As the frosty winter weather gives way to blooming daffodils and tulips, millions of Brits will be heading out into their gardens to plan for the year ahead.
This could involve enhancements like installing a new composite deck or patio, or paving over the front garden to make room for additional driveway space. However, one home improvement expert has issued a warning that some of these typical garden upgrades could result in a hefty fine, or, in extreme cases, even a criminal record.
Sean Bunyan, head of commercial operations at home improvement specialists Eurocell, explains how to spruce up your garden while staying on the right side of the law and avoiding fines of up to £20,000.
Before delving into the specifics, it’s crucial to grasp the regulations surrounding Permitted Development (PD). PD is a principle in UK planning law that allows homeowners to undertake certain types of home and garden design work without needing to secure planning permission.
Several strict requirements accompany PD, such as height, area, proximity to your neighbours and more. PD permits smaller-scale projects that meet specific criteria set out by legislation. All projects, however, must adhere to the predefined rules.
Factors like listed-building status, conservation areas, impact on the environment or locations within an Area of Natural Beauty (AONB) can override permitted development rights, necessitating planning permission.
Composite decking has become a popular garden feature in recent years, but there are strict rules to follow when installing your new outdoor seating area. Current regulations state that any decking that is 30cm or more off the ground requires planning permission, reports Devon Live.
The same applies if you plan to install decking that takes up 50% or more of your total outdoor space, whether it’s in the front or back garden. There are also building regulations regarding the spacing of railings or balustrades, such as not allowing a sphere of 100mm to pass through the gaps between, or that the balustrade must be at least 900mm high if there is a drop of 600mm or more.
Failure to obtain the correct planning permission from the council could result in a hefty fine, or an enforcement notice requiring you to remove or reduce the size of your new deck. Fines for not following building regulations start at £50 a day, but can increase depending on whether you live in a protected area and the scale of work carried out.
Some keen gardeners or landscape designers might consider raising or lowering their garden. This can create more space, allow for more sunlight, or level out a difficult sloping lawn.
However, it’s not as straightforward as just bringing in a digger. Changing the landscape of your garden could affect things like retaining walls, drainage, pipework or even your neighbour’s property.
It’s always wise to consult with your local planning authority before making any alterations. They’ll often carry out checks to ensure that any work doesn’t increase the risk of flooding or have an adverse effect on local ecology.
Garden rooms can be a fantastic way to create additional indoor space outside. They’re popularly used as lounges, offices or play areas, and they can even boost the value of your home.
In most cases – around 90% – prefabricated garden rooms don’t need any planning permission. This is because they’re designed to comply with building regulations while ensuring that the height falls within Permitted Development.
If the structure is less than 2.4 metres high and is 1 meter away from any boundaries, you probably won’t need planning permission. However, there are some exceptions to this rule, such as if you want to add a garden room in front of the main front elevation of a house, build in a conservation area or put a garden room on the property of a listed building.
It’s always best to double-check whether you’ll need planning permission before buying a garden room or shed. If you proceed without the necessary planning permission and it later transpires that you did need it, you can apply for retrospective approval.
However, this could lead to the planning officer demanding changes to your plans, even if construction is already complete. This could prove costly. Moreover, non-compliance with an enforcement notice is a criminal offence, potentially leading to prosecution.
In light of the ongoing parking space issue across both new and old residential estates, the idea of concreting over unused garden space to create a private parking spot for your car might seem appealing. However, by law, you can only create a driveway where there’s already a dropped kerb in place.
If you don’t have one, you’ll need to apply for one before proceeding with any further work. The costs associated with dropping a kerb can be prohibitive, with most people spending between £1,500 and £3,000 on this alone.
The average cost of the licence to drop the kerb is around £300, and you may also need the assistance of a planning consultant, which could add a few hundred pounds to the bill. When you factor in additional labour and fees, the cost of creating new parking space can quickly escalate.
We’re all familiar with neighbourly disputes over the size or shape of a hedge, but did you know that these are covered under the Anti-Social Behaviour Act 2003?
Part 8 of the act states it’s the “homeowner’s responsibility to keep their hedges maintained. If a neighbour has an issue then they can complain to the local authority. If the local authority finds that the complainant’s property has been negatively impacted by the tall hedge, they can issue a formal notice and a fine of up to £1,000.
When putting up fencing, it’s crucial to consider the legal height limits. The maximum height for fencing is two metres, or 6ft 6ins. You can erect fencing higher than this limit, but you’ll need to get planning permission first. As always, there are some exceptions to the general rule, such as if your proposed fence fronts a road, path, or public bridleway.
In this case, if the fence is over 1 metre tall, you’ll also need planning permission. You’ll also need planning permission if you live in a conservation area or a listed building.
Failure to obtain planning permission can set off a chain of events that could lead to a fine of £20,000 or more. Sean Bunyan commented on the peril of garden development without proper permissions, explaining: “While it might seem unreasonable to find yourself liable to pay a fine for improving your own garden space, rules around planning permission are in place for a reason.
“Nobody wants to be spoiling things for their neighbours, or undertaking risky projects that could cause longer-term issues down the road. That being said, it is perfectly possible to undertake major gardening projects that don’t require planning permission.
“Many garden rooms are built to conform to Permitted Development, and for many people, installing a composite deck below 30cm is no issue at all. Landscaping work can also be undertaken without having any major impact on the rest of the garden or requiring planning permission.
“Regardless of the project being undertaken, it’s important for people to do their research before they commit to starting any work. That way, people can avoid being hit by a hefty fine, or having a visit from the planning officer.”
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