CEDARLODGE PLANNING CONSIDERATIONS

We are not planning consultants but we have sought the assistance of consultants who specialise in this particular area and the following are their comments which we hope you will find helpful.

Cedarlodge Buildings Used for Summerhouses etc 

A specific grant of planning permission is often not needed for garden buildings which are to be used in connection with your personal enjoyment of your house, because they are allowed as ‘permitted development’. This includes many gazebos, garden rooms, home gym or pool buildings, garden storage, garaging and home offices which are sited within the curtilage (garden) of your home.  

As a guide such an outbuilding would be permitted development provided that: 

  • The building is not sited forward of the main elevation of your house 
  • The building is single storey only, with an eaves height not greater than 2.5 metres 
  • If you are installing a building which has a dual pitched roof and its height is not taller than 4 metres. For other roof designs (such as flat or monopitch roofs) the height limit is 3 metres. These maximum heights apply unless the building would be within 2 metres of the boundary, where the maximum height allowable is 2.5 metres. 
  • The total area of ground covered by buildings and extensions is not greater than half of the curtilage (garden). 
  • It does not include any raised platform, balcony or verandah which is more than 30cm high. 

If your property lies within a Conservation Area, Area of Outstanding Natural Beauty, World Heritage Site or National Park, there are two further criteria: 

  • Buildings will generally need to be within 20 metres of the dwellinghouse (up to 10 square metres may be allowed beyond this area), and
  • The building should not be located in the area between the side elevation of the dwelling and the side boundary. 

You should also note that some properties do not benefit from these permitted development rights. These include listed buildings, flats and maisonettes, any dwellings created from buildings previously in other uses via other permitted development rights, and any buildings on land which is not in lawful domestic/garden use.  Planning permission will be required for buildings in all of these instances. 

Permitted development rights for garden buildings can also be removed by planning condition, or through an ‘Article 4 Direction’ served by your Council. Garden buildings in these instances will require planning permission. 

Please note that this is a guide only.  A link to the primary legislation is provided below and the relevant section can be found at Schedule 2, Part 1, Class E.

http://www.legislation.gov.uk/uksi/2015/596/pdfs/uksi_20150596_en.pdf

It is always advised that you check the planning position with your local Council before installing any new development. Most councils offer a ‘do I need planning permission’ service where they can confirm whether your proposal is ‘permitted development’. 

It is important to note that, even if your proposed building does not meet the above criteria that is not necessarily a problem, it just means that you need to apply for planning permission and the process to obtaining consent can often very straightforward.

Cedarlodge Buildings used for Guest Accommodation 

You will not likely require a specific grant of planning permission to install a Cedarlodge to be used for purposes ‘ancillary’ to the main house. This can include use as accommodation for a housekeeper or carer, or a younger family member or as extra accommodation for visiting relatives, friends or senior parents. Please note that use commercially as a wholly separate dwelling or as self-contained holiday let accommodation would require planning permission. 

For such units to be allowed without planning permission; 

  • The siting of the Cedarlodge must be contained within your garden. 
  • The Cedarlodge must meet the legal definition of being a ‘caravan’. The lodges supplied by Cedartree UK meet the tests of being a caravan. 

Incredible as it may seem the Cedarlodge conforms with the definition of a caravan under the Caravan Sites Act 1968.  To do this the lodge must not exceed; 20 metres in length, 6.8 metres in width and have an overall height internally of more than 3.05 metres.  The lodge must also be fit for human habitation and capable of being moved from place to place.  It is an important point out that the lodge does not actually have to be moved and there is no need to demonstrate it is capable of being moved.  It is instead a hypothetical test of mobility and that mobility can just be a few metres within the site and does not have to be movement away from the site.  In addition there is no requirement for the lodge to have wheels. 

However, whilst the siting of the Cedarlodge which meets the definition of a caravan and using it for uses ancillary to the main house, shouldn’t require planning permission the issues involved are ‘matters of fact and degree’ and are legally complicated.  Our advice on such matters would be always to obtain a formal confirmation from the Council that planning permission is not required, by making an application for a Certificate of Lawfulness. Once a Certificate of Lawfulness is issued by the Council, this is definitive and you would have the comfort to purchase and install the timber Cedarlodge.  We can provide further professional planning advice and make an application on your behalf.

Many customers have access problems preventing the Cedarlodge being delivered to site in its completed state.  That is not a problem as the lodge can be supplied in sections and assembled on site without affecting the favourable planning considerations explained above.

Buildings for other purposes including as dwellings, for holiday lets, or in connection with a commercial use such as in connection with a wedding venue, glamping, golf club or in association with equestrian use. 

Such buildings will nearly always require planning permission. Planning applications will be determined on the basis of the local and national planning policies which apply in the particular location. We recommend that professional planning advice is sought in each of these instances, and we can obtain initial professional advice and arrange the submission of a planning application on your behalf.

We would be happy to address any areas in which we may be able to help, but if you would care to approach our planning advisors, that would be the best course