FAQ'S
Please be aware that the answers to questions as set below are only indicative and do not constitute a full answer to all planning concerns. They are provided as a basic guide for the uninformed to understand their basic rights. All planning applications should be assessed by their own merits and on a case by case basis. We accept no liability for any actions arising from our opinions as detailed below. If you wish for a specific opinion on your site, we would need to to be instructed to do so, upon which we would be able to give you a specific opinion based upon your individual situation
My children are finding it difficult to get on the property ladder. Is it possible to build them a house in my garden so they can have somewhere to live?
A: This is probably the most common question we get asked for this sort of application and was the basis of building this website to refer people to rather than 'treading the same ground' when we speak to clients.
In essence, and subject to many technical caveats, the simple answer in that in most cases we can find a way for a second generation to live in an independent unit close by to their parents house, provided that their garden is large enough to accommodate this. Sometimes this is achievable as a standalone new house, sometimes as an ancillary building, sometimes as a log cabin, caravan or other movable unit - however there is usually a way to proceed.
The key word to consider in the question here is 'build'. If you are looking to build a traditional 'bricks and mortar' house in your garden then you will have first comply with planning procedure and then usually to go down one of the following routes:
- A new self contained dwelling that could be sold on the open market and then be utilised independently from the main dwelling. This will almost always require full planning consent and will be tested vigorously against planning policy.
- A residential annex, essentially a new house that is subservient to the main dwelling house for use by friends and family members but cannot be sold off separately to that dwelling house and still be used as an independent residential unit. Whilst these units are often used for studios, offices, gyms, swimming pools etc., they do not always provide the right to live continuously within them, even when subservient to the main dwelling (this has been tested many times at The High Court recently). Often these units are allowable under permitted development rights.
- An extension to an existing dwelling house. This is quite simply an enlargement of you home and does not increase the number of planning units within your site, merely the creation of additional floor space to accommodate who ever you like. An extension is also likely to be undertaken under permitted development rights, subject to size limitations and the like,
If you cannot achieve the above, or are mindful to do so anyway, if undertaken correctly, you can alternatively go down the following routes:
- The siting of a mobile unit. This doesn't matter whether it be a log cabin, park home, caravan, shepherds hut etc., as long as it complies with legislation set out for such units. These can be substantial at times and circumvent the standard planning application procedure by being allowable by statute and rights afforded to householders. In many instances it is difficult to tell these units apart from full residential annexes due to their design. It is with these units that we are encountering a surge in demand due to the relative ease of being sited and the comparatively very low cost of installation and gaining of deemed consent. If you consider that the maximum size allowable is 136 square meters, this equates to that of a comparable 3/4 bedroom house. This site is primarily concerned with the installation of such units.
Do all houses have permitted development rights?
A: No, not all houses have permitted development rights. It is unusual for them to be removed, (by way of a Article 4 Directon or similar), but some houses are also built from the outset with conditions that specifically remove these rights. Mostly this will be dependant on how old your house is, where it is located and the reason for it's construction. This is something we check for all our clients as part of our service when undertaking bespoke builds.
So can I just put a log cabin / mobile unit in my garden without telling the council or applying for permission?
A: In theory, yes - however we would usually recommend against doing so. In order to site a unit lawfully, it would need to comply with all the stipulations as laid out under statute and judicial precedent. Many units that qualify under the rules and regulations can be very expensive, and we would always recommend getting a CLOPUD from the Local Authority prior to siting the unit. This is a relatively cheap and easy process that pays dividends when considering such a scheme. All too often we hear of people that have just sited units at great expense, only for a neighbour to report them, or the council to hear of it, and suddenly an enforcement order arrives because the unit has not been sited correctly. Once a CLOPUD has been issued, there should be no recourse for the Local Authority to enforce against the unit and can give you peace of mind rather than running the risk of non-compliance.
What is a CLOPUD?
A: A CLOPUD (sometimes called CLPUD) is a Certificate of Lawfulness for a Proposed Use or Development. In essence, here this is a legal document issued by the Local Authority relating to whether a proposal is within the boundaries of planning control or not. The CLOPUD is perhaps less well known than its cousin the CLEUD (Certificate of Lawfulness for an Existing Use or Development) which usually deals with erection of buildings or land use which should not have happened (or should have required a planning application in any case), however the time period has lapsed where the Local Authority can enforce, and as such the development is now 'legal'. The CLOPUD follows in a similar vein, however it differs in as much as you are basically saying to the Local Authority 'I am planning on doing this without applying for planning permission, tell me now if you have a problem with it before I proceed.'
This process does not usually involve the parish council or neighbours for consultation, but merely the legal team at the Council advising whether the proposal is something they have control over. If they issue a CLOPUD then, this is a kind of 'deemed consent' for your proposal that is approved by the Council from the outset.
How large can my extension / annex / cabin be?
A: If you are applying as a full planning application, then there is no specific limit as to the size of the unit. These applications are as previously stated vigorously tested. Rules for permitted development are extensive but a good summary for house extensions can be found at Planning Portal: https://ecab.planningportal.co.uk/uploads/miniguides/extensions/Extensions.pdf
If you are applying to site a mobile unit then the rules are much more rigid. In essence we can summarise the restrictions below:
- Maximum Length of 20 meters
- Maximum Width of 6.8 meters
- Maximum height of 3.05 meters
- The unit must be movable in 2 parts or less. (This means not fixed to ground, if you can lift it with forklifts, cranes etc then it is still movable.)
Can I rent out my mobile unit or use it commercially?
A: Commercial use of mobile units sited for ancillary enjoyment of a dwelling is not normally allowable. There are caveats to this, and we have negotiated this with the Local Authority in the past, however the general rule here should be that they are not allowed to be used commercially when sited as a planning exemption. Commercial use should really be subject to a full planning application. It should be pointed out though, that units can be used for home offices and the like, and also that as we are dealing with planning land use, the units could theoretically be used for most commercial uses as for less than 28 days a year.
How do I define my curtilage?
A: This is ultimately the most contentious issue regarding curtilage development. There is no hard and fast rule for defining curtilage in planning terms and each dwellings curtilage must be considered on its own merits. As a very general rule of thumb, if the area is used for your own private enjoyment, is mown, used as gardens, flower beds, parking, vegetable gardens etc then this is likely to fall within the definition of 'curtilage use'. However, the area usually has to adjoin the dwelling and must not be separated from the dwelling by way of enclosure (such as a hedge or fence). If you have a garden outside your house for example, with a swimming pool on the other side of a hedge, the area with the swimming pool is likely to not be curtilage. A road or track is also likely to form a boundary to the limit of your curtilage.
The issue of defining curtilage can be contentious and we take a view on each of our clients site's on a case by case basis using our past cases for comparables and most up do date judicial precedent.
Who can live in ancillary accommodation?
A: The definition of who can live in ancillary accommodation is somewhat ambiguous. We did have CLOPUD application granted by one Local Authority who tried to condition this and provide specific presumption as to the limitations of occupancy. They chose to give reference to The 2004 Housing Act (specifically part 7 Section 258) which relates back to what constitutes a single unit when viewed as a HMO. Whilst we believe the Local Authority was technically incorrect to do this, it does in fact give a starting place for an indication of the types of people that would perhaps be the presumed occupants. Section 258 states:
258 HMOs: persons not forming a single household
(1) This section sets out when persons are to be regarded as not forming a single household for the purposes of section 254.
(2) Persons are to be regarded as not forming a single household unless--
(a) they are all members of the same family, or
(b)t heir circumstances are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.
(3) For the purposes of subsection (2)(a) a person is a member of the same family as another person if--
(a) those persons are married to each other or live together as husband and wife (or in an equivalent relationship in the case of persons of the same sex);
(b) one of them is a relative of the other; or
(c) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.
(4) For those purposes--
(a) a “couple” means two persons who are married to each other or otherwise fall within subsection (3)(a);
(b) “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
(c) a relationship of the half-blood shall be treated as a relationship of the whole blood; and
(d) the stepchild of a person shall be treated as his child.
(5) Regulations under subsection (2)(b) may, in particular, secure that a group of persons are to be regarded as forming a single household only where (as the regulations may require) each member of the group has a prescribed relationship, or at least one of a number of prescribed relationships, to any one or more of the others.
(6) In subsection (5) “prescribed relationship” means any relationship of a description specified in the regulations.
I have been refused planning for a house extension. Is there another option to extend my house or could I put a mobile unit in my garden instead?
A: Ultimately this is a question we would have to look into on a case by case basis. However, the right to site a mobile unit is not revoked because of a failed planning application.
My house is listed, or I am in a conservation area / national park, will this effect my application for a mobile unit?
A: Basically no, not if you are applying for a mobile unit. If you wish to 'construct' a building, then yes these factors come into play. However, for the siting of a mobile unit such as a log cabin, you should be fine. There are exceptions (such as an Article 4 Direction being in effect) but these are very rare.
How important is it to liaise with the case officer? Can you do this as part of your service?
A: It is always important to liaise with the Local Authority with any application. Providing them with sufficient detail to make an informed decision is key to the whole planning process.
My property is subject to restrictive covenants. How will this effect my application?
A: Whether you are applying under permitted development or a CLOPUD, restrictive covenants imposed by previous owners or the like are almost certainly going to override your statutory rights to develop. Ultimately, the question may be whether in is expedient for a third party to try and enforce such issues, however these can involve complicated matters and we would always recommend getting legal advice from a suitably qualified person such as a conveyancing solicitor.
How much will this cost me for professional fees?
A: We have a dedicated team for dealing with all application types. In the case of applications such as new dwellings, house extensions and bespoke design we would always quote on a case by case basis.
Due to the increase in clients wanting mobile units in their gardens, we now have a standard package deal for these at a flat rate of £675 + VAT. This includes producing a planning supporting statement, technical drawings of the location of site and unit, drawing up the planning application, submitting it to the Local Authority on your behalf, monitoring the application through to decision stage and liaising with the Local Authority directly where applicable. This excludes the planning application fee that will be payable to your Local Authority for dealing with the application.
Can I contact you to discuss my situation?
A: Whilst the premise of creating this website was for existing customers to use as a referal tool, we are acutely aware that many other people are using it for reference for their own planning needs. Whilst in principle we are open to help anyone through the somewhat byzantine planning system, please remember we are not a charity, but a busy professional business operating under the Royal Institute of Chartered Surveyors. To this end, if you are not a client of ours, whilst sometimes we may be able to take general enquiry calls, it is usually best to send us an email where we can respond as and when we can. This is not to be evasive, however we must give priority to our paying clients - though of course if you give us instruction to act on your behalf we will always be readily available.
How much will the council charge me for dealing with my application?
A: A schedudle of planning application fees can be found here.
For mobile units used for ancillary purposes within the curtilage of a dwelling the planning application fee would normally be £86.
Which parts of the country / which Local Authorities do you deal with?
A: Whilst we are based in the West Country, we are a national company dealing with all Local Planning Authorities (including all of the National Parks and AONB's) in England.
Owing to the specific nature of our work and the legal framework which we know and utilise, we do not currently accept instructions relating to property located in Scotland, Wales or Ireland.
Please be aware that the answers to questions as set below are only indicative and do not constitute a full answer to all planning concerns. They are provided as a basic guide for the uninformed to understand their basic rights. All planning applications should be assessed by their own merits and on a case by case basis. We accept no liability for any actions arising from our opinions as detailed below. If you wish for a specific opinion on your site, we would need to to be instructed to do so, upon which we would be able to give you a specific opinion based upon your individual situation
My children are finding it difficult to get on the property ladder. Is it possible to build them a house in my garden so they can have somewhere to live?
A: This is probably the most common question we get asked for this sort of application and was the basis of building this website to refer people to rather than 'treading the same ground' when we speak to clients.
In essence, and subject to many technical caveats, the simple answer in that in most cases we can find a way for a second generation to live in an independent unit close by to their parents house, provided that their garden is large enough to accommodate this. Sometimes this is achievable as a standalone new house, sometimes as an ancillary building, sometimes as a log cabin, caravan or other movable unit - however there is usually a way to proceed.
The key word to consider in the question here is 'build'. If you are looking to build a traditional 'bricks and mortar' house in your garden then you will have first comply with planning procedure and then usually to go down one of the following routes:
- A new self contained dwelling that could be sold on the open market and then be utilised independently from the main dwelling. This will almost always require full planning consent and will be tested vigorously against planning policy.
- A residential annex, essentially a new house that is subservient to the main dwelling house for use by friends and family members but cannot be sold off separately to that dwelling house and still be used as an independent residential unit. Whilst these units are often used for studios, offices, gyms, swimming pools etc., they do not always provide the right to live continuously within them, even when subservient to the main dwelling (this has been tested many times at The High Court recently). Often these units are allowable under permitted development rights.
- An extension to an existing dwelling house. This is quite simply an enlargement of you home and does not increase the number of planning units within your site, merely the creation of additional floor space to accommodate who ever you like. An extension is also likely to be undertaken under permitted development rights, subject to size limitations and the like,
If you cannot achieve the above, or are mindful to do so anyway, if undertaken correctly, you can alternatively go down the following routes:
- The siting of a mobile unit. This doesn't matter whether it be a log cabin, park home, caravan, shepherds hut etc., as long as it complies with legislation set out for such units. These can be substantial at times and circumvent the standard planning application procedure by being allowable by statute and rights afforded to householders. In many instances it is difficult to tell these units apart from full residential annexes due to their design. It is with these units that we are encountering a surge in demand due to the relative ease of being sited and the comparatively very low cost of installation and gaining of deemed consent. If you consider that the maximum size allowable is 136 square meters, this equates to that of a comparable 3/4 bedroom house. This site is primarily concerned with the installation of such units.
Do all houses have permitted development rights?
A: No, not all houses have permitted development rights. It is unusual for them to be removed, (by way of a Article 4 Directon or similar), but some houses are also built from the outset with conditions that specifically remove these rights. Mostly this will be dependant on how old your house is, where it is located and the reason for it's construction. This is something we check for all our clients as part of our service when undertaking bespoke builds.
So can I just put a log cabin / mobile unit in my garden without telling the council or applying for permission?
A: In theory, yes - however we would usually recommend against doing so. In order to site a unit lawfully, it would need to comply with all the stipulations as laid out under statute and judicial precedent. Many units that qualify under the rules and regulations can be very expensive, and we would always recommend getting a CLOPUD from the Local Authority prior to siting the unit. This is a relatively cheap and easy process that pays dividends when considering such a scheme. All too often we hear of people that have just sited units at great expense, only for a neighbour to report them, or the council to hear of it, and suddenly an enforcement order arrives because the unit has not been sited correctly. Once a CLOPUD has been issued, there should be no recourse for the Local Authority to enforce against the unit and can give you peace of mind rather than running the risk of non-compliance.
What is a CLOPUD?
A: A CLOPUD (sometimes called CLPUD) is a Certificate of Lawfulness for a Proposed Use or Development. In essence, here this is a legal document issued by the Local Authority relating to whether a proposal is within the boundaries of planning control or not. The CLOPUD is perhaps less well known than its cousin the CLEUD (Certificate of Lawfulness for an Existing Use or Development) which usually deals with erection of buildings or land use which should not have happened (or should have required a planning application in any case), however the time period has lapsed where the Local Authority can enforce, and as such the development is now 'legal'. The CLOPUD follows in a similar vein, however it differs in as much as you are basically saying to the Local Authority 'I am planning on doing this without applying for planning permission, tell me now if you have a problem with it before I proceed.'
This process does not usually involve the parish council or neighbours for consultation, but merely the legal team at the Council advising whether the proposal is something they have control over. If they issue a CLOPUD then, this is a kind of 'deemed consent' for your proposal that is approved by the Council from the outset.
How large can my extension / annex / cabin be?
A: If you are applying as a full planning application, then there is no specific limit as to the size of the unit. These applications are as previously stated vigorously tested. Rules for permitted development are extensive but a good summary for house extensions can be found at Planning Portal: https://ecab.planningportal.co.uk/uploads/miniguides/extensions/Extensions.pdf
If you are applying to site a mobile unit then the rules are much more rigid. In essence we can summarise the restrictions below:
- Maximum Length of 20 meters
- Maximum Width of 6.8 meters
- Maximum height of 3.05 meters
- The unit must be movable in 2 parts or less. (This means not fixed to ground, if you can lift it with forklifts, cranes etc then it is still movable.)
Can I rent out my mobile unit or use it commercially?
A: Commercial use of mobile units sited for ancillary enjoyment of a dwelling is not normally allowable. There are caveats to this, and we have negotiated this with the Local Authority in the past, however the general rule here should be that they are not allowed to be used commercially when sited as a planning exemption. Commercial use should really be subject to a full planning application. It should be pointed out though, that units can be used for home offices and the like, and also that as we are dealing with planning land use, the units could theoretically be used for most commercial uses as for less than 28 days a year.
How do I define my curtilage?
A: This is ultimately the most contentious issue regarding curtilage development. There is no hard and fast rule for defining curtilage in planning terms and each dwellings curtilage must be considered on its own merits. As a very general rule of thumb, if the area is used for your own private enjoyment, is mown, used as gardens, flower beds, parking, vegetable gardens etc then this is likely to fall within the definition of 'curtilage use'. However, the area usually has to adjoin the dwelling and must not be separated from the dwelling by way of enclosure (such as a hedge or fence). If you have a garden outside your house for example, with a swimming pool on the other side of a hedge, the area with the swimming pool is likely to not be curtilage. A road or track is also likely to form a boundary to the limit of your curtilage.
The issue of defining curtilage can be contentious and we take a view on each of our clients site's on a case by case basis using our past cases for comparables and most up do date judicial precedent.
Who can live in ancillary accommodation?
A: The definition of who can live in ancillary accommodation is somewhat ambiguous. We did have CLOPUD application granted by one Local Authority who tried to condition this and provide specific presumption as to the limitations of occupancy. They chose to give reference to The 2004 Housing Act (specifically part 7 Section 258) which relates back to what constitutes a single unit when viewed as a HMO. Whilst we believe the Local Authority was technically incorrect to do this, it does in fact give a starting place for an indication of the types of people that would perhaps be the presumed occupants. Section 258 states:
258 HMOs: persons not forming a single household
(1) This section sets out when persons are to be regarded as not forming a single household for the purposes of section 254.
(2) Persons are to be regarded as not forming a single household unless--
(a) they are all members of the same family, or
(b)t heir circumstances are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.
(3) For the purposes of subsection (2)(a) a person is a member of the same family as another person if--
(a) those persons are married to each other or live together as husband and wife (or in an equivalent relationship in the case of persons of the same sex);
(b) one of them is a relative of the other; or
(c) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.
(4) For those purposes--
(a) a “couple” means two persons who are married to each other or otherwise fall within subsection (3)(a);
(b) “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
(c) a relationship of the half-blood shall be treated as a relationship of the whole blood; and
(d) the stepchild of a person shall be treated as his child.
(5) Regulations under subsection (2)(b) may, in particular, secure that a group of persons are to be regarded as forming a single household only where (as the regulations may require) each member of the group has a prescribed relationship, or at least one of a number of prescribed relationships, to any one or more of the others.
(6) In subsection (5) “prescribed relationship” means any relationship of a description specified in the regulations.
I have been refused planning for a house extension. Is there another option to extend my house or could I put a mobile unit in my garden instead?
A: Ultimately this is a question we would have to look into on a case by case basis. However, the right to site a mobile unit is not revoked because of a failed planning application.
My house is listed, or I am in a conservation area / national park, will this effect my application for a mobile unit?
A: Basically no, not if you are applying for a mobile unit. If you wish to 'construct' a building, then yes these factors come into play. However, for the siting of a mobile unit such as a log cabin, you should be fine. There are exceptions (such as an Article 4 Direction being in effect) but these are very rare.
How important is it to liaise with the case officer? Can you do this as part of your service?
A: It is always important to liaise with the Local Authority with any application. Providing them with sufficient detail to make an informed decision is key to the whole planning process.
My property is subject to restrictive covenants. How will this effect my application?
A: Whether you are applying under permitted development or a CLOPUD, restrictive covenants imposed by previous owners or the like are almost certainly going to override your statutory rights to develop. Ultimately, the question may be whether in is expedient for a third party to try and enforce such issues, however these can involve complicated matters and we would always recommend getting legal advice from a suitably qualified person such as a conveyancing solicitor.
How much will this cost me for professional fees?
A: We have a dedicated team for dealing with all application types. In the case of applications such as new dwellings, house extensions and bespoke design we would always quote on a case by case basis.
Due to the increase in clients wanting mobile units in their gardens, we now have a standard package deal for these at a flat rate of £675 + VAT. This includes producing a planning supporting statement, technical drawings of the location of site and unit, drawing up the planning application, submitting it to the Local Authority on your behalf, monitoring the application through to decision stage and liaising with the Local Authority directly where applicable. This excludes the planning application fee that will be payable to your Local Authority for dealing with the application.
Can I contact you to discuss my situation?
A: Whilst the premise of creating this website was for existing customers to use as a referal tool, we are acutely aware that many other people are using it for reference for their own planning needs. Whilst in principle we are open to help anyone through the somewhat byzantine planning system, please remember we are not a charity, but a busy professional business operating under the Royal Institute of Chartered Surveyors. To this end, if you are not a client of ours, whilst sometimes we may be able to take general enquiry calls, it is usually best to send us an email where we can respond as and when we can. This is not to be evasive, however we must give priority to our paying clients - though of course if you give us instruction to act on your behalf we will always be readily available.
How much will the council charge me for dealing with my application?
A: A schedudle of planning application fees can be found here.
For mobile units used for ancillary purposes within the curtilage of a dwelling the planning application fee would normally be £86.
Which parts of the country / which Local Authorities do you deal with?
A: Whilst we are based in the West Country, we are a national company dealing with all Local Planning Authorities (including all of the National Parks and AONB's) in England.
Owing to the specific nature of our work and the legal framework which we know and utilise, we do not currently accept instructions relating to property located in Scotland, Wales or Ireland.