Garden/land & office pod - planning?

[AnyOtherNameButMyRealOne]

Sorry, it's a long one, but want to give as much info as i can!

I moved into a new house 6 months ago. The house was built by an independent local builder during Covid (not built for us), was lived in by a family, and then put up for sale this year. This week, I have a specialist company start building a wooden pod, classified under permitted development rights.

Day 2 of the build, & my neighbour came over to ask if I had planning permission. I said no, as it was being built under permitted rules, and he told me the land is not deemed as garden & therefore, no buildings are allowed. It was originally his land, sold to the family who built the house in 2020.

The pod meets the following 'Permitted Development':

• height below 2.4mtrs tall
• more than 1mtr away from boundary
• built on ground screws, rather than concrete/building base
• enclosed area 4x3m, with a roof that extends into a decking area of a further 3x3m (for clarity, total enclosed area 4x3, total roof area 7x3)
• usage is as a home working office (3x per week, with no visitors) & for providing a sheltered way to enjoy the garden
• electrical connection, but no plumbing/water/sewerage

There are 2 deeds for the house (we purchased both in one transaction)

1. where the main house is - described in solicitors title report as 'House' (and labelled on Streetwise map from 2019, attached tobthe title, as SW building plot)

2. where the garage, workshop, patio, raised pond are, and the pod is going, is described in solicitor title report as 'rear garden & side access' (and labelled on the streetwise map from 2019, attached to the Title, as 'additional land')

On the the land registry title register, both title deeds state (under Charges) 'no building shall be elected on the property hereby conveyed'. But, both have had buildings installed since that date (the house obviously had full planning approved/signed off) & the conveyancing solicitors have said this falls under usual rules, & therefore permitted development is okay. Additionally, since the original house build, the previous oweners built a patio and brick pond in line with usual garden use.

Based on the house purchase/title report from my Solicitors, the Title Deed information I have, and the rules of Permitted Development, I believed that I was all good, but am now worried - it's an inheritance & the most money I've ever spent (outside of the house!)

Nothing on the Title Deeds, or the Solicitors Title report, or the Land Registry Property Search information online, indicates the land is not covered by Permitted Development, but I can't actual find anywhere that specifically describes the land usage/classification. Anyone know how to find/get this?

I've contacted planning, and paid for a 'consultation service', but the lead time for this is 8-10 weeks (without allowing for the Christmas break) & I'm hoping some wise property MNers will have some advice/experience or recommendations, to try and put my mind at rest.

Householder permitted development is only permitted within the curtilage of your dwelling. Unfortunately the curtilage is not always the same as the garden or what you consider to be garden. From your description it sounds like the original plot where your house could be your curtilage (i.e. what formed the red line of the original application site for the house) and the other part is just garden.
Whether your deeds allow any buildings is separate from needing planning permission and isn't taken into account in the planning assessment.

Perhaps contact conveyancing solicitors to ask? That's what I'd do anyway.

Thank you @GandTtwice that's useful language, and a great description of the curtilage which i am struggling to get my head around.

Sadly, what your describing sounds right. The pod is going on the other plot of land to the original application site for the house.

@Messyhair321 I have contacted the original conveyancing solicitors who have said the land is residential, but they are not planning experts, so can't comment on the planning requirements.

I don't want to break the rules, or do anything wrong. And technically, i can move the building (with a crane!) But I just wish I knew for certain.

What @GandTtwice says is correct. Permitted development only applies to development within the curtilage of a property. Was the neighbours house built at the same time or is yours a one-off new build?

It might be worth getting a copy of the original approved plans and the planning permission for your house - you should be able to download it from the Council website. Generally speaking, the curtilage would be the land that was outlined in red on the planning drawings. Check the PP too - there may be conditions on the which restrict permitted development right anyway.

Unfortunately, the only way to get a definitive answer is going to be from the Council. A word of warning - if the Council determine the land to be outside the curtilage, technically the other buildings will be unauthorised too.

Thank you @Seeline .
The neighbours house has been here for 70/80 years. They sold off 3 plots of land.

2 to the previous owners - 1 which my house was built on & 1 which extended the garden and then 1 to the another neighbour, who built their house.

We have the planning permission docs for the house build and can see the building plot red line, which is not where I'm building my pod, so I assume the curtilage stops there.

I'm going to have to wait for the council planning office 😥

going to be a long wait, but i think you are both right. And I'm gutted. Especially if the other buildings are technically not allowed either. In that instance, what recourse do I have on the sellers and conveyancers?

You also need to check the deeds of the bit they sold to see if there is a covenant on those banning building without their consent.

I believe that if a building has been there for 4 years (this is being changed to 10 years I think) then there's not a lot planning can do anyway. I would check that out, I only remember this from something I read, however this doesn't help with your current build, ugh, neighbours...!

There is a 4year rule for built development and 10 years for changes of use.
However, the OP said the house was built during COVID, so 4 year rule is unlikely to be relevant in this case.

Many new builds have permitted development rights removed. The land you plan to use may not be designated as residential or for ancillary use to the house. We almost bought a house where the extended land was designated as agricultural and could not be used as a landscaped garden nor have buildings on it.