Class E — buildings etc incidental to the enjoyment of a dwellinghouse (outbuildings)

Class E – buildings etc This provides permitted development rights within the curtilage of a house for: (a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or (b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas Class E sets out the rules on permitted development for buildings etc within the curtilage of a house (see page 7). Buildings which are attached to the house are not permitted under Class E (they would be subject to the rules in Class A). Buildings under Class E should be built for purposes incidental to the enjoyment of the house. Paragraph E.4 of Class E indicates that purposes incidental to the enjoyment of the house includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the house. But the rules also allow, subject to the conditions and limitations below, a large range of other buildings on land surrounding a house. Examples could include common buildings such as garden sheds, other storage buildings, garages, and garden decking as long as they can be properly be described as having a purpose incidental to the enjoyment of the house. A purpose incidental to a house would not, however, cover normal residential uses, such as separate self-contained accommodation or the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen. Under Class E, the following limits and conditions apply: E.1 Development is not permitted by Class E if – a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P, PA or Q of Part 3 of this Schedule (change of use) Buildings etc are not permitted where the house was created under the permitted development rights to change use, set out in Classes M, N, P, PA, and Q of Part 3 of Schedule 2 to the Order (see page 4) (b) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse) The total area of ground around the house covered by buildings, enclosures and containers must not exceed 50% of the total area of the curtilage, excluding the original house (see pages 6 and 7). The 50% limit covers all buildings, so will include any existing 42 or proposed new extensions to the original house under Class A of the permitted development rules or that have been granted planning permission, as well as existing and proposed outbuildings. It will exclude the area covered by the original house, but will include any separate detached buildings even where they were built prior to 1948 or if the house was built after that date, built when the house itself was built (for example a detached garage). (c) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse Development is not permitted under Class E in any area in front of the principal elevation of a house. It also prevents permitted development anywhere in front of a hypothetical line drawn through the principal elevation to the side boundary of the land surrounding the house. Principal elevation has the meaning set out in the ‘General Issues’ section of this document (see page 7). For example: Original house These developments would not be permitted development under Class E Any building etc between this line and the highway will require an application for planning permission Boundary of property Highway Where the principal elevation comprises more than one wall facing in the same direction, all such walls will form part of the principal elevation and the line for determining what constitutes ‘extends beyond a wall’ will follow these walls: Any building etc between this line and the highway will not be permitted development and will require an application for planning permission Highway Principal elevation Walls forming principal elevation 43 (d) the building would have more than a single storey Any buildings within the curtilage can only have one storey. Buildings with more than one storey are not permitted development and will require an application for planning permission. (e) the height of the building, enclosure or container would exceed - (i) 4 metres in the case of a building with a dual-pitched roof, (ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or (iii) 3 metres in any other case The height of the building, enclosure or container should be measured from the highest ground level immediately adjacent to the building, enclosure, or container to its highest point. The height limit on a ‘dual-pitched roof’ of 4 metres should also be applied to buildings that have ‘hipped’ roofs (slopes on all four sides). If any part of the building, container or enclosure is within 2 metres of the boundary of the curtilage of the house, then the height limit for the total development is restricted to 2.5 metres if it is to be permitted development. (f) the height of the eaves of the building would exceed 2.5 metres The eaves of a building will be the point where the lowest point of a roof slope, or a flat roof, meets the outside wall of the building. The Guidance on Class A (d) above includes examples and further guidance (see page 12). Under Class E the maximum height of the eaves on any part of the building (irrespective of total height) is 2.5 metres. For example, on a building with a single-pitched roof, the 2.5 metres eaves limit and 3 metres maximum height limit would be as shown below. Maximum eaves height of 2.5m Maximum height of 3m 44 (g) the building, enclosure, pool or container would be situated within the curtilage of a listed building An application for planning permission will be required for any building, enclosure, pool or container that would be situated on land surrounding a listed building. (h) it would include the construction or provision of a verandah, balcony or raised platform Verandahs, balconies and raised platforms are not permitted development under Class E. ‘Verandah’and balcony’ can be understood as set out on page 29. A raised platform is defined in the ‘General Issues’ section of this document, as any platform that has a height of more than 0.3 metres (see page 6). Garden decking will therefore be permitted development under Class E subject to it not exceeding this 0.3m height limit and subject to the other limits and conditions under this Class. (i) it relates to a dwelling or a microwave antenna Class E covers buildings that are for a purpose incidental to a house. Class E does not provide permitted development rights for worksPD technical guidance, Class E · official source →