Planning Applications for Garden Rooms

Garden rooms are outbuildings and so most will not require planning permission as they can be constructed under your permitted development rights. But some will require planning permission and it is important that you gain this before proceeding with your project.

If you require planning permission and proceed without it, you may later be forced to demolish your building. While it is sometimes possible to gain retrospective planning permission, you cannot rely on your application being successful.

So, why might you require planning permission, how do you apply and how long could the process take?

Why do some garden rooms need planning permission?

Most garden rooms are considered permitted developments but there are limitations as to what you can build, where you can build it and what you can use the building for. The rules are somewhat complex, and it is important that you acquaint yourself with them before proceeding with your garden room.

Our guide to permitted development provides the information you need to decide whether you may require planning permission for your project. We are also happy to discuss your project with you and advise whether or not planning permission is needed.

There are several reasons why your proposed building could fall outside of your permitted development rights. These include:

• Your building is higher than permitted: you may require additional head room if your building is be used as a gym or to display large works of art.
• Your building is larger than permitted: There are restrictions as to the proportion of ground that can be covered by outbuildings under permitted development rights. For this reason, smaller gardens and/or those with existing outbuildings could mean that even a modestly sized garden room would require planning permission.
• The location of your building: There are restrictions as to where on your property you can locate an outbuilding.
• The purpose of your building: Self-contained accommodation (e.g. a “granny annex” or guest suite) and garden rooms used for business purposes that involve a significant amount of client visits would usually require planning permission.
• Your proposed building has a veranda: Buildings with balconies or verandas do not fall within permitted development rights.

The nature and location of your property: There are greater restrictions on what you can build if your property is a listed building or it is within a national park, a conservation area or area of outstanding natural beauty.

Would planning permission be granted?
It is important not to be intimidated by the planning process. Your building may fall outside of your permitted development rights but that doesn’t mean that you won’t be granted permission to build it.
The outcome of your planning application will often depend on the impact of your project on your neighbours, the local community, the aesthetics of your property and the environment. It is certainly worth thinking about potential issues prior to making your application.
The most common reasons for planning applications being refused are as follows:

Loss of light: Garden rooms located close to your neighbour’s property could negatively impact their light. If this is the case, planning permission would be refused.

Loss of privacy: If your development impacts the privacy of your neighbour’s (or if neighbours could overlook your development), planning permission would likely be refused.

Aesthetics: Garden rooms that appear out of character with your property or the surrounding area would be considered problematic by planning officers.

Impacts on traffic or parking: If your development would bring additional traffic to the street and/or impact parking pressures, your application could be refused.

Impact on trees: Garden buildings should not negatively affect trees. If your project could damage tree roots or necessitate the removal of trees, your planning application could fail – although this can often be dealt with by getting a tree specialist involved.

Impact on nature conservation: Certain habitats are protected under the Wildlife and Countryside Act 1981.

Impact on environmental health: You may be refused planning permission if your building is to be used for a purpose that would create noise or impact air quality.

Can neighbours object to your plans?
When planning officers receive a planning application, they are legally obliged to consult adjoining neighbours. They may also consult the occupiers of nearby properties. But anybody can comment on a planning application.

A planning officer is responsible for identifying all material planning considerations and then determining whether to grant permission accordingly, regardless of any objections. In other words, a planning decision would likely remain unchanged, even if objections are made. However, a sound objection based on planning grounds could sway a planning officer that is feeling ambivalent about a proposal. Objections tend to be more influential in cases where issues are raised that were previously unknown to the planning officer. Planning officers sometimes won’t visit the property and so can find that they have made incorrect assumptions regarding impacts on neighbours and the environment. Should your application inspire a large number of objections, it could be determined by a planning committee. While such committees will generally adhere to a planning officer’s recommendation, their decisions can be politically motivated and a referral to a committee will result in long delays.

It is certainly worth talking to your neighbours and the local community before making your application, so that you can explain what you propose to do and gauge attitudes to your project. It might be possible to remove or limit objections to your building by exercising diplomacy and showing that you are concerned about your neighbours.