Do I Need Planning Permission To Build A Brick Summer House

Do I Need Planning Permission To Build a Brick Summer House?

Constructing a brick summer house in a garden can significantly enhance outdoor living space, providing a versatile area for relaxation, entertainment, or even a home office. However, before embarking on such a project, it is crucial to understand the planning permission regulations that govern these types of structures. Failing to comply with these regulations can lead to enforcement action, including fines and the potential demolition of the unauthorized structure. Therefore, a thorough understanding of permitted development rights and when planning permission is required is essential.

The primary legislation governing building projects in England and Wales is the Town and Country Planning Act 1990, alongside subsequent amendments and associated regulations. This legislation establishes the framework for controlling development and ensuring that it aligns with local and national planning policies. It is important to note that planning regulations can vary slightly depending on the specific location and local authority policies. Therefore, consulting with the local planning authority is always recommended to obtain accurate and up-to-date information.

Permitted development rights allow homeowners to carry out certain types of building work without the need to apply for planning permission. These rights are designed to streamline the development process for minor projects that are unlikely to have a significant impact on the surrounding environment or neighboring properties. However, permitted development rights are subject to various limitations and conditions which must be carefully considered before proceeding with any construction work.

Understanding Permitted Development Rights for Outbuildings

Outbuildings, including summer houses, often fall under permitted development rights, provided they meet certain criteria. These criteria typically relate to the size, height, location, and intended use of the structure. It's essential to assess whether the proposed brick summer house complies with these requirements to determine if planning permission is necessary.

Firstly, the size and height of the outbuilding are critical factors. Generally, outbuildings are permitted development if they do not exceed a certain cubic capacity. For properties that are not located in designated areas, such as Areas of Outstanding Natural Beauty (AONB), National Parks, or conservation areas, the limit is typically 50% of the total area of land around the original house. The term "original house" refers to the house as it was first built, or as it stood on 1 July 1948 if it was built before that date. Any extensions or alterations carried out since that date are not taken into account when calculating the permitted development allowance.

In designated areas, the permitted development allowance is often more restrictive, typically limited to a smaller percentage of the land around the property or a lower cubic capacity. The height of the summer house is also subject to restrictions. Generally, the maximum height of an outbuilding under permitted development is 4 meters for a building with a dual-pitched roof or 3 meters for any other type of roof. If the outbuilding is located within 2 meters of a boundary, the maximum height is further restricted to 2.5 meters.

Secondly, the location of the summer house within the garden is another crucial consideration. Outbuildings are generally not permitted development if they are located forward of the principal elevation of the original house. The principal elevation is typically the elevation that faces the main road. Additionally, outbuildings are often restricted from being located on land that is designated as a protected area, such as listed buildings or scheduled monuments. If the property is a listed building, any work to the building or its curtilage (the land immediately surrounding it) will almost certainly require listed building consent, regardless of whether planning permission is also needed.

Thirdly, the intended use of the summer house can also affect its permitted development status. If the primary use of the summer house is incidental to the enjoyment of the dwelling house, it is more likely to be considered permitted development. However, if the intended use is for commercial purposes, or as a separate dwelling, planning permission will almost certainly be required. For example, if the summer house is intended to be used as a rental property or a business premises, it will likely need planning permission. The definition of "incidental" can be subjective, and it is advisable to seek clarification from the local planning authority if there is any doubt.

Finally, it is critical to remember that permitted development rights can be removed or restricted by Article 4 Directions. These directions are issued by local planning authorities to control specific types of development in particular areas. They are often used in areas of high amenity value or where there are specific planning concerns. If an Article 4 Direction is in place, it may remove permitted development rights for outbuildings, meaning that planning permission will be required even if the proposed summer house would otherwise have been permitted development. Checking with the local planning authority to determine if any Article 4 Directions are in place is essential before proceeding with the construction of a brick summer house.

Situations Where Planning Permission Is Likely Required

Even if the proposed brick summer house appears to fall within the parameters of permitted development, certain situations will almost certainly necessitate a formal planning application. Understanding these circumstances can prevent potential legal issues and ensure compliance with planning regulations.

One common scenario that requires planning permission is exceeding the size or height restrictions outlined in the permitted development guidelines. If the proposed summer house exceeds the maximum cubic capacity or height limits, a planning application will be necessary. This is particularly relevant for larger brick summer houses designed for multiple uses or those with more elaborate designs. The local planning authority will assess the impact of the larger structure on the surrounding area, considering factors such as visual amenity, impact on neighboring properties, and potential loss of light or privacy.

Another situation that necessitates planning permission is if the property is located in a designated area, such as a conservation area, Area of Outstanding Natural Beauty (AONB), or National Park. In these areas, planning regulations are typically more stringent to protect the unique character and appearance of the landscape. Building a brick summer house in a designated area will likely require planning permission, even if it complies with the general permitted development guidelines. The local planning authority will carefully assess the design, materials, and location of the summer house to ensure that it is in keeping with the surrounding environment.

Furthermore, if the intended use of the summer house is not incidental to the enjoyment of the dwelling house, planning permission will be required. This includes using the summer house for commercial purposes, such as a business premises or a rental property. The local planning authority will consider the potential impact of the commercial use on the surrounding area, including factors such as increased traffic, noise, and disturbance to neighboring properties. Additionally, if the summer house is intended to be used as a separate dwelling, it will almost certainly require planning permission, as this would be considered a change of use of the land.

Changes to the levels of the land can also trigger the need for planning permission. If building the brick summer house requires significant excavation or raising of the ground level, this may be considered engineering operations that require planning permission. This is particularly relevant if the land is steeply sloping or if the construction involves retaining walls or other earthworks. The local planning authority will assess the impact of the land alteration on the surrounding area, considering factors such as drainage, stability, and visual amenity.

Finally, if there are any restrictive covenants on the property that limit the construction of outbuildings, planning permission may be required. Restrictive covenants are legal agreements that are attached to the land and can restrict the types of development that are permitted. These covenants are typically found in the deeds of the property and can be enforced by neighboring landowners. It is essential to review the property deeds to determine if there are any restrictive covenants that may affect the construction of a brick summer house. If there are, it may be necessary to obtain the consent of the neighboring landowners or apply for planning permission to override the covenant.

Obtaining Planning Permission: The Application Process

If it is determined that planning permission is required for the brick summer house, it is essential to follow the correct application process to ensure a smooth and efficient outcome. The planning application process typically involves several stages, including preparing the application, submitting it to the local planning authority, and awaiting a decision.

The first step is to prepare a comprehensive planning application. This should include detailed plans and drawings of the proposed summer house, including its dimensions, design, materials, and location within the garden. It is essential to provide accurate and scaled drawings to avoid any ambiguity. The application should also include a site plan showing the location of the summer house in relation to the existing house and neighboring properties. A design and access statement may also be required, particularly for larger or more complex projects. This statement should explain the design principles behind the summer house and how it relates to the surrounding environment. It should also address any potential accessibility issues.

Once the planning application has been prepared, it should be submitted to the local planning authority. The application can typically be submitted online or by post. A planning application fee is usually payable at the time of submission. The fee varies depending on the size and nature of the proposed development. The local planning authority will then validate the application to ensure that it is complete and contains all the necessary information. If the application is incomplete, the local planning authority will request the missing information, which can delay the decision-making process.

After the application has been validated, the local planning authority will consult with various stakeholders, including neighboring properties, statutory consultees, and internal departments, such as highways and environmental health. Neighboring properties will be notified of the application and given the opportunity to comment. Statutory consultees, such as the Environment Agency or Historic England, will be consulted on specific issues, such as flood risk or heritage impact. The local planning authority will consider all of the comments and representations received before making a decision.

The local planning authority typically has eight weeks to determine a planning application for minor developments, such as outbuildings. However, this period can be extended by agreement with the applicant. The local planning authority will assess the application against relevant planning policies, including the local development plan and national planning policy framework. The decision will be based on a range of factors, including the impact of the summer house on the surrounding area, its design and appearance, and its impact on neighboring properties. If the application is approved, the local planning authority will issue a planning permission, which may be subject to certain conditions. These conditions may relate to the materials used, the hours of construction, or the landscaping of the site.

If the planning application is refused, the applicant has the right to appeal the decision to the Planning Inspectorate. The Planning Inspectorate is an independent body that hears appeals against planning decisions. The appeal must be lodged within six months of the date of the decision. The Planning Inspectorate will consider the appeal and make a decision, which is binding on the local planning authority. Obtaining planning permission can be a complex and time-consuming process. Therefore, it is advisable to seek professional advice from a planning consultant or architect to ensure that the application is prepared correctly and that the chances of success are maximized. This proactive approach can save time, money, and potential legal complications down the line.