Shed Permitted Development Rights

[woodstalker]

Anyone know if these have changed? My friend has asked for some help to build a large shed in their field and I have read these rules for domestic sheds:

https://assets.publishing.service.gov.uk/media/5d77afc8e5274a27cdb2c9e9/190910_Tech_Guide_for_publishing.pdf#page41

Technically the field is agricultural and the shed is to park the mini tractor and such like next to where they keep their chickens and large veg garden. It could perhaps be argued either way that this part of the land is now part of their garden or is still a field. PDR for farms says that a new building needs planning permission and refers to the farm as having more than 4 hectares I think (my friends have less than this).

We were thinking of a single pitch roof, it’s close to the boundary so up to 2.5m overall height. I am sure there used to be a square metre limit but now the domestic rules just refer to covering less than 50% of the land. Anyone got a more up to date view?

Thanks in advance.

 

[RogerS]

Don't Building Regs also kick in over a certain square-meterage?

 

[spb]

I am sure there used to be a square metre limit but now the domestic rules just refer to covering less than 50% of the land. Anyone got a more up to date view?

Permitted development for outbuildings is 50% of the original curtilage of the dwelling, and only applies within said curtilage. In your case it sounds like the question is where the local planning authority thinks is the boundary of the residential curtilage. Outside of that the agricultural rules will apply, which are different but apparently are conditional on the farm being 5 hectares or more.

As Roger says, the square metre limit is for the building regs exemption for small non-habitable buildings. That's 15 square metres, or 30 if it's away from a boundary.

 

[JamesHow]

Don't Building Regs also kick in over a certain square-meterage?

30m...

 

[akirk]

you need a change of use for land to move from agricultural to domestic curtilage / garden
so that makes it agricultural, so it needs to follow that route, and as above if under 5 hectares you don’t get the freedom offered there…

 

[Trevanion]

It could perhaps be argued either way that this part of the land is now part of their garden or is still a field.

That all depends on whether it's had a proper survey on it in the past to make clear the boundaries where garden stops and field begins, even so an authority may use land registry documents, OS maps, and even old satellite photography to prove that you have unlawfully extended the curtilage of the "garden" into the field.

As has already been said, with permitted development for agricultural buildings you do need to fulfil the 5-hectare requirement which is a fair bit of land. Domestic permitted development is quite lenient so long as you keep within the guidelines. I believe in most cases, outbuildings up to 30 square metres in size are allowed but this can be affected by the area you are in.

Personally speaking, so long as you don't go ridiculously big and you don't have awkward neighbours, just put something up and plead ignorance and ask for forgiveness later, should it become an issue. Previously, if a building had been erected and no issue had arisen after four years, it would automatically be fine as far as planning is concerned so long as there weren't serious issues with the construction, however recently this has been changed to ten years so a little bit of a longer wait.

 

[RogerS]

And be very careful increasing the size of the land associated with the house. I always thought that any increase in the value of your main home was free from any capital gains tax when you came to sell. Not so. If the land is over an acre then you may be liable to any increase in the value of that land

 

[woodstalker]

thanks all, I will do a bit more research into the agricultural PDR, for land under 5 hectares and see what is allowed.