Outbuildings in conservation area - permitted development?

[Perennis]

I appreciate this is a technical question but it's possible some of you might know the answer. I've asked an architect friend too but they haven't got back to me yet.

Can I build an outbuilding, specifically a swimming pool and building/cover, in a conservation area under permitted development rights? So without planning permission.

I think it's a Class E structure and so as long as it meets the size restrictions it's permitted. I think the conservation area rules mean it needs to be behind the house but that seems to be it. I don't think the council has removed this sort of PD rights in the conservation area.

It's in the green belt, but I think this makes no difference as it's within the curtilage of a domestic building.

Thanks in advance if you can help!

Ohhhh I'm interested in this too!

No

Yes you can, you need to follow the height and size restrictions and be aware of para E.3 which means you essentially can’t build to the side of the house.

Sorry should have said it would be class E of the gpdo.

I've just read the limit per building is 30 square meters, which is pretty limited in terms of a usable pool. It'd be for exercise rather than just splashing around.

Where did you read that? Class E doesn’t have a square metre limit, it can be 50% of the garden and up to 4 m high - 2.5m if it’s within 2m of a boundary - that’s a very big building if you have a decent sized garden.

Thanks @Funnyfive I'm basically just googling so it's hard to find anything definitive — just piecing it together here and there. The garden is very big so could definitely take a substantial additional building.

I think the conservation area might limit your options. Have you looked on the planning portal?

The generic conservation rules prevent a class E development to the side of the house. I can't see any other restriction than that. Planning docs on my council's website are useless.

The conservation area will have restrictions on what you can and cannot do under permitted development. Some conservation areas have all permitted development rights removed, requiring planning permission for any extension or alteration within the grounds or to the building.

Have a look on your council website to see if there is any information on the conservation area, or speak to the planning department or conservation officer in the council.

www.planningportal.co.uk
We got some useful details from here, you can also just search 'planning portal [location]'

I think you need to speak to your local planners. You can't put up a dog kennel in the garden our conservation area.

Just to reiterate what @ThorsBedazzler said, I live in an Area Of Natural Beauty and ALL permitted rights are removed.

We wanted a tiny cloakroom on the side of our bungalow and paid £80 to be told that yes, we would need to apply for full planning! Pity they can't just tell you that on the phone but oh well. Your council planning dept should have a form to fill out (plus a fee) to confirm whether there is any permitted at all...

I have two properties, each in a different conservation area. I need planning for literally EVERYTHING, even things that normally fall under permitted development.

I suggest you refer to the conservation area “rules” for where the property is located - should be on your council website.

Thanks all. I've been in touch with the LPA and it's a Kafkaesque nightmare. They say that because it's in green belt there's a 30% limit on development, which has already been used by by a garage. But what I'm asking about falls within permitted development. Permitted development is a type of blanket planning permission. If you already have planning permission then whilst you might apply for a certificate of lawful development, I don't understand why you would make an additional request to get what you already have.

I can understand that if your development falls outside the limitations of permitted development (too big, wrong location) you might need LPA PP (which is subject to their policies).

This link seems to cover my understanding.

Concerning that people are pushed towards going through planning, which is then refused, when they may have PD rights.

2pm-architects.co.uk/permitted-development-guidance/

I'm sure some people responding have a bit of an inkling about what is planning permission and what is permitted development.

Conservation Areas can, and do, restrict permitted development rights. Sometimes it's on front elevations of properties, sometimes its restricting window replacement only, sometimes it's completely removing PD rights so as to protect the conservation area.

Green belts bring even further restricrion and control.

A random architect website may not know the specific details of your conservation area. Your council will. If they have said the 30% limit has already been used up, they aren't being obtuse. They are giving you factual information.

But... anyway. Folk have given you information, read and do what you will with it.

@Catmummyof2 that's not correct. It IS designated land but that restricts, not eliminates, the PD rights.

@ThorsBedazzler I'm aware of the restrictions in conservation areas but where I am looking they specifically remove PD in relation to dormers, side extensions and a number of other things. They don't explicitly deal with outbuildings. In any event, the issue they refer to appears to be green belt policy, not conservation policy.

I'm not just getting my info from an architect's website, but I posted that as it's easy for everyone to understand and accorded with my research.

I've read the actual planning legislation and government guidance on that legislation. I'm a lawyer (not planning) but decent enough at basic legal research in other areas.

For those with similar queries who may prefer my more legal analysis than that website, this is my take on it:

Planning permission can be:

1. Granted by a local planning authority
2. Deemed by a development order such as the GPDO 2015.
3. Granted on appeal.

If planning permission is granted by any one of these then the development can go ahead.

I've looked at the Town and Country Planning Act 1990 and the Town and Country Planning (General Permitted Development) (England) Order 2015 (GDPO). My understanding of the GDPO is that it is, in effect, a national grant of planning permission. It operates by giving deemed planning permission for certain developments (providing the relevant exceptions, limitations and conditions are met) without the 'developer' having to make a formal application to the LPA for planning permission. So number 2 on that list above.

So, if planning permission has been granted under the GDPO, it is not for the LPA to decide, since it's already been decided.

I've looked at Schedule 2 of the GDPO and can see that the following counts as permitted development:

'Permitted development
E.The provision within the curtilage of the dwellinghouse of—

(a)any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure;'

It then goes on to detail various height, size and location restrictions. I can also see that in a conservation area (article 2(3) designated land) this permission is restricted further as follows "E.3 In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse."

I interpret all this is meaning that as long as the size and location restrictions are met (including not being to the side of the dwelling in a conservation area), that 'any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse' already has planning permission granted through this legislation.

Obviously if the proposal falls outside of the permitted development (say it is too large or in the wrong place) it would fall to the LPA to decide on planning as per 1 above and in line with the local planning policy (and the 30% green belt limit in this area).

I've looked into the restrictions that can be placed on restricted development rights and found that the GDPO can be restricted by:
-Article 3 of the GPDO 2015.
-Special designations.
-Article 4 directions and planning obligations.
Article 3 doesn't seem relevant. The special designation included conservation areas (but not green belt) and there is an additional restrictions on class E which I mention above (about not placing outbuildings to the side in conservation areas). I'm not aware of any Article 4 directions locally apart from one about HMOs in various student areas.

I can't find anything saying that a council policy cancels out these rights, and indeed from a legal perspective it would take primary legislation to do so. There maybe some legislation I'm unaware of. So far the LPA have been fobbing me off with 'this is our policy' so I've asked them for the legal mechanism removing the rights in this area. There may well be something - as I said, planning isn't my speciality so I don't know what I don't know.

If any of you know, that would be great!

Conservation areas can restrict GDPO permitted development rights.

It's lovely that you are a lawyer, but it may be best to speak to a planner. Or your planning department of the council who can advise you exactly what PD rights have been removed in your conservation area under Article 4 and exactly what restrictions the green belt has under either national or local policy.

The council has the power to identify and designate conservation areas and restrict PD rights. They can also restrict PD rights for new developments. It's part of their planning function.

If you really want to build your enclosure and swimming pool, I'm sure you've convinced yourself that the council is wrong. But if you are in a conservation area and in the green belt, speak to the council officer.

This is the technical guidance which might help you figure it out a bit more easily than the legislation. From my reading you should be fine to do it under PD.

You should submit a Lawful Development Certificate first - this takes 6 weeks (from memory) to get a response and basically allows the Council to confirm that the proposals fall under permitted development and don't need planning. It's not obligatory but good practice and helps to have it if you ever want to sell.

Permitted development rights for householders Technical Guidance

No one has ever described me being a lawyer as 'lovely' before but I'll take it!

I'm already in conversation with the LPA. They have a partial list of removed PD rights in conservation areas on their planning site. I'm not sure if these expand on the restrictions found in the GDPO but I'll ask. My gut says they don't, and I can work within those restrictions.

There's only one Article 4 direction in the area and it covers HMOs.

The green belt policy only applies if I'm seeking planning permission, which I'm not yet convinced is necessary.

Good luck (you’re going to need it!!!!!)

Being a lawyer might actually not be helping you here as you seem to think that you should be allowed to build your pool and are quoting bits of the legislation that argue your case.

The fact is, that the Conservation Area rules for your specific area trump anything else. In fact, they can even be applied if your property is outside the conservation area but would have a negative impact on the Conservation Area.

Then throw in if your location has a Neighbourhood Plan as some of these are REALLY restrictive.

Then consider if it is in an AONB and the environmental impacts. Bats, newts and removal of trees or major planting can all throw a spanner in the works when it comes to planning.

They can also put restrictions on what your development can be used for, usually it must be ancillary to the main property but things like not to be used as an annexe, holiday let etc or anything that might affect traffic - the Highways Department also has a say. As does the parish council.

As others have advised, the only people who can tell you what problems you might face are the local planners. It is daft to try and argue legals around permitted development etc when you could be facing even bigger hurdles.

Thanks all. Food for thought!

I'll update you with what the planning authority says.

Incidentally my architect friend just got back and said she thinks it would be a permitted development. She's not a planner but closer to this sort of query than me.

This isn't actually for my house, it's for a house we're considering buying. DH is a serious swimmer and we have one of those small resistance pools. He's v keen to get a pool with more length. The house is worth less (to us) if it doesn't have PD rights so trying to figure it out.