45 Degree rule hillingdon council

jigershah

Hi, we are planning to extend the house on side and rear and would be grateful for any advice or experience on the application of 45 degree rule because if we go strictly by rule, we can not extend our house in rear because one sie of neighbor is on an angle and their property backwall and our backwall are not in one line. theirs is much behind ours because our property is at begining of a culdesac which bends in from road they are in. Unfortunately I am unable to attach a picture somehow. 

Another question is, do I need planning permission to add toilet to an under 30m2 timber structure for gym office at the back of garden? 

Would be grateful for any experience and guidance. 

Many thanks in anticipation. Have a blessed 2022. 

Doozergirl

The 45 degree rule applies to first floor and above and is measured from the centre of the neighbour's window.   I think different councils have differing rules about how far away the extension can be.  Where I live, it used to have to be 21 metres away to be able to build within 45 degrees.    From your description, it sounds like it will affect your ability to build in some way - it often does.  

As for your garden building, you are convoluting Planning Permission and Building Regulations by talking about 30 square metres in relation to planning.   They are different departments with different rules.  

30 square metres is the limit you can build without requiring Building Regulations for your garden room provided that it is more than 1 metre from the boundary.  If you put a toilet in, you will need to apply for and obtain Building Regulations Approval, they will check the actual building of it. 

Planning permission may not be required if you can substantively prove that the building is ancillary to the house - that means that no one can live in it - eg. You would not be able to put a kitchenette in as well without planning as that would clearly make it liveable for someone.  

Every house and every design is different and there are many different rules to negotiate so you have to arrive at your own conclusion,  but there are pages on the Planning Portal for both planning and building control when it comes to outbuildings.  

https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings/2

Section62

Doozergirl said:

Planning permission may not be required if you can substantively prove that the building is ancillary to the house - that means that no one can live in it - eg. You would not be able to put a kitchenette in as well without planning as that would clearly make it liveable for someone.  

Just to add for the OP that this relates to 'permitted development', and not all properties have full permitted development rights - this needs to be checked in the individual circumstances.

Also that Hillingdon is a borough that has a big problem with 'beds in sheds' - so any work which appears to make an outbuilding habitable might come in for active scrutiny.