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Planning Permission
6:18 AM on 23 October 2008

You may be interested to hear of planning issues that have arisen after the construction of a garden in Brighton. The planning department were contacted by a disgruntled neighbour, who was unhappy about the terraces and swimming pool that were built in the new garden. Planning permission has recently changed as far as swimming pools are concerned, so always check your boundary distance before planning a pool now. We built this pool before the change in planning, but have still had to apply for retrospective planning. Also, did you know that you cannot replace more than 20% of  a lawn (in a back garden - this has nothing to do with the new front driveway legislation) with hard landscaping without planning permission? We often take up lawns and replace with hard landscaped areas, and this will certainly affect many of us in the future. Also, any terrace or structure that is built in the back garden that is more than 30cm above the existing ground level also needs planning permission.

I think our project will be okay. We just replaced existing terraces with new, using different materials but the same levels. However, the planning department would not take photographic evidence from the client that the existing terraces were there already! Luckily I had taken an initial level survey and then had drawings showing finished levels and these clearly showed that the levels hadn't changed. Without these, the client would have been told to remove the entire terrace.

I would just say, be careful! You may think that your designs for a garden are all very straightforward, but for any large projects including new terraces, changes in levels and changes in lawn areas, contact the planning department first for their overview of the drawings. It could save a lot of heartache in the future.

 

Louisa Bell from City and Country Gardens.


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Comments (5)
canalturndesigner - 9:10 AM on 18 November 2008  [ message ]
Since my last comment I emailed my local authority and asked the questions about lawn percentages and levels. They acknowledged receipt of email and said that an officer would get back to me. To date, and to no suprise, there has been no response. I've spoken to my landscaper and he hasn't heard of anything like this either. I will post my Local Authority's comments as and when(?) I ever get one.
allscapes - 10:06 PM on 17 November 2008  [ message ]
I just read your blog with unease, I have been landscaping for over 20 years and until recenly never had an issue with back garden landscaping pends on your local authority
some of the designs i have built would probably require planning consent but alas to this day have had no probs..........maybe its de
SharonBrown - 5:54 PM on 17 November 2008  [ message ]
Hi - I looked at the Government's planning portal which says 'Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level. Hwever, significant works of embanking or terracing to support a hard surface might need a planning application.' So no mention of removing more than 20% of lawn. I found this under the Patio and Driveway section but couldn't find anything to do with Swimming Pools at all. Can Louisa shed any light on what these rules are now? Thanks for your assistance. Sharon.
LouisaBell - 6:51 AM on 29 October 2008  [ message ]
Hi Sue. This is as new to us as it is to you. I have been in this business for 16 years, and have never had a garden put in for retrospective planning. We have been to the planning office, read all the relevent literature, which is typically unfathomable, and my advice would be to always apply for planning in the future - just by sending in a set of plans - if you think there is anything remotely contentious, such as removing a lawn entirely or a higher set of levels. It frightened us considerably, even though the clients had applied for full planning to include a house extension and garden work at the same time initially. I must say that this was a very big project, and I know that swimming pools now have new planning laws, but even so, it looks like the smallest garden could be affected if the lawn's coming up. Kind regards Louisa.
canalturndesigner - 3:36 PM on 27 October 2008  [ message ]
Hi Louisa, this is very interesting and I'd like to find out more. I've had a look on the Government's Planning Portal but can't find anything. Has legislation actually been passed and if so do you have the name of the relevant law. I'm involved with front gardens and driveways and know where I am with this new legislation but I must admit I hadn't heard about back gardens. Any further info on where I can read about this would be very helpful.
Thanks Sue



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