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Planning permission and garden office pods

Feb 16, 2023 | Blog | 0 comments

Planning Permission and Garden Office Pods: Everything You Need to Know

The Growing Garden Office Trend

Without doubt, working from home in a bespoke garden office is growing fast. It is the fastest growing trend in garden outbuildings.

However, there constantly lies a niggling doubt. Just how ‘legal’ is it to have an office pod built on your property? Prospective owners of an office pod are often ill at ease. The fear of falling foul of planning law is real. An enforcement notice is enough to make many dismiss the idea entirely.

Cutting Through the Confusion

The problem lies in the fact that many of us have listened to advice. Neighbours, family members, or friends claim to know the law. They may have first-hand information regarding planning rules. Yet, the reality is actually quite straightforward.

When considering a garden office room, two distinct routes are available. For the majority of homeowners, these are permitted development and/or a certificate of lawfulness.

Understanding Permitted Development

This relates directly to a piece of legislation. It is otherwise known as Schedule 2, Part 1, Class E. This comes from the Town and Country Planning (General Permitted Development) Order 2015.

The above comes with a set of criteria. This allows for an outbuilding for use incidental to the enjoyment of the main dwelling. In other words, it cannot be used as a home itself. While the terminology may sound complicated, these criteria are very straightforward. They allow planning officials to make clear judgements.

Key Permitted Development Criteria

As part of the Class E requirement, several things must be considered. The first thing is that the dwellinghouse (home) has permission. It must be used as a dwellinghouse. While this might seem fairly obvious for most homeowners, this initial check is important. It prevents additional buildings springing up on property where no lawful home exists.

The next set of criteria considers dimensions. The outbuilding must not cover more than 50% of the total area. This refers to the original curtilage (land around the house). Additionally, the height of the building must comply. It can be no higher than 2.5m if it is within 2 metres of the boundary.

If the structure is further away than 2m, different rules apply. A dual-pitched roof can be as high as 4m. However, the height of the eaves must be no greater than 2.5m.

Additionally, the criteria lays out further requirements. It must be a single storey. It does not include a veranda, balcony, or raised platform.

Permitted Development Summary

To qualify for permitted development, your garden office must meet these requirements:

  • Coverage: No more than 50% of garden area (excluding original house footprint)
  • Height within 2m of boundary: Maximum 2.5m high
  • Height beyond 2m from boundary: Maximum 4m (dual-pitch roof), 3m (flat roof)
  • Eaves height: Maximum 2.5m
  • Single storey only: No balconies, verandas, or raised platforms
  • Incidental use: Must support the main dwelling, not be a separate home
  • No living accommodation: Cannot include sleeping, cooking, or bathroom facilities as primary use

Certificate of Lawfulness Explained

For those property owners in areas that are overlooked by neighbours, this option helps. Where property boundaries are close together, the option of a certificate of lawfulness is useful.

Essentially it allows you to be absolutely certain. The structure does not need planning permission. It lawfully protects you from any changes to planning control in the future. The planning authority can confirm that your proposal is lawful. This falls under section 192 of the Town and Country Planning Act 1990. Relevant amendments also apply.

Benefits of a Certificate of Lawfulness

While it is not a planning application, it provides confirmation. It confirms that your proposal is lawful. Also, any possible impact upon neighbours would not be taken into submission. The character of the area would not be considered either. This is an important point should you have uncooperative neighbours.

A certificate of lawfulness will only follow the criteria of permitted development. It applies to an appropriate outbuilding. In that regard, it does not require any additional planning application criteria. However, the key benefit is clear. Once the certificate has been granted, there is no need to fear. Any planning enforcement concerns generated by neighbours or the local authority are addressed.

Choosing a Compliant Garden Office

So, what should you consider before making the purchase? What matters when selecting a garden office or office pod?

Firstly, consider an organisation that has carefully designed their product. It should meet all of the criteria of permitted development. They should have a record of achieving a certificate of lawfulness for their clients.

My Garden Studio’s Compliant Designs

My Garden Studio has designed our range to perfectly meet the criteria. Our ePod, eSnug, and eLodge models all comply with permitted development requirements.

With galvanised steel bases, the fact that they can be moved is clear. This highlights that they are not intended as permanent dwellings. Better still, at their highest point they remain below 2.5m high. With curved roof designs reducing the height toward the boundary, planning officers observe complete compliance.

Our designs have not only met permitted development criteria. They have also received certificates of lawfulness from London Local Planning Authorities. This provides our customers with complete peace of mind.

Special Considerations and Exceptions

In the case of any land on a World Heritage Site, additional rules apply. National Parks, listed buildings, or areas of outstanding beauty require further permission. Conservation areas may also have additional restrictions.

At all times, it is always advised to seek support or guidance. If you are unsure as to whether your proposal meets the criteria, contact your local planning authority. Alternatively, we can help guide you through the process.

When You Might Need Full Planning Permission

Full planning permission may be required if:

  • Your property is in a conservation area
  • Your home is a listed building
  • You live in a National Park or Area of Outstanding Natural Beauty
  • The garden office exceeds permitted development dimensions
  • You plan to use the space as a separate dwelling
  • Your property has Article 4 Direction restrictions

Take the Worry Out of Planning

Don’t let planning concerns stop you from creating your ideal workspace. With the right design and proper understanding of regulations, installation is straightforward. Our team has extensive experience navigating planning requirements. We can guide you through the entire process.

Ready to discuss your planning-compliant garden office? Get a free quote today. We’ll ensure your garden studio meets all necessary requirements.