Do I Need Planning Permission.co.uk
Making the most of your Home

Hi.
Just trying to get a general consensus as our local council are digging their heels in. We are trying to get a certificate of lawful development for erecting a summerhouse in our rear garden. We had a fence originally that ran approx 50cm in from our boundary with a footpath, leaving a very narrow strip of land which open, along with my front and side garden - all of which are open plan. The council are looking to reject the lawful development as in their opinion the 50cm strip isn’t part of my “residential curtilage” although I argued it is, as is my front/side garden.

Interested to hear any thoughts on this

I may not have made it clear in the above - it was the intention that the summerhouse was sited by an partly on this small strip of grass, up to my boundary - fyi it fits in with all of the height/size requirements for PD within 2m of a boundary so they were not considerations for rejection

And what’s the issue? Which part of the GPDO are they saying it doesn’t appear to meet?

Hi. They are saying that the narrow strip of land that was outside the line of my original rear garden fence does not form part of my curtilage (although it is part and parcel with my front and side garden as all are open plan.

And you have built on that strip?

Proposing to but not yet

Can you provide the strip is part of your curtilage via a title plan?

My title plan outlines my land in red, and within that there are black lines showing my house, along with the fenced rear garden

Right, so you have the proof of boundaries, curtilage and ownership. I assume that has been presented to the Council?

Yes thats right - it is the councils “opinion” that the black line to outline my rear garden fence is the curtilage and the small strip is not - they agreed that I own the land - I did explain to them how my open plan front and side garden wraps around the fenced rear garden - the strip in question is 4m x 0.6m and is all one with my front and side garden.

Do you have a link to this plan? It initially sounds like a bit of land that although may be in your ownership, you couldn’t physically enclose it with a fence (for example) without seeking Planning.

Hi. Yes the link to the location plan is below. Council advised I could erect a 1m fence on this small patch of land as PD. It’s the small strip between footpath and black line outlining my back garden fence. Seems strange that front and side are my curtilage but then an invisible line forms at this strip that makes it a sort of “no mans land”.

https://publicaccess.sthelens.gov.uk/online-applications/files/A6C2095FA272D4CCD8D04CE6705D5C4D/pdf/P_2023_0207_CLP-LOCATION_PLAN-1355253.pdf

So your existing fence doesn’t actually meet the path and that’s this strip of land you are referring to?

I have to agree with the Council in this regard. I’ve had two experiences of it before. Your curtilage would start from the solid black line and not the dashed black line.

Is there any reason why you’re trying to avoid Plannig?