that. One day the property will be sold... the extension will have been up for so long I doubt anyone would even think to question it's authenticity. 

 

 

 

Edited March 21, 2019 by Carrerahill

[Sue B]

The alternative if you haven’t already started, is to add all sheds etc. onto the plot before commencement.  The withdrawal of PD is only in place when the planning permission is commeneced.  Therefore you can get all PD work carried out once PP is given but not commenced.  A work colleague had an architect discuss this with them the other day.  It had never occurred to me that there was a small window of opportunity to get this stuff done.  I’ve checked our planning history and our’s has already gone so it’s no help to us.

Edited March 21, 2019 by Sue B

[Temp]

I would also just build a shed in your garden. I suppose if worried you could look at one of the trendy (?) "shepherd’s" huts on wheels.

 

It might also be worth looking at Part 7 (Forestry Buildings and Operations) of the General Permitted Development Order 1995 (GPDO).  This website has some info suggesting you can build a shed in the woods without planning permission as long as it's for forestry use only. Beware they are trying to sell woods so might put a favourable spin on things...

 

https://www.woodlands.co.uk/owning-a-wood/woodlands-and-planning-legislation/

 

 

Edited March 21, 2019 by Temp

[ToughButterCup]

2 hours ago, Carrerahill said:

[...]

when it was all done telling him he could not do that, my friend just replied that "I just have"

[...]

 

North West Lancashire attitude to planning permission, described in 3 words.  I just have.

[Ed Davies]

7 hours ago, Sue B said:

The alternative if you haven’t already started, is to add all sheds etc. onto the plot before commencement.  The withdrawal of PD is only in place when the planning permission is commeneced.  Therefore you can get all PD work carried out once PP is given but not commenced.

 

But PD rights in that part only apply “within the curtilage of a dwellinghouse”. If you've got an empty site prior to commencement there's only any PD it has for the land's existing use.

 

http://www.legislation.gov.uk/uksi/2015/596/schedule/2/made

[ProDave]

Interesting twist to this.

 

Permitted development rights to not apply until the house is complete.

 

I recently erected my ground mount solar PV, that was included on my plans.

 

I then filled in the space under them to make a shed.  That does not have PP and is not yet permitted development.

 

I won't loose sleep over it.

[Sue B]

1 hour ago, Ed Davies said:

But PD rights in that part only apply “within the curtilage of a dwellinghouse”. If you've got an empty site prior to commencement there's only any PD it has for the land's existing use.

 

True - I was imagining on a site that already had a permitted dwelling.