Shed Planning Permission for Maisonette?

laurathree

Hi all,

Quick Q which I am struggling to find a straight answer for online. I live in a maisonette, in a block of 4 (two upstairs, 2 down), and I want to put in a garden shed. It's large-ish (3m x 3.5m) and will be used primarily as a summerhouse and occasional office for working from home. Our lease (which forbids the use of gramophones in such a way as to be a nuisance...) makes absolutely no mention of needing permission for a shed or outbuilding or anything in the garden.

While all the measurements & specs conform to permitted development regs for a house, apparently I need planning permission for ANYTHING in a maisonette - including painting it or putting down a deck or a patio! Both of these things have already been done and I have no record of planning permission being sought for them.

This seems ridiculous - in our crescent of c.150 maisonettes, I cannot see a single garden without at least one shed or outbuilding in it (most of our gardens overlook each other), and I cannot believe people are getting planning permission for them all. In fact, I have done a planning search and in the last 15 years, only two applications have been made for gardens on our street, both of which were larger brick buildings. Some councils single out maisonettes, and some don't - ours doesn't seem to (London Borough of Hillingdon).

Now, this shed will be in investment (around 2k when it's all painted and built, and with a basic electricity line out there by an electrician), so I want to take no risks in being asked to pull it down. However, to build a garden shed in a large garden, when all my neighbours have them (some larger in smaller gardens) seems madness.

What would you do in my situation?!

prosaver

there you go
https://www.cranegardenbuildings.co.uk/articles/planning-permission-for-garden-buildings

laurathree

Unfortunately that doesn't refer specifically to maisonettes, but thanks!

Davesnave

As you have discovered, planning rules for flats and maisonettes are different and more restrictive from those applicable to houses. Matters are further confused, because in some situations, permitted development rights have been generally withdrawn, due to being Grade 2 listed, conservation area, AONB etc.

It's a complex situation, on top of which you might be expected to need permission from your freeholder, but if your deeds are silent on that, all well and good.

So, while you might legally be expected to apply for planning permission for a shed, in practice, you've noted that few people have. You therefore have to decide whether you'll have certainty by going down the legal route or take a risk, like they did, although many will have acted in ignorance, or the sheds may pre-date current legislation.

It's very similar to the situation I faced when I wanted to erect a commercial sized polytunnel. I decided to get PP because I have one or two difficult neighbours, albeit 100m away from the site, which they can't see from where they live. I paid the £200, or whatever, jumped through the hoops and got it. Cerainty was worth it for me.

However, since then, someone else has built a similar sized tunnel in a more prominent and unsuitable position, and they've got away with it....so far. After 4 years no enforcement will be possible. None will be possible for many of your neighbours' sheds for the same reason. Four year rule.

It's therefore a personal decision. There are no 'Shed Police.' If you think there's no obvious reason for anyone to complain, or if there are no obvious troublemakers, I'd go for it. You can always apply retrospectively, if challenged.

missbiggles1

If you're making enquiries, I wouldn't refer to it as a shed when really it's a garden room/office as the rules may be different.

Davesnave

missbiggles1 wrote: »

If you're making enquiries, I wouldn't refer to it as a shed when really it's a garden room/office as the rules may be different.

For £2k it'll be a more like a shed.....but I think the proper term is 'outbuilding.'

The same height and other restrictions apply, regardless of the nomenclature.

laurathree

Thanks all - lots to think about. I'm thinking we get one that would be well within permitted development for a house, and hope for the best. Although I may just apply for planning for peace of mind (Im a worrier).

Bewar3them00n

I’m in a similar situation to the OP, owning the freehold and a quarter share of the leasehold between 4, with 3 other Maisonette owners, who all own their own gardens, which are not overlooked by each other.
I’ve recently had the pre existing shed knocked down and I am about to start on an office shed of slightly bigger size (3.5m x 2m approx) or I was, until I read about the criteria for flats/Maisonettes being different!
All the other owners have sheds ( some have 2) and one has recently built a large shed workshop in his to house his motorbikes.
I am planning to keep it within the criteria for not requiring planning permission for a house, but as I’m already spending the best part of £2000 on applications and cost of lowering a curb, for a driveway and garden refurb which has cost £7000, I don’t really want to give anymore money to the money grabbing council! But knowing my luck they will see any work on the shed when they come to inspect the driveway and lower the curb, so I can see I’m going to have to fork out another £170+ !!