NEW GARDEN STUDIOS

BIRMINGHAM

Planning Consultancy:

Garages, annexes, and outbuildings

From initial enquiry to finished project En-Plan: Planning & Arcxhitecture can assist with rules governing outbuildings apply to sheds, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwellinghouse. Other rules relate to the installation of a satellite dish, the erection of a new dwelling or the erection or provision of fuel storage tanks.

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

No outbuilding on land forward of a wall forming the principal elevation.
Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
No verandas, balconies or raised platforms.
No more than half the area of land around the "original house"* would be covered by additions or other buildings.
In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres.
On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
Within the curtilage of listed buildings any outbuilding will require planning permission.

*The term "original house" means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

*Designated land includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites.

Please note: The permitted development allowances described here apply to houses and not to:

Flats and maisonettes (view our guidance on flats and maisonettes)
Converted houses or houses created through the permitted development rights to change use (as detailed in our change of use section)
Other buildings
Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights.

Permitted Development for householders – Technical Guidance

You are strongly advised to read a technical guidance document produced by the Government to help understand how permitted development rules might apply to your circumstances.

View 'Permitted development for householders – Technical guidance' on Gov.uk

Is building regulations approval needed for an outbuilding?

If you want to put up small detached buildings such as a garden shed or summerhouse in your garden, building regulations will not normally apply if the floor area of the building is less than 15 square metres and contains NO sleeping accommodation.

If the floor area of the building is between 15 square metres and 30 square metres, you will not normally be required to apply for building regulations approval providing that the building contains NO sleeping accommodation and is either at least one metre from any boundary or it is constructed substantially of non-combustible materials.

This section provides you with general information to help you comply with the Building Regulations when constructing a new outbuilding within the boundaries of an existing property, such as:

garage or carport
summerhouse or shed
greenhouse

Building a new garage attached to an existing home would normally need building regulations approval.

Building a new attached carport (open on at least two sides) would not normally require building regulations approval if it is less than 30 square metres in floor area.

Building a detached garage of less than 30 square metres floor area would not normally need building regulations approval if:

the floor area of the detached garage is less than 15 square metres.
the floor area of the garage is between 15 square metres and 30 square metres, provided the garage is at least one metre from any boundary, or it is constructed substantially of non-combustible materials.

If you want to convert an integral or attached garage into habitable use, building regulations will normally apply, view specific information for garage conversions.

In many cases, these structures will be exempt from requiring approval under the Building Regulations if they meet certain exemption criteria.

If the Regulations do apply to the building then it must be built to reasonable standards. The following pages give an indication of some of the elements normally required to satisfy the requirements of the Regulations for outbuildings.

Case Study: West Hall Farm Winch Road Gayton King's Lynn Norfolk PE32 1QP - Creation of New Home ofice and Gym

En-Plan were approached by the owners to establish the increase in rear garden size by virtue of using existing stabling as domestic storage by virtue of a planning application. En-Plan worked iwth the applicants to ensure the LDE was accompanied by 2 statutory declarations and a series of receipts for the stable buildings from 2006 and picture evidence from 2012 to support the proposal to grant a certificate of lawful development that the site in question has been used as garden land (not curtilage) and that the three stable buildings have been used for domestic storage for a period in excess of 10 years.

The Council agreed that based on mapping from Google Earth, the accompanying documents and the officer’s site visit there is a clear well established end to the gravel surface on the boundary between the proposed garden land and the lawns beyond. At the time of the officer’s site visit the stable buildings were being used for storage purposes with no evidence to the contrary. Historic imagery from Google Earth and previous planning applications shows that the stable buildings have been in place in excess of 10 years. This imagery supports that the land in question has indeed been used as garden land. It was the view of the LPA that the information provided and evidence available shows that, on the balance of probability, it is sufficiently clear that the buildings have been in place and used as storage for over 10 years and that the land has been used as garden land. The proposal is therefore considered to be lawful within the meaning of S.191 of the Town and Country Planning Act 1990 (as amended).

The next step for the development of the site was for a planning application seeks to confirm that the proposed outbuilding situated to the south of the site is permitted development and therefore would not require planning permission. The sole consideration of this application is whether the proposal falls within the limitations set out under Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), so doesn’t require planning permission. The total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) will not exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse). No part of the building will be situated on land forward of a wall forming the principal elevation of the original dwelling house.

Based of the plans submitted, the building does not have more than a single storey, does not exceed 3m in height or 2.5m to the eaves and is not within 2m of the boundary. The building is not situated within the curtilage of a listed building and does not include the constriction or provision of a verandah, balcony or raised platform. However, the elevations do show an extended step in line with the door level.

The proposed development falls within the limitations set out within Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Therefore, the Council is satisfied that the proposed outbuilding does not require a planning application and that, under the provisions of Section 192 of the Planning Act 1990, the proposed works are considered lawful for planning purposes. A Lawful Development Certificate can be issued for this proposed development.

Case Study: 23/02666/FUL | Erection of first floor side extension, rear conservatory, and detached garaging | 14 Caradoc View Hanwood Shrewsbury Shropshire SY5 8NB

Hanwood is a village in Shropshire, England. It is situated a few miles southwest of Shrewsbury, the county town of Shropshire. Hanwood, like many other villages in the area, typically features a combination of older historical structures and more modern residences. It offers a glimpse into the traditional English village lifestyle with its close-knit community, scenic surroundings, and local amenities.

The surrounding area of Shropshire is known for its picturesque landscapes, rolling hills, and historical landmarks. If you're looking to visit or learn more about Hanwood, it might be beneficial to check with local tourist or community centers to gain deeper insights or find out about any events or activities happening in the area.

With the above in mind En-Plan needed to design a garage thta would compliment the surrounding area and th Shropshire Countryside and as such we used more natural wood in the design which as you can see will form a sympathetic additon to the rear curtilage fo the prpoeprty. The first floor bathroom extension will allow for teh modernisation of the house internally with no detrimental impact upon visula or residential amenity in the locality.

Case Study: 22/01246/FUL | Erection of a detached 6 bay garage | Hindford Grange Hindford Whittington Oswestry Shropshire SY11 4NR

Hindford is a small hamlet in Shropshire, England. Located in the western part of the county, it's close to the border with Wales. Being a hamlet, it's a relatively small settlement, and as with many such locations in rural England, it offers a tranquil environment and picturesque surroundings.

The proposal is for the erection of a 6 bay garage to the south of the main property, along with providing space for the family's existing cars the applicant is a classic car enthusiast and it will also allow for the owner to house and provide cover for his collection.

The garage was designed to resemble a stable block to be in keeping with the rural environment. Further to this materials are timber with sheet roofing. In line with Conservation and the Parish's comments conditions requiring samples of materials and details of joinery were added to the decision notice

Therefore overall the Planning Department at Shropshire County Council considered that the proposed building is appropriate in its design and scale for its intended use. Therefore the development is in accordance with policies CS5, CS6 of the adopted Core Strategy and policy MD2 of the adopted SAMDev plan.

22/01278/FUL | Erection of detached garaging | The Old School House Hubbal Lane Tong Shifnal Shropshire TF11 8PW

En-Plan were approached by the owner to assist in gaining permission ofr a detached gaarge in the grounds of the Old School House. Tong itself is a a village located in Shropshire, England, has a rich history that spans several centuries. Here are some historical highlights associated with Tong:

Early History: The name 'Tong' is believed to have originated from the Old English "tang" or "twang", meaning a fork in a river or a road, suggesting that its origins might date back to Anglo-Saxon times.
Tong Castle: The first record of a castle at Tong comes from the 12th century. Over the centuries, the castle changed hands and underwent several renovations and rebuilds. The more well-known 18th-century incarnation was an impressive structure built for George Durant. Sadly, this castle was demolished in the 1970s to make way for the M54 motorway.
Tong Church (St. Bartholomew's): This church is a standout feature of the village. The present church was built in the early 15th century, and it boasts some magnificent tombs, including that of Richard Vernon and his wife. Another notable aspect of the church is the Golden Chapel, commissioned by the Durant family, which contains a memorial to George Durant.
Literary Connection: Tong is thought by some to be the inspiration for Charles Dickens’ ‘The Old Curiosity Shop’. This speculation primarily arises because of Dickens' friendship with the then rector's son of Tong Church. While the connection is often mentioned, direct evidence is scant.
Tong School: Founded in the early 15th century, Tong School had a long-standing history in the village. The original school building still stands near the church.
World War II: During the Second World War, the area around Tong was used for military purposes, including as a location for army camps.
Modern Developments: The construction of the M54 in the 1970s drastically changed the landscape of Tong, especially with the demolition of the aforementioned Tong Castle.

Like many English villages, Tong has seen its share of historical events, changes, and developments, all of which have contributed to its unique character today. If you're interested in a more detailed history, local historical societies or resources dedicated to Shropshire's history might provide deeper insights.

The development would respect the context of the site and would not be harmful to the residential amenities of nearby dwellings or to the surrounding built environment. In this case it is considered that 'very special circumstances' exist which outweigh the inappropriateness of this new building within the Green Belt. The proposed development would be located forward within the plot to avoid impacting upon a mature Sycamore Tree at the rear north east corner, would be a single storey structure of modest, subservient scale with a footprint of approximately 54 square metres and located in the same position as a double garage with
study above approved in 2007, but never constructed. In accordance with Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 the Local Planning Authority have paid special attention to the desirability of preserving or enhancing the character of the area.appearance of Conservation Areas in exercising planning functions and in this case there would be no harm to the character and appearance of the surrounding historic environment.

Case Study: 23/02076/FUL | Proposed garage extension | 1 Oak Farm Barns Dorrington Lane Woore Crewe Shropshire CW3 9RR

1 Oak Farm Barns is located within the small hamlet of Dorrington. The barn was once associated to Oak Farm (located to the east) prior to its conversion into a dwelling house in 2015. The barn is of a two storey, providing three bedrooms to the first floor. The property is surrounding by neighbouring development to the east, south and west, with Dorrington Lane to the north. The property has an singe garage building located to the west. The site is accessed via Dorrington Lane which a runs along the northern boundary. The main barn building to which the garage supports, was converted into a dwelling following planning permission granted in 2015.

At the time of conversion, the proposal was deemed acceptable based on it being considered as a non designated heritage asset by virtue of its age, heritage merit and construction.Policy MD7a states that conversion of historic farm buildings for open market dwellings should be subject to minimal alteration or rebuilding. Domestic features and additions to such buildings are restricted on this basis (i.e. porches, dormer windows) and to retain the historic character of the buildings. This remains the position following conversion, and in this case the buildings are also protected under the above legislation due to being curtilage listed.
Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended) is applicable in having special regard to the desirability of preserving the listed buildings and their setting and any features of special architectural or historic interest which they possess.

The garage extension will mirror the existing in scale and design, the extension will measure 3 metres x 6 metres and will also follow the height of the existing detached garage. Whilst the addition of a further garage bay is not preferential given the number of outbuildings and structures associated with the conversion, it is noted that it will match existing in respect of its simple design and materials. It is also noted that there was previously a dutch barn of a much larger footprint in this location. On balance it is not considered that the additional garage bay would be of such impact that it would be considered harmful to the character and setting of the buildings in this location, and no objections are raised from the Historic Environment Team.

The property is surrounded by neighbouring development to the east, south and west, with Dorrington Lane to the north. The site is adjoined by a neighbouring dwelling to the south, to the east sits Oak Farm House, across the country land to the north, is Dorrington Farm House which is a grade II listed property, Brookside
Farm and associated outbuildings are located to the west .

The proposal raises no objections from a highway perspective, however, the new garage space should also remain clear at all times for a vehicle to park as it forms part of the accepted parking provision for the property when consent was granted for the conversion of the barn into a residential unit under reference 17/05886/FUL.

Taking into account the single storey nature of the proposed garage extension, it is deemed that no additional harm will be caused to the neighbouring amenity, with regards to the loss of light, loss of privacy or overlooking.

Case Study: 23/04439/FUL | Erection of single storey annex extension | The Orchard Northlands Woore Crewe Shropshire CW3 9SH

This application relates to the erection of a single storey side extension to provide an annex to the existing 1-bedroom dwelling. The proposed extension will provide a bedroom, lounge and bathroom and will measure 9.75 metres wide by 6.4 metres deep (55 sqm internal gross floor area). The proposed extension will be set back 2.5 metres from the front elevation of the dwelling and will have a lower ridge height of only 5 metres. An internal access door will allow the occupants access into the main dwelling and use of the kitchen and dining room. The extension will be constructed from matching bricks and tiles.

The existing bungalow is small providing only 80 sqm of internal gross floor area and is constructed from red brick with concrete roof tiles. The bungalow is accessed at the end of a small cul-de-sac and located within the development boundary of Woore and surround by existing two storey dwellings. The plot is large and covers 0.23 ha and includes a large pond to the south of the site. A large proportion of the land surrounding the bungalow is gravel and provides no vegetation or wildlife habitat. The property is mainly surround by a mixture of hedgerows.

The proposed scale, design and appearance of the extension will respect the existing character of the bungalow and will not result in any visual impact in the locality. The proposed extension will be built from matching materials which will be sympathetic to the existing character of the property, whilst it will be sustainably constructed meeting the current Building Regulation standards as a minimum. The extension will not result in the significant loss of garden area and will provide an appropriate level of amenity space for the enlarged dwelling.

Policy CS6 ‘Sustainable Design and Development Principles’ of the Shropshire Core Strategy indicates that development should safeguard the residential and local amenity. Having regard to the proposed orientation and distance away from neighbouring properties the proposed garage will not result in any detrimental
impact from causing an overbearing impact or loss of light.

The existing residential curtilage includes a pond, and the Council Ecologist has indicated that an assessed is required to establish whether the pond supports Great Crested Newts by carrying out a Habitat Suitability Index (HSI) assessment. However, the bungalow is surrounded by a large area of gravel with no vegetation or foraging ground on the proposed footprint of the extension. The Council Ecologist has indicated that even if the pond were to support Great Crested Newts there would be no impact. It has now been confirmed that no
further survey work is required.

It was concluded by the Council that the proposed scale, design and appearance of the extension will respect the existing character of the dwelling and will not result in visual impact, cause any

Case Study: 23/04956/FUL | Erection of residential annex | Holly Cottage Hazles Road Shawbury Shrewsbury Shropshire SY4 4HE

The application seeks planning permission for the erection of residential annex within the curtilage of the dwelling known as Holly Cottage, Hazles Road, Shawbury, Shrewsbury. This application is a revised submission of previously approved planning application 23/02537/FUL. This application differs in that the applicants are now proposing an in increase in height to detached annex to provide a mezzanine sleeping platform. The proposals differ slightly in that there is a roof increase by approx. 1m and 3 rooflights to rear elevation will be replaced with solar panels. The front and side elevations remain the same.

Holly Cottage is a semi-detached two-storey dwelling located on Hazles Road, Shawbury, which sits within a large curtilage and is constructed in brick. The property has undergone previous extensions and benefits from parking which will remain unaltered by the proposals.

The principal of the development has already been established under planning application and therefore officers need to consider whether the increase in height would have a significant impact compared to the previous approval. It is not deemed that the proposed increase in height would adversely affect the previous
approval in order to warrant a refusal. Therefore, the siting, scale and design on the revised proposal is deemed acceptable.

The occupancy of the annexe will be controlled as per the previous approval by way of condition to prevent the building from being used for any other purpose other than those incidental to the enjoyment of the existing residential dwellinghouse in order to safeguard the residential character of the area.

The proposed building would be set back from the road and accessed off the vehicular entrance to the dwellinghouse. However, views of the proposed building would be visible from the street scene above existing hedgerows and boundary treatments, but it is not deemed that the proposed building would have a significant impact given that the building would be seen in context of the existing dwellinghouse and neighbouring properties.

An objection comment has been received which raised concern regarding the building being significantly visible from the neighbouring dwelling, however given that the building is deemed to have a sufficient separation distance between the proposed building and the existing neighbouring dwellings, no side elevation
windows are proposed, the proposal would not cause an unacceptable loss of privacy through overlooking to neighbouring residents.

Shropshire Council concluded that the works are judged to be in scale and character with the original building and of no demonstrable harm in terms of visual impact. No significant harm is considered to arise to the neighbouring resident’s amenity and the application therefore accords with the principal determining criteria of the relevant development plan policies including CS6 and MD2 and approval is recommended.

Further Information

Please CONTACT US for a free no obligation consultation or email me on simon@en-plan.co.uk. I look forward to talking through any proposals you may have.