Permitted Development Height Question

[charliegolf]

In this guidance...

... Am I right to assume that,

Where a Pent roofed shed is against the boundary
The roof height at the boundary cannot exceed 2.5m (eaves? or total ht?)
But the roof height at the front (if more than 2m from the boundary) can be 3m? Because THAT PART of the building is >2m from the fence?

Thanks.

 

[mrrusty]

No. Don't know where that guidance came from but it disagrees with the usual interpretation of the law. The planning act says:-

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.
The law does not refer to only the part of the building within 2m, and it would be a nonsense if it did.

also https://www.planningportal.co.uk/permission/common-projects/outbuildings/planning-permission

EDIT - I found your reference in Government Wales technical guidance for permitted development and it is indeed exactly what it says. This is not the interpretation in England - Maybe it really is different in Wales!!

https://www.gov.wales/sites/default/files/publications/2018-09/householder-permitted-development-technical-guide.pdf

 

[Notch7]

Don't know where that guidance came from

Scottish PD

 

[freddiemercurystwin]

.

 

[mrrusty]

Scottish PD

No, it's the Welsh PD - OP is in Wales - link to the doc in my post

And for the OP's benefit the English technical guidance specifically says:-

The height of the building, enclosure or container should be measured from the highest
ground level immediately adjacent to the building, enclosure, or container to its highest
point.
The height limit on a ‘dual-pitched roof’ of 4 metres should also be applied to buildings that
have ‘hipped’ roofs (slopes on all four sides).
If any part of the building, container or enclosure is within 2 metres of the boundary of the
curtilage of the house, then the height limit for the total development is restricted to 2.5
metres if it is to be permitted development.

https://assets.publishing.service.gov.uk/media/5d77afc8e5274a27cdb2c9e9/190910_Tech_Guide_for_publishing.pdf

Interestingly I've just referred to the Planning Wales Act 2015 which amends the TACP act, and there is zero mention of any change or amendment to the TACP with reference to height and outbuildings. The difference appears to be solely in the guidance documents.....

 

[blup]

In this guidance...View attachment 334482

... Am I right to assume that,

Where a Pent roofed shed is against the boundary
The roof height at the boundary cannot exceed 2.5m (eaves? or total ht?)
But the roof height at the front (if more than 2m from the boundary) can be 3m? Because THAT PART of the building is >2m from the fence?

Thanks.

From that wording as long as the part within 2 metres of the boundary is2m or less, the rest can be between 2.5 and 4 m depending on the pitch etc. Is that from Welsh guidance? English law is different. Maybe your boundary is on the boundary between England and Wales which would be interesting.

 

[blup]

No. Don't know where that guidance came from but it disagrees with the usual interpretation of the law. The planning act says:-

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.
The law does not refer to only the part of the building within 2m, and it would be a nonsense if it did.

also https://www.planningportal.co.uk/permission/common-projects/outbuildings/planning-permission

EDIT - I found your reference in Government Wales technical guidance for permitted development and it is indeed exactly what it says. This is not the interpretation in England - Maybe it really is different in Wales!!

https://www.gov.wales/sites/default/files/publications/2018-09/householder-permitted-development-technical-guide.pdf

It looks like the quote is guidance only and is drawn from the 1995 GPDO that applies to England and Wales. It says it is not a definitive statement of the law. Would be interesting to know how it's enforced in Wales,

 

[charliegolf]

Scottish PD

Welsh.