Garden Shed - Planning Regulation Query?

[jazzyman]

I live in a social housing property and I recently made a request to my landlord for permission to erect a small wooden garden shed (6'x3') in the rear garden.

A landlord's representative called and stated that garden sheds were to be constructed at a distance of 5 metres of more from the main property building. In my situation the distance is around 4.5 metres, although he didn't see it to be much of a problem.

Today I received a letter from the landlord stating that my application to erect a shed has been granted. However, I need to contact my local council planning & building control dept to obtain planning & building regulations approval. I contacted the planning department who informed me that "a garden shed is exempt if the inside floor measurement is no more than 15 square metres regardless of what it is built of. If the floor area is greater than 15m sq but less than 30m sq internally then it will need one metre clearance around all four sides from any building or boundary before it would require an application to be made."

I have tried to find out more information regarding this regulation of the 5 metre distance rule from the main building, which the landlord informed me of. There appears to be some confusion regarding this regulation, some websites state that this rule only applies to Scotland, other websites state it applies for log cabins. So does anyone know if there is such a regulation? I live in Wales if that makes a difference.

 

[tony1851]

You mis-understand Building Regulations and Planning.

Your shed would not need Building Regulations approval as it is<15 sq m.

It is highly unlikely to need Planning permission either.

I don't know where this 5m rule comes from? - perhaps your landlord's own stipulation?

 

[napoleondynamite]

Whether the shed requires planning permission will come down to:

1. Is the property a single dwelling house, or is the property subdivided in some way (e.g. flats)?

2. Does the property have permitted development rights or where these removed by planning condition when the original permission was granted?

3. Does the proposed shed comply with the restrictions set out in the GPDO? (see Class E http://www.legislation.gov.uk/uksi/...ntal-to-the-enjoyment-of-a-dwellinghouse/made )

The 15m2 restriction is not relevant for planning permission. The only restriction on floorspace for planning purposes is the 50% figure set out in Class E.

 

[^woody^]

The "5m" statement is just your landlord's arbitrary request.

You would not normally need a landlords permission for a garden shed, unless your tenancy agreement states that you do. If the landlord puts conditions on any approval, then they must be justified and reasoned.

I can't see any reason for the 5m distance. If this shed was for a mobility scooter for instance, it would need to be closer to the building.

Their reference to planning and building regulations approvals is just standard text copied into most of these replies, whether it applies or not. It does not in this case.

 

[tony1851]

I can't see any reason for the 5m distance.

I wonder if this 5m thing is a throw-back to the pre-2008 P.D. rules, when an outbuilding had to be at least 5m from the house if it was not to be added to the (then) volume limits for P.D.
Maybe the landlord is just behind the times, and is trying to prevent the (non-existent) possibility of enforcement?

 

[^woody^]

I wonder if this 5m thing is a throw-back to the pre-2008 P.D. rules,

I don't think that the landlord's technician/maintenance surveyor think that deep, or know that much about planning issues - now or then. I suspect some arbitrary rule. I know they like to keep things off the house for access for maintenance, but I can't think what 5m would be for.

 

[jazzyman]

Many thanks for all of the answers.
I will be contacting my local Building Regulations and Planning Dept and the landlord this week to see if I can find what this 5 metre regulation is. I will update when I have news.

 

[tony1851]

Don't waste time asking Building Control or Planning about this 5m thing - they'll be just as confused (though that's their default position anyway).
It's the landlord you need to be speaking with.

 

[jazzyman]

Don't waste time asking about this 5m thing - they'll be just as confused (though that's their default position anyway).
It's the landlord you need to be speaking with.

Because there is a possibility that the landlord may have misinterpreted this regulation or perhaps this is an out of date regulation, I need verification from the Building Control or Planning Dept that there is no such regulation - under the Council's Building/Planning regulations. I don't believe that my landlord will take my word that this regulation does not exist (hopefully).