Can i have a garden office

[Ginger]

I wish to build a Garden office (glorified shed, with some power and a desk) I am not running a business from this office, i am employed and can work from home at times.

In my restrictive conenants i have an entry as follows

(16) No temporary buildings or structure of any kind and no hut shed carvan house on wheels or chattel adapted or intended for the use as a living or sleeping apartment or for domestic purpose nor.........

Any help gratefully received, or any more info needed please let me know.

[JustinN]

There are two issues: planning control and restrictive covenants

I will deal with the restrictive covenants in a separate post. As far as planning is concerned, the erection of a shed is normally "permitted development" - IE: planning permission is not required -

Permitted development
E. The provision within the curtilage of a dwellinghouse of 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.

• Development not permitted
  E.1 Development is not permitted by Class E if—
  
  
  • (a) it relates to a dwelling or a satellite antenna;
  
  
  • (b) any part of the building or enclosure to be constructed or provided would be nearer to any highway which bounds the curtilage than—
    
    
    • (i) the part of the original dwellinghouse nearest to that highway, or
    
    
    • (ii) any point 20 metres from that highway,
    whichever is nearer to the highway;
  
  
  • (c) where the building to be constructed or provided would have a cubic content greater than 10 cubic metres, any part of it would be within 5 metres of any part of the dwellinghouse;
  
  
  • (d) the height of that building or enclosure would exceed—
    
    
    • (i) 4 metres, in the case of a building with a ridged roof; or
    
    
    • (ii) 3 metres, in any other case;
  
  
  • (e) the total area of ground covered by buildings or enclosures 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); or
  
  
  • (f) in the case of any article 1(5) land or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a cubic content greater than 10 cubic metres.
    
    
    
    

[JustinN]

Turning to the restrictive covenants, the one you have quoted is in two parts -

(a) No temporary buildings or structure of any kind

(b) no hut shed carvan house on wheels or chattel adapted or intended for the use as a living or sleeping apartment or for domestic purpose

The restrictions in (b) relate to structures used for residential occupation/sleeping, so not a problem for you

As far as (a) is concerned, I would argue that you are creating a permanent building (in so far as anything can be truly permanent), so you should be safe, but that is the most vulnerable area

In any event, enforcing restrictive covenants can be very difficult and, so long as your immediate neighbours have no objections, you are unlikely to run into any difficulties

[Ginger]

Hi JustinN, thank you for the response i understand the plannig permission, and the shed ( garden office) is under 2.5Metres in height, which i believe is the maximum permitted without planning permission, it also located well away from the main house over 30Mtrs away and 2.5M from the neighbours boundary.

[Ginger]

JustinN, In response to the restrictive covenants, could i clarify

Domestic purpose relates to residential occupation / sleeping, could you clarify what is meant by residential occupation please?

Also house in the area (neighbours to be exact) have Sheds, green houses, etc i take it these are treated as temporary buildings or structures, and would therefore come under the same restrcitions is any one was to complain?

Thanks in advance for the help

[JustinN]

The restrictive covenant relating to living in the structure is intended to stop caravans, used as homes, being stationed on the property. You will not be sleeping there, so do not fall within that restriction

The neighbours' sheds, etc, will be no more permanent than your proposed structure so, as you say, they can hardly complain about yours

I hope this helps