As the Spring and Summer months approach, you may be starting to plan out the changes you’re going to make to your garden. Whether you are planning extensive landscaping, installing decking or building a garden room, understanding your planning permission requirements is important.
Read on as we explore planning law and whether or not you need planning permission for different types of landscaping and garden projects.
What Is Planning Permission?
Planning permission is official and formal consent to make changes to your property and land, granted by the local planning authority. This ensures that changes in your local community don’t negatively impact neighbouring properties and are aligned with local, social and environmental policies.
Failure to obtain planning permission when required to may result in enforcement action to undo work. However, some changes may fall under your permitted development rights.
What Is A Permitted Development?
You generally won’t need planning permission for most gardening projects, as most activities are considered permitted development. Permitted development rights in the UK are a national grant of planning permission that allows homeowners to make certain building alterations without submitting a formal planning application.
However, some factors will require permission. This includes larger landscaping projects, as they may exceed your allowances. You will need official permission before any work begins and before changes or additions can be made.
What About Hard Landscaping Like Paving and Driveways?
- The paved area exceeds 5 square metres,
- It is made of impermeable surfaces that do not allow rainwater to soak into the ground,
- You are located near a listed building or within a conservation area.
Decking And Terraces
Garden decking typically does not require planning permission, as long as specific criteria are met. Decking platforms must not be more than 30cm from the ground, so if your proposed decking exceeds these height restrictions, you must seek planning permission.
Walls, Fences, and Gates
- The height of the wall or fence must not exceed 1 metre if adjacent to a road,
- The height of any other wall, fence, gate or other enclosure must not exceed 2 metres,
- Such work cannot be carried out under Permitted Development if you live in a listed building.
Working With Earthworks
Large-scale changes to garden levels will often need permission. You may also require approval to install a retaining wall, especially in flood-prone areas.
When we refer to ‘large-scale’ changes, this usually involves raising or lowering the ground level by more than 30cm. This requires planning permission because it is a significant change that could dramatically impact rainwater management. Therefore, an incorrect decision could flood your neighbour’s property.
Constructing Outbuildings and Garden Rooms
Garden rooms, sheds, playhouses, greenhouses and garages are all classed as outbuildings. Outbuildings are subject to rules that determine whether you must seek planning permission and/or a building regulations application.
These rules may vary region to region, so it is best to check with your local council before you start any work.
Generally, outbuildings do fall under permitted development rights, subject to the following conditions:
- An outbuilding cannot be placed on the land between the front of your house and the road.
- Must be single-storey,
- A maximum eaves height of 2.5 metres, the top of a dual-pitched roof can be up to 4 metres, and another other roof type, like a flat roof, can be up to 3 metres high.
- When within 2 metres of a boundary, the maximum height of a structure is 2.5 metres,
- You must not include balconies or verandas. Any decking or floor platform must be no higher than 0.3 metres off the ground.
- You cannot cover more than half of the land around your original house with extensions, sheds or other buildings,
- If you live in a National Park, the Broads, an Area of Outstanding Natural Beauty, or a World Heritage Site, any building located more than 20 metres away from the house is limited to a maximum size of 10 square metres. Plus, in conservation areas, you will always need planning permission to build anything on the side of your property.
- If your home is a listed building, you must always apply for planning permission before putting up any outbuilding, regardless of its size or location.
- The building must also be for ‘incidental’ use, such as a gym, office, or storage, and not as a separate self-contained home.
Trees and Natural Conservation
Some trees, even those in privately owned domestic gardens, are subject to tree preservation orders. This means written permission is required from your local planning authority before any changes are made to the tree. This includes felling, topping, lopping, uprooting, damaging roots or destruction.
You can find out whether a tree has a preservation order on it by looking at your local council website or by contacting your local planning authority.
When Permitted Development Is Removed
Permitted development rights are removed when local councils issue an Article 4 direction to protect local character. This can include conservation zones. Permitted development rights also typically do not apply to flats, maisonettes or other buildings.
You will need to apply for planning permission for certain types of work which do not need an application in other areas.
What Happens If You Don’t Get Planning Permission?
Failing to apply for planning permission where required can lead to your local council issuing an official enforcement notice, as this is classified as a breach of planning control.
In extreme circumstances, an enforcement notice may require you to remove or dismantle your newly installed changes completely. Consider the financial implications of removing a driveway or brand new decking, should they be deemed as non-compliant.
Ensuring Proper Compliance
Check With Your Local Planning Department
Hire A Landscaping Expert
Working with a reputable landscaping company, such as ourselves here at Wilsons Groundworks, will help you to understand and navigate the rules and regulations of different garden projects, guiding you through the process from start to finish.
Whatever you are planning, whether that is a driveway, a new terrace or a full garden overhaul, we can support your project and help you to avoid common landscaping mistakes, guiding you toward compliance with local regulations.
Get in touch with our team today for further advice and information.