Permitted Development/Outbuildings

September 13, 2021 by Rachel Newton in forum Planning Forum

#1109 Rachel Newton, 13 September 2021, 20:44

Hello all

I have recently had a letter from council planning questioning the covered pergola in my garden. To describe, this is a wooden trellis, two posts and a polycarbonate roof - all under 2.5m as on a garden boundary and just large enough to fit a picnic table.

I confidently responded that it was built within PD. However today they tell me that due to having a (private) communal footpath between the house and garden that my garden is not "within the curtilage of the dwellinghouse" therefore PD does not apply and i need full planning permission. My garden is visible from my front door and a total of 1.1m away from the house.

This seems nonsensical to me - surely nearly all Victorian terraces have service pathways separating their gardens, this would make thousands of garden buildings illegal surely?

Just a sense check to the audience - what would you do?



#1110 Damian, 13 September 2021, 22:33

The LPA are correct. Which part are you disagreeing to?

#1111 Rachel Newton, 13 September 2021, 22:51

Same LPA, similar circs.

I disagree with logic... that's not to say I'm correct obviously. Hence my presence in this forum to gain an understanding.

#1112 Rachel Newton, 13 September 2021, 22:53

I should clarify my house is back to front. The front door is at the rear of the property as is my garden.

I didn't build anything roadside

#1113 Damian, 13 September 2021, 22:59

But have you built something that oversails this footpath?

#1114 Rachel Newton, 14 September 2021, 22:05

No. It's well within my garden.... nothing overhangs anything nor anyone else's property.

I'd be understanding of planning concern if I'd built it on a footpath. But it's literally in my garden. I've been told to remove or they'll take enforcement action.

#1115 Rachel Newton, 14 September 2021, 22:07

Oh I should add there were other options - LDC or RPP. Both were indicated as unlikely to be successful.

#1116 Damian, 15 September 2021, 20:49

Can you provide a link to a photo of the structure and area in question?

If the LPA are stating PD rules don’t apply, then that would rule out the LDC application route. What’s RPP or are you referring to Retrospective Planning Permission?

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