We recently achieved planning permission for a client who had an enforcement issue regarding a garden building they had built. The building comprised of a workshop and a small living space with an en-suite and kitchenette, which was positioned on the western boundary with their neighbour. Normally a modestly sized garden building like this would fall under Permitted Development Rights, however what the client had overlooked was that the erection of such structures is only allowed under permitted Development Rights so long as any part of the building is not cited within 2 metres of the neighbouring properties curtilage.
In order to deal with the enforcement case that had been raised by the neighbour, we prepared and submitted a planning statement. Our argument highlighted the fact that whilst the development sits in close proximity to the adjacent curtilage boundary, by virtue of the buildings layout, height and scale any impact of the building on the amenity of the neighbours was acceptable.
Permitted Development Rights give homeowners a lot of flexibility to alter, enlarge and improve their properties and the land that falls within their curtilage, but it is always worth getting a professional opinion to ensure your development meets all the criteria. Whilst we were able to achieve permission in this instance, it is worth noting that ultimately a Planning Authority have got the power to enforce against any development that contravenes the criteria of Permitted Development, which could ultimately mean demolition!
With offices in Derby and Sheffield we have extensive knowledge about the policies and procedures of individual councils and the approach taken by planning officers and Councillors. Our aim is always to achieve permissions that meets the client brief with a permission that will deliver development.
At the start of any case we will provide an honest assessment of the likelihood of getting planning permission and we will only pursue applications where there is a reasonable chance of success either through the council or via an appeal.
For more information on Permitted Development Rights, securing planning permission or to discuss a specific project please contact us.
