Hi
@Gibbo
Some confusing advice on here, no doubt offered in good faith though. Bit of background, I am a Planning Enforcement Officer for a Local Planning Authority (LPA) and I can advise you on planning, I can't advise you on Building Regulations a that is separate legislation.
Home owners can erect outbuilding within the curtilage of their dwellings with the benefit of planning permission granted by
The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) [henceforth simply the GPDO2015].
Class E, Part 1, Schedule 2 of the GPDO2015 grants permission for outbuilding subject to the conditions and limitations imposed.
Class E – buildings etc incidental to the enjoyment of a dwellinghouse
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; or
(b)a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.
Development not permitted
E.1 Development is not permitted by Class E if—
(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b)the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);
(c)any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;
(d)the building would have more than a single storey;
(e)the height of the building, enclosure or container would exceed—
(i)4 metres in the case of a building with a dual-pitched roof,
(ii)2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or
(iii)3 metres in any other case;
(f)the height of the eaves of the building would exceed 2.5 metres;
(g)the building, enclosure, pool or container would be situated within the curtilage of a listed building;
(h)it would include the construction or provision of a verandah, balcony or raised platform;
(i)it relates to a dwelling or a microwave antenna; or
(j)the capacity of the container would exceed 3,500 litres.
E.2 In the case of any land within the curtilage of the dwellinghouse which is within—
(a)an area of outstanding natural beauty;
(b)the Broads;
(c)a National Park; or
(d)a World Heritage Site,
development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.
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.
Interpretation of Class E
E.4. For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
This permission can be removed by your LPA. You should ensure that you obtain all decision notices for any planning permission granted by your LPA for your property and check that none of those permissions had a condition imposed removing Class E from the land.
You should also ensure that the LPA have not withdrawn GPDO permissions using an Articel 4 Direction.
Assuming not then as long as you ensure that your outbuilding is for an incidental purpose, within the curtilage of the dwelling and complies with the limitations listed above at E.1, E.2, E.3 and E.4 then your proposed outbuilding will benefit from planning permission by virtue of the GPDO2015.
This is legislation but the government also provides
technical guidance but remember legislation trumps guidance.
Hope this helps, let me know if you have any questions.
Darren
