Garden 'improvement' that might 'lead to a visit' as your rights explained

Wales Online

3 days ago

Garden 'improvement' that might 'lead to a visit' as your rights explained
An expert has explained how to get it right
Nobody wants an argument with their neighbour
(Image: Koldunova_Anna via Getty Images )
As the weather heats up again this weekend, countless Brits will be heading out into their gardens. This might also involve working on enhancements such as 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 cautioned that some of these typical garden upgrades could result in hefty fines, or in extreme instances, even a criminal record. Sean Bunyan, head of commercial operations at home improvement specialists Eurocell, explains how to enhance your garden whilst staying within the law and avoiding penalties of up to £20,000.
‌
Understanding permitted development
Before delving into specifics, it's crucial to comprehend the regulations surrounding Permitted Development (PD). PD is a principle in UK planning law that permits homeowners to undertake certain types of home and garden design work without needing to secure planning permission.
‌
There are several strict requirements associated with PD, including height, area, proximity to neighbours, among others.
PD allows for smaller-scale projects that meet specific criteria set out by legislation. However, all projects must adhere to the predefined rules.
Factors such as listed-building status, conservation areas, environmental impact or locations within an Area of Natural Beauty (AONB) can override permitted development rights, necessitating planning permission.
Article continues below
Height restrictions with decking
Composite decking installation has become a popular garden trend of late, but it's important to adhere to certain rules when setting up your new outdoor seating area. As per current regulations, any decking that is 30cm or more above the ground requires planning permission.
The same rule applies if you're planning to install decking that takes up 50% or more of your total outdoor space, be it in the front or back garden. There are also specific building regulations regarding the spacing of railings or balustrades, such as not allowing a sphere of 100mm to pass through the gaps, or ensuring the balustrade is at least 900mm high if there's a drop of 600mm or more.
Neglecting to obtain the necessary planning permission from the council could lead to a substantial fine, or an enforcement notice demanding you to remove or adjust the size of your new deck. Non-compliance with building regulations can result in fines starting from £50 a day, though the severity of the fine can escalate depending on whether you reside in a protected area and the extent of work carried out.
‌
Raising or lowering your garden
For some keen gardeners or landscape designers, the concept of raising or lowering your garden might seem appealing. It can create more space, allow for increased sunlight, or level out a challenging sloped lawn.
However, it's not as straightforward as just bringing in a digger. Changing the landscape of your garden could affect elements like retaining walls, drainage systems, pipework or even your neighbour's property.
It's always advisable to consult with your local planning authority before making any alterations. They typically conduct checks to ensure that any work doesn't increase the risk of flooding or have a negative impact on local ecology.
‌
Building a shed or garden room
Garden rooms can be an excellent way to create additional indoor space outside. They're often used as lounges, offices or play areas, and they can even enhance the value of your property.
In most cases, around 90%, prefabricated garden rooms don't require planning permission. This is because they are 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 situated at least one metre away from any boundaries, you likely won't need planning permission.
‌
However, there can be exceptions to this rule, such as if you're adding a garden room in front of the main front elevation of a house, constructing in a conservation area or installing a garden room on the grounds of a listed building. It's wise to be cautious and confirm whether you'll need planning permission before purchasing a garden room or shed.
If you go ahead without planning permission, and it turns out later that you did need it, you can apply for retrospective approval. The planning officer could require you to then alter your plans, even if you've already completed construction. Obviously, this can be expensive. However, failure to comply with an enforcement notice is a criminal offence and you can face prosecution.
Creating new driveway space
While parking space remains an issue across newer and older residential estates, it could be tempting to simply concrete over any unused garden space you have and create a nice little private parking space for your car.
‌
By law, you can only create a driveway space where there is already a dropped kerb in place. If you don't have a dropped kerb, you'll have to apply for one before committing to any further work. The costs of dropping a kerb can also be a barrier here. Most people can expect to spend between £1,500 and £3,000 on dropping the kerb alone.
The average cost of the licence to drop the kerb is around £300, and you may require the help of a planning consultant, which could cost a few hundred pounds. Add onto that any additional labour and fees and the cost of creating new parking space can be prohibitive.
Garden furniture
(Image: Pexels )
‌
Letting your hedge grow too high
We're all familiar with neighbourly disputes over hedges, but did you know that these are covered under the Anti-Social Behaviour Act 2003? Part 8 of this act stipulates that it's the "homeowner's responsibility to keep their hedges maintained.If a neighbour takes issue, they can lodge a complaint with the local authority. If the local authority determines that the complainant's property has been adversely affected by an overly tall hedge, they can issue a formal notice and impose a fine of up to £1,000.
Failure to erect fencing at the appropriate height
When installing fencing, it's crucial to adhere to legal height restrictions. The maximum permissible height for fencing is two metres, or 6ft 6ins. You can install fencing taller than this limit, but you'll need to secure planning permission first. As always, there are exceptions to the rule. For instance, if your proposed fence faces a road, path, or public bridleway, you'll need planning permission if the fence exceeds one metre in height.
Planning permission is also required if you reside in a conservation area or a listed building. Non-compliance with planning permission can set off a chain of events leading to a fine of £20,000 or more.
‌
Sean Bunyan said: "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.
Article continues below
"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."