The importance of planning permission

More proof, if proof were needed, that planning permission is vital when building any kind of shedlike structure comes from Vancouver. In brief, this 45 square foot wooden pirate ship tree house was built by an architect for his young sons. A neighbour complained (on grounds of privacy and outlook), a local planning officer agreed and, more importantly, earlier this week so did a judge who has ordered it must be taken down within 90 days. The whole thing has taken two years to sort out. More details in the Toronto Star and CBC Radio Canada: comments on the latter site are particularly worth reading.
Thanks to Annie MacTavish for the alert.

The £13,000 shedbuild challenge

The Daily Mail's Tom Rawstorne was handed the challenge to put together a £13,000 flatpack shed from Argos and turn the field of timber above into the natty shedworking structure below... Did somebody mention planning permission? Well worth a browse.Via Shedblog

InsideOut in Scotland

Lynn Fotheringham from Inside Out Buildings talks on her The Office In The Garden blog about a recent build in rural Fife, their most northerly office build to date. She writes:

"As you can see, we usually build the garden office before the landscaping is complete. This building is now surrounded by paths, deckings and bushes, but when we photographed it hours before completion the garden was still in its raw November state. This en-suite garden office needed planning permission, not because of the en-suite but because it is nearer to the road than the main house is. Our lovely client practices lymphatic drainage to help patients suffering from lymphoedema."

First shedworking space for the Beckhams?

Dutch sculptor and designer Dré Wapenaar's Treetent has been around for several years, admired and not admired on sites around the interweb. But now it seems that Victoria 'Posh Spice' Beckham has bought one for the little Beckhams for Christmas (from Neimann Marcus for around $50,000). Neimann Marcus describe it like this:

"A totally new way to experience nature. A limited-edition dollop of sci-fi futurism. A 13-foot-tall cred-building choice that silences that, "We hate camping!" whining once and for all. has earned international fame for making the world's coolest architectural tents. Nestled among the branches, up off the ground, there's a nine-foot-diameter hardwood floor and groovy round mattress inside. It sleeps two adults comfortably and also makes the world's coolest tree fort/spaceship (with adjustable planetary landing steps)."

Beckhams junior are not doing too badly in this department - they already have a two-storey brick Wendy house at their Hertfordshire home and a play castle with drawbridge which brought them into some 'discussions' over planning permission with the local council.

Lady Verulam's shed

My local newspaper, The St Albans Review, reports on Lady Verulam whose estate is five minutes walk from Shedworking HQ. She is the Lord Lieutenant of Hertfordshire but has fallen foul of the planners over a former potting shed on her land, known as the Gorhambury Estate (where Francis Bacon once lived). Here's how the Review reports the problem:

"The 52-year-old countess, appointed by the Queen in June as her official representative in the county, wants to convert the building to residential use. St Albans District Council has refused the scheme, which would involve an extension, planning permission as "an unacceptable intensification of the use of the Green Belt. The countess' appeal states: "The proposed use will not cause any greater harm to the countryside than the former use." Her lawyers argue that people living in the building would deter vandals who have damaged property on the estate including the remains of the original Gorhambury House. The dispute will be resolved by a government inspector after written representations."

Lord Lieutenant or not, St Albans District Council's planners have a national reputation for being tough.

Shed or dwelling house?

The BBC reports on Stephen Grendon who has been living in a woodland shelter on Brimpsfield Common in the Cotswolds for more than 11 years. A High Court judge has now ruled that his home - a stone-built home named Hermit's Corner measuring 4.25m by 5.8m - was not a "dwelling house" according to law and that he must leave. The to-ing and fro-ing with planners has been going on since 2004 and now Mr Grendon must submit a planning application. Earlier this week, the court was told how Mr Grendon valued "the simplicity of his unconventional lifestyle" and liked "the peace and quiet" of his home. However, Mr Justice McCombe ruled that it "simply did not have the physical attributes of a dwelling house, even with the claimant's modest requirements". The building has main electricity but no running water, bathroom or lavatory. However, Mr Grendon's solicitor Sharon Baxter said the judgement: "seems to give too much emphasis to the physical attributes of the building and too little, we say, to its actual use."

The Shedblog mentioned a similar case earlier this week in which the owners of a "Hobbit-style wood and earth home" are battling to save their ecologically friendly, solar-powered Round House at Brithdir Mawr near Newport, Pembrokeshire, from demolition.

m-house: it's a caravan...

Reopening the discussion on what constitutes a caravan (see here for more), here is the m-house (pronounced 'mouse') which can be used either as a home or for shedworking. Architecturally it's got the thumbs up from the likes of Jonathan Glancey and Hugh Pearman who has written an excellent article about m-House on his web site here. It's an impressive spec with an aluminium roof, full insulation, solar panels, underfloor heating and, my personal favourite, a big double-ended steel bath with a view out of the window: you can see how it looks on site in your garden or even on your roof by clicking here. But the beauty of m-house, which is designed by Tim Pyne, is that it's legally a caravan/trailer which eases the planning permission problem and the site has a good section on planning law.

Timegirl's Nissen hut

I had a lot of fun helping Uncle Wilco from readersheds.co.uk organise National Shed Week and an unexpected bonus has been that I've come across plenty of interesting shedworking atmospheres. Timegirl's Tardis was the overall runnerup in the competition but not only is she a champion shedowner, she's a sheddweller too, living in a restored Nissen hut (pictured) for which she has recently gained residential permission. Timegirl, a watch and clockmaker and restorer, told Shedworking in an exclusive interview:

"It was put up in the 1940s apparently and has also been a chicken house and a garage over the years, but it's been home since I slid off the property ladder - I doubt there are many detached homes in the south east with band A council tax! I've been busy repairing the roof of the hut for the last week, all that rain showed up a few more holes, so the building is covered in a 30' tarp at the moment - that's shed dwelling :-)

"It has an internal frame with wood cladding, still the curved shape, only 18' x 28'. The planning was retrospective although the hut was used as a dwelling in the 40s 50s and into the 60s. The planning department said they knew it had been a dwelling and said 'send in all the evidence you have', but 6 months later (after I'd moved in) they said they had no record of it. So I sat tight, bought blackout blinds, and then applied for lawful use and development under the four-year-rule. There were no restrictions when I got the planning, so the hut could be replaced with a house - and I expect friends to ask why we don't do that, but when they see the hut they always love it. And when I need more space I just build more sheds :-)"

Shed or caravan?

Well, technically, it's a caravan. Designed by Buckley Gray Yeoman for Retreat Homes, this is how they explain it:

"Technically, it is a caravan and conforms to the definition of a Caravan as set out in the Caravan Sites Act 1968. It is also built to British Standard BS/EN 3632. It is therefore exempt from Building Regulations and VAT (apart from any furnishings, upon which VAT is applied). Classified as a transportable building, it is ready to move into within days and can be situated in places that a conventional home cannot. The Retreat is also National Caravan Council (NCC) approved."

So could it go in the garden?

"A Retreat may be sited within the grounds of a dwelling house, without the need for planning consent, provided that:
* - It is legally a ‘caravan’ (ie: it complies with the definitions within the Caravan Sites and Development Act 1960 and the Caravan Sites Act 1968).
* - The caravan is sited within the curtilage of the dwelling house.
* - The caravan is sited for a purpose incidential to the enjoyment of the dwelling house as such."

Although it's aimed at a holiday home market, there is a garden office option. It's FSC timber, with floor to ceiling windows, oak floors and kitchen or bathroom options, plus furniture suggestions. Thanks to Tim Baber for spotting this at the Grand Designs Show.

Garden Lodges and iscape merge

Two of the leading UK garden office suppliers have merged. iscape and Garden Lodges are now operating together and among their new products is the self-build garden office pictured - the i64 - for which they say no planning permsission is required, even in conservation areas. As with other models it comes with insulated floor, roof and walls, double glazing and pre-wiring for light and power - they describe it as "essentially a plug-and-play building". And of course installation instructions (although there is an optional installation service if you prefer) You can download a product brochure here.

Expert opinion on new planning laws

Updating today's earlier post in superquick style, Lynn Fotheringham from InsideOut Buildings comments that: "Ruth Kelly's relaxation of the planning laws may help shorten the lead times for obtaining a garden office. We find that 80% of our garden offices need planning permission, because they are in Conservation areas. At the moment there is no indication of how the new rules will apply in Conservation areas and it is possible that Conservation rules will remain the same. Outside of Conservation areas it looks as if fewer garden offices will need planning permission and hence lead times between ordering and building will be 8 to 10 weeks shorter. However, until we see the fine detail we don't know if planning restrictions such as needing planning permission because the office is nearer to a public highway than the main house will be lifted. In short, we have never had a problem getting planning permission for a garden office, but this new ruling should in many situations reduce the client's frustration of having to wait so long for their building." For details of InsideOut Buildings: The Garden Office click here.

Key changes to planning permission

Will it soon be easier to build a garden office/shed? As reported everywhere including here in The Times by Jill Sherman, if you own your home, it will be easier to build extensions and convert your loft without planning permission as the government plans to make the whole planning process easier and faster. There's no specific mention about garden offices and I'll press them to find out if they'll be affected too. As Sherman says: "At present homeowners have to pay up to £1,000, including drawings, to obtain planning permission for minor alterations which can take between eight and sixteen weeks. Permission is needed for solar panels, satellite dishes, wind turbines, loft conversions, porches and extensions to the back or sides of properties." Apparently of the 350,000 domestic planning applications submitted to local authorities every year, more than 90 per cent are granted immediately.

Sherman continues: "Under the new proposals, to be published in a consultation paper, most home improvement developments will be able to go ahead immediately provided that they comply with height and depth restrictions and meet an 'impact test'. Those owning detached homes will be able to extend the width of their properties by 50 per cent without planning permission. They will be able to build out at the back by four metres and up to the height of the roof. They will also have much more flexibility to build garages and bike sheds in their gardens. The planning White Paper will also allow councils to fast-track small domestic and commercial extensions, unless they are proposing a change of use."

Art gallery in a (cow) shed

Near my old stomping ground of York, the Telegraph reports on a smart new art space, The Lund Gallery. Two years ago it was a disused cow shed, now it is a gallery space for paintings and ceramics run by local artist Debbie Loane. Apparently planning permission was a problem until Debbie and her husband (a chocolate physicist) took on a planning consultancy specialising in the conversion of agricultural buildings for alternative use. The gallery shed was a 19th century brick milking parlour which was in good condition.Click here to go toThe Lund Gallery.

Enterprise Nation podcast

The latest of Enterprise Nation's always excellent fortnightly podcasts is now available at their web site here. It not only includes work/life guru Tim Dwelly talking about planning permission for home offices but also comments from me about the delights of homeworking and skype from EN's new community channel which is starting to grow nicely.

McCartney planning permission saga at an end?

We’ve been following with interest on this blog Sir Paul McCartney’s run-in with local planning authorities. As reported on the BBC’s web site here, he will be allowed to keep his wildlife viewing pavilion - originally built without planning permission - on his East Sussex estate even though he was told last year to take both this and a wooden lodge down. Planners now seem to have granted permission for the pavilion if the lodge is demolished. So perhaps the moral is that you should build two illegal sheds in the hope that the local council will let you keep one?

Homeworking in your loft

If the idea of a garden office isn't tempting for whatever reason, the possibility of using/converting your loft space will probably be among your first thoughts if you're considering homeworking. An excellent rundown of points to consider by Mark Brinkley at the Homebuilding Show site here which looks at:
* Loft conversion suitability assessment
* Loft conversions and planning issues
* Building regulations
* Loft conversion build routes
* Loft conversion costs
* Using the roof space in your self build home
* Useful loft conversion contacts
It's worth having a look around the rest of the site too which is really informative and clearly written. There are Homebuilding and Renovating Shows around the country throughout the year - the next one is at the NEC Birmingham 22-25 March 2007.

Choosing a US shed – Modern Cabana

'Not a shed, a living space', says the family-run Modern Cabana of its range of garden offices (though I'll always think of mine as 'the shed'). The Cabana comes as a flat pack - or as they marvellously call it 'designer pre-fab' - and the makers claim it is easy to assemble and requires only basic tools since it was designed to enable two people to install the Cabana over a weekend. The Cabana comes standard with kiln-dried hand-selected lumber, environmentally sensitive sheathing, stainless and galvanized hardware, tempered insulated glass windows set in anodized aluminum frames, polycarbonate translucent panels and tough enamel coated steel for rust prevention. Other options include: Roof Insulation Kit; Custom Polygal Windows; Polyshade Low-E Window Panels; French Doors; and Floor Insulation.

On the issue of planning permission, they add that generally a Modern Cabana does not need building permits since most communities in North America allow homeowners to incorporate a freestanding accessory structure as an addition to their property of up to 140 sq. feet without a building permit.

Garden office plannng permission - a supplier's view

Lynn Fotheringham of garden office suppliers InsideOut Buildings (one of our listed suppliers in the lefthand column) was kind enough to send her thoughts on the issue of planning permission to this site following yesterday's post. They cover the main questions that her clients regularly ask before purchasing a garden building. Her comments are below:

Further to your concerns about planning permission for garden buildings you may find the FAQ's below useful. Also, any building used for human occupation such as an office,[but not a greenhouse or unheated workshop] with a floor space of between 15sq metres and 30sq metres, if positioned within a metre of the garden boundary also needs a full building regulations application to bring it up to the correct standards of insulation, double glazing, fireproofing etc. Any such building of more than 30sq metres needs building regulations whatever its position.There is a lot of mis-information availabwel on the internet about garden buildings and their regulation.

Puzzled By Planning Permission for Garden Offices? Here Are The Answers To The Top Ten FAQ.

1. “What type of garden building can I build without planning permission?” Many types of garden buildings, including garden offices, sheds and greenhouses don’t need planning permission under normal circumstances. However there are situations where an office in the garden, a summerhouse, pool house or even a shed needs planning permission.

2. “Under what circumstances will my office or other garden building need planning permission?” It will need PP if it falls into one or more of the following categories: - A. If you live in an AONB, Conservation Area, National Park, Norfolk Broads or a listed building you will need PP for any structure with a volume greater than 10 cubic metres. B. The building is for other than domestic use. For example, you may not need planning permission for a personal home office, but if you want an office in which you intend to employ other people you may need PP. c. If the building has a monopitch roof and is more than 3m high or a ridged roof and is more than 4m high. D. If your garden building is within 20 metres of a highway or footpath and closer to that highway or footpath than your house is. Typically this situation occurs if you live on a corner or have a lane or footpath running past the bottom of your garden. E. If more than 50% of your garden will be covered with outbuildings.

3. “I thought garden buildings were temporary buildings and hence didn’t need planning permission?” A temporary building is a building that would be in one place for less than 28 days.

4. “I thought small building such as sheds or garden offices never needed planning permission?” Planning permission is less about building size or type and more about location. See point 2, above.

5. “I think my garden building may need planning permission. Where can I get further advice?” Help and advice is available from three sources: - 1)Your local planning dept. 2)An architect. 3) A planning consultant.

6. “The company supplying me with my garden office building assures me that it will be OK if I don’t bother about planning permission. Is their word enough?” It is your responsibility as the householder to find out if PP is needed. A reputable company should be willing to make a planning application on your behalf, as part of their service.

7. “What will happen if I don’t get the correct permissions for my garden building?” Your local planning department has the power to order you to take the building down or halt the construction until PP has been obtained. A building without the appropriate permissions could cause problems if you want to sell your house.

8. “If I have to apply for planning permission will I get it?” Each case is considered on it’s own merits, but over 80% of all planning applications are approved.

9. “How long does it take to get planning permission?” All planning departments aim to determine your application within 8 weeks.

10. “ Will I have to employ a professional to fill in my application form?” Planning departments accept planning applications from householders. The Householder application form is straightforward and your planning dept. will advise you on filling it in.

Woodland sheds - planning permission

There are two useful pieces on the always thorny issue of woodlands and planning permission at the woods4sale web site. The first is Woodlands and planning legislation by Lucy Nichol, Lecturer in Planning Policy at Oxford University, a basic guide to the law on forestry buildings and woodland development. She writes in her introduction: "Planning controls over forestry are fairly simple on the face of it. Planning permission is not required for forestry work (except where there is a Tree Preservation Order) and may not be needed for buildings or uses of land necessary for forestry. However, planning permission is always required for non-forestry uses of land, buildings or any other form of development."

The second is Woodlands and the planning system by Rhys Roberts, Cynefin Consultants, Bangor, Gwynedd, an informal guide to the planning system in the UK and how it effects the forestry industry. "It cannot be stressed enough," he writes, "that if you are intending to undertake a development within a woodland that you think may require planning permission, contact your local council's planning department as early as possible to confirm what the appropriate policies and procedures are for the development that you have in mind. It's a lot cheaper to have an early "no" than to be forced to pull down an unauthorised building!"

Shed/garden office planning permission

Whether you need planning permission for your garden office is always a murky area (see previous posts). A recent example as reported on icberkshire.co.uk under the headline Shock as shed is deemed 'harmful' to area's character tells the story of industrial engineer Mike Howard who "was shocked when he was told he needed planning permission for his garden shed" which he uses as an office, store and playroom and now faces the possibility of being forced to pull down the structure worth around £2,500

He said: "I had no idea we needed planning permission. There are other sheds and structures just as large here and they haven't had planning permission. But it seems it is all right until someone complains, and in my case someone did."

Mike's appeal against West Berkshire Council's refusal to give him permission for the shed was turned down - the ruling said the shed/office was built part way up the sloping garden which "gives it a dominant and dis-proportionate appearance" which harmed the character and appearance of the area.

Mike's resonse? "I am not letting it rest here. Apparently development rights on this estate were withdrawn and this is buried in a document dating back to 1990. I will be taking the matter up with my solicitors and the council to see what can be done to avoid having to take the shed down. Surely it is everyone's right to have a garden shed?"