Conservation area

markyp64

Hi 

Wondered how this works? I bought a house which is in a conservation area. At the same time I bought a small, adjoining plot of land outside the conservation area. Am I able to put a garden room on this plot of land without being subject to any conservation area restrictions? Any thoughts welcome. Thanks

user1977

Probably no conservation area restrictions - but that doesn't mean you won't need planning anyway (what's the current permitted use of the land, if it isn't already the garden for the house?).

sheramber

Depending on what the plot of land is used for.

You may need change of use permission.

You may also need planning permission for the garden room. 

maman

I understand what you're thinking about the summerhouse being technically outside the conservation area but I'd check it out anyway.

We live in a conservation area too and they tend to be a bit less strict on things that can't be seen from the road so that might help. Lots of my neighbours have 'home offices' in their back gardens so that seems acceptable here. 

We had some building work done recently (kitchen extension) and had to go through planning and the conservation officer. I think I'd ask them both for advice in advance on what you're hoping to do.

martindow

It is also possible that the adjoining land will require planning permission to be used as part of your garden if it is currently classified for some other use - agricultural for example.  

GDB2222

If the garden room is attached to the house, and the house is in the conservation area, does it count as an alteration to the house, so subject to restrictions even though it is just outside the area? 

I wonder where to find a 100% reliable answer to that question? Certainly not on a public forum. 

Section62

markyp64 said:

Wondered how this works? I bought a house which is in a conservation area. At the same time I bought a small, adjoining plot of land outside the conservation area. Am I able to put a garden room on this plot of land without being subject to any conservation area restrictions? Any thoughts welcome. Thanks

It depends what you mean by 'conservation area restrictions'.

The main restriction in a conservation area is that some or all permitted development rights are removed - meaning you have to apply for consent for things which might otherwise be permitted development.  This could include outbuildings or similar.

Then there are secondary restrictions on what will and won't be acceptable in the specific conservation area, which are applied when an application is made.  These would usually be set out in the area's character statement.

A garden room is 'development', which needs consent, although in some cases this may be granted already as permitted development.  So in a conservation area consent would be required if the relevant PD rights have been removed.

But the PD rights to put up a garden room-type outbuilding also only apply to the curtilage of a dwelling.

So if the council consider this land to be outside your curtilage (and hence why it is outside the conservation area) then you'll need to apply for planning consent regardless of the conservation area requirements. (but in considering the application the council would have regard to the proximity of the site to the conservation area).

Conversely, if you want the council to treat the additional land as part of your curtilage, then they will probably say it is (now) part of the conservation area, even though it is outside the line on the plan.

(aka 'you can't have it both ways')

TBH an application for a garden room outside the curtilage of a dwelling is likely to be a tough one - depending on the current classification of the land.  The council may view the application as a step towards making the land 'residential' (assuming it isn't already).