Conservatory Planning Permission
Conservatory Planning Permission and Building Regulations are two different issues in the planning and building of a conservatory and should not be confused even though your Local Authority manage both. Since the changes in 2008, with respect to planning, there is no difference between a single storey solid roof extension, a conservatory, an orangery or a tiled/slate roof garden room.
Whilst it is valuable to be aware of the requirements, a good quality company will be able to deal with all these matters on your behalf, with their specialist knowledge and at a lower cost than through an architect. Richmond Oak carry out approx. 33% of our work on Listed Buildings and over 50% on work in Conservation Areas, National Parks, Green Belt or, Areas of Outstanding Natural Beauty (AONB). We are very familiar with the typical requirements of Conservation work.
Planning Permission – is the Local Authority permission to erect or extend a property, whether it be traditional build, or a glazed extension, such as a conservatory, orangery or garden room. Click here to view full details on 'How to Make a Planning Application'
Building Regulations – where applicable, define how an extension, conservatory, orangery or garden room must be built. BEWARE! Where the building is exempt, other than the requirement for safety, there are no regulations regarding design or specifications for the building work at all and the less scrupulous installer or builder will take advantage of your lack of knowledge.
Properties that have not already been extended often have Permitted Development Rights, although these are not applicable if it is a Listed Building, in a Conservation Area, Green Belt or Area of Outstanding Natural Beauty.
You will find a comprehensive guide to making a Planning Application at the government Planning Portal. Along with an application for Planning Permission you will need to supply a Certificate of Ownership, an Ordnance Survey based Location Plan and a Design and Access Statement. Sometimes there is also a requirement for a flood risk assessment, or archaeological survey. View an interactive archaeological survey map here.
It can be very difficult to obtain Conservatory Planning Permission for conservatories added to Barn Conversions and Flats
We recommend that you try the Interactive Visual Guide for Householders that you can find on the Governments Planning Portal websites:
Click to view excerpt from the Government Website
“THE ENLARGEMENT, IMPROVEMENT OR OTHER ALTERATION OF A DWELLINGHOUSE
These regulations came into force on the 1st October 2008. You will need to satisfy all of the following when considering any development within your residential property.
A. The enlargement, improvement
or other alteration of a dwelling house.
Development not permitted
A.1 Development is not permitted by Class A if—
(a) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwelling house (other than the original dwelling house) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwelling house);
(b) the height of the part of the dwelling house enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwelling house;
(c) the height of the eaves of the part of the dwelling house enlarged, improved or altered would exceed the height of the eaves of the existing dwelling house;
(d) the enlarged part of the dwelling house would extend beyond a wall which—
(i) fronts a highway, and
(ii) forms either the principal elevation or a side elevation of the original dwelling house;
(e) the enlarged part of the dwelling house would have a single storey and—
(i) extend beyond the rear wall of the original dwelling house by:
– more than 4 metres in the case of a detached dwelling house, or
– 3 metres in the case of any other dwelling house, or
NOTE: This rule has been changed for a period of three years from the 30th May 2013 to allow, in many cases, single storey extensions up to 8m on a detached house and 6m on other properties. There are restrictions and you should read the detail on the Planning Portal. This is known as the neighbour consultation scheme.
Click here to download a document detailing the new size limits and the neighbour consultation scheme
(ii) exceed 4 metres in height;
We suggest you view the Visual Conservatory Mini Guide on the Planning Portal
(f) the enlarged part of the dwelling house would have more than one storey and—
(i) extend beyond the rear wall of the original dwelling house by more than 3 metres, or
(ii) be within 7 metres of any boundary of the curtilage of the dwelling house opposite the rear wall of the dwelling house;
(g) the enlarged part of the dwelling house would be within 2 metres of the boundary of the curtilage of the dwelling house, and the height of the eaves of the enlarged part would exceed 3 metres;
(h) the enlarged part of the dwelling house would extend beyond a wall forming a side elevation of the original dwelling house, and would—
(i) exceed 4 metres in height,
(ii) have more than one storey, or
(ii) have a width greater than half the width of the original dwelling house; or
it would consist of or include—
(i) the construction or provision of a veranda, balcony or raised platform,
(ii) the installation, alteration or replacement of a microwave antenna,
(iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or
(iv) an alteration to any part of the roof of the dwelling house.
A.2 In the case of a dwelling house on article 1(5) land, development is not permitted by Class A if—
(a) it would consist of or include the cladding of any part of the exterior of the dwelling house with stone, artificial stone, pebble dash, render, timber, plastic or tiles;
(b) the enlarged part of the dwelling house would extend beyond a wall forming a side elevation of the original dwelling house; or
(c) the enlarged part of the dwelling house would have more than one storey and extend beyond the rear wall of the original dwelling house.
A.3 Development is permitted by Class A subject to the following conditions—
(a) the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwelling house;
(b) any upper-floor window located in a wall or roof slope forming a side elevation of the dwelling house shall be—
(i) obscure-glazed, and
(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed: and
(c) where the enlarged part of the dwelling house has more than one storey, the roof pitch of the enlarged part shall, so far as practicable, be the same as the roof pitch of the original dwelling house.
PROVISION WITHIN THE CURTILAGE OF A DWELLINGHOUSE
E. The provision within the curtilage of the dwelling house of—
(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house 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.
Development not permitted
E.1 Development is not permitted by Class E if—
(a) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwelling house) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwelling house);
(b) 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 dwelling house;
(c) the building would have more than one storey;
(d) 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 dwelling house, or
(iii) 3 metres in any other case;
(e) the height of the eaves of the building would exceed 2.5 metres;
(f) the building, enclosure, pool or container would be situated within the curtilage of a listed building;
(g) it would include the construction or provision of a veranda, balcony or raised platform;
(h) it relates to a dwelling or a microwave antenna; or
(i) the capacity of the container would exceed 3,500 litres.
E.2 In the case of any land within the curtilage of the dwelling house which is within—
(a) a World Heritage Site,
(b) a National Park,
(c) an area of outstanding natural beauty, or
(d) the Broads,
development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwelling house would exceed 10 square metres.
E.3 In the case of any land within the curtilage of the dwelling house which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwelling house.
Interpretation of Class E
E.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwelling house as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwelling house.
“ORIGINAL DWELLINGHOUSE” – means the house as originally built, or as it was on the 1st July 1948.
Check that previous owners have not already altered the house.
ARTICLE 1(5) LAND – includes land within:
(a) a National Park;
(b) an Area of Outstanding Natural Beauty;
(c) an area designated by a local planning authority as a Conservation Area under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(d) an area specified by the Secretary of State and the Minister of Agriculture, Fisheries and Food for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside)
(e) the Norfolk and Suffolk Broads; and
(f) a World Heritage Site.
To summarise, where your property has its permitted development rights intact, you are able to add a single storey extension up to 3m to the rear of the original wall of your existing property if it is semi-detached or terraced, or 4m if detached. Alternatively you may extend up to 50% of the width at the side. These sizes can be increased up until the 30th May 2019 under the Neighbour Consultation scheme.
For a period of six years from the 30th May 2013 until the 30th May 2019, the government has extended permitted development rights under the Neighbour Consultation scheme.
Under this scheme, you may complete a simple application which will be notified to each of the neighbours with boundaries to your property and if no-one objects within 21 days, you may continue to build your extension. The increased size limitations are up to 6m projection on a semi-detached or terraced house, or 8m on a detached house. For more details click here.
Planning Permission for Newer Properties
If you live in a newer property your permitted development rights may have been removed by your Local Authority issuing an Article 4 Direction.
This will mean that you need to apply for planning permission to carry out the work that would otherwise have been permitted without consent. You should contact your Local Council for more information about this and whether this applies to your home
Listed Building Consent
If you live in a listed building and wish to add a conservatory to it, you must obtain Listed Buildings Consent before construction starts. It is a criminal offence to carry out work that requires Listed Building Consent before this has been given.
A listed building is a building of special architectural or historic interest, included on a national list compiled by English Heritage.
Applying for Listed Building Consent
Step One: Contact your local council before you make an application. You can discuss your proposed application with the planning officer and get some indication as to whether or not your proposal is likely to be accepted.
This is certainly cheaper than making a full application and you may get some advice as to how a full application may be viewed more favourably.
Step Two: If you haven’t done so already, ask your architect, conservatory designer or installer, for their ideas about how to make your application more acceptable. Working with someone who has been through the process several times before and who knows how to answer, negotiate and overcome objections can save you time and money in the long run.
Designs in keeping with the style of your home using similar materials often have the best chance of being approved. Wood and glass conservatories are considerably more acceptable than plastic and polycarbonate erections, which will always be rejected! Being indigenous, oak framed structures are looked on favourably.
Step Three: Ask your local authority for the forms you need for making an application. This will need to show clearly what you intend to do and should be accompanied with detailed plans and photographs.
In most cases the local authority will deal with the application, but more important cases may be referred to English Heritage and sometimes to the Secretary of State for the Environment, Transport and the Regions.
How Long Will This Take?
It can take from eight to twelve weeks after sending in your application for a decision to be sent to you.
If consent is denied you have six months during which you can appeal to the Department of the Environment, Transport and the Regions.
Conservatories in Conservation Areas
A conservation area is an area of special architectural or historic interest. They are designated by local authorities to help preserve and enhance the character and appearance of the area.
Once an area has been given conservation area status, it does not mean that everything should be preserved exactly. It’s the character of the area that is most important. So if you are restoring an old conservatory, it will usually have to be done in the style of what was there previously, using acceptable materials; and if you are building a new conservatory it should be built in a way that does not harm the area’s special character.
A planning application for a conservatory in a conservation area normally needs to be made in detail, rather than in outline so that the full impact can be taken into account before a decision is taken. With a few exceptions, in a conservation area, a conservatory has to be made in wood and will not be accepted in PVCu.
If you haven’t done so already, take time to read what we have written about applying for planning permission for Listed Buildings and follow the advice there about discussing your plans with Planning Officers and getting the help of architects, designers and installers.
Conservatories in Areas of Outstanding Natural Beauty
Permitted development rights don't exist in an AONB and you need to apply for planning. Click here to view details of permitted development rights
Building a Conservatory on a Barn Conversion
Adding a conservatory as a Barn extension often falls foul of planning regulations and is likely to be objected to. Most local authorities planning policies state that “a barn will be granted planning permission only if it is capable of conversion without significant rebuilding or extension.”
If some years after the original conversion has been made you wish to add a conservatory the same proviso applies.
However, while permission to extend is slim you should check with your local council to find out what they may accept.
If the original conversion was done sympathetically and your planned conservatory is built using local materials you may have a chance of being accepted. Being indigenous, oak is usually the preferred material. The size of the conservatory will also be taken into consideration, so local knowledge and the advice of architects and builders may help you in your application.
Flats, Apartments (Multiple Dwellings) & Conservatory Extensions
Flats and apartments have no automatic right to have a conservatory added and planning permission advice should be sort from an architect or a designer or builder with knowledge about these matters before any work is considered.
Need a little more information?
To help you with your buying decision of your bespoke hardwood conservatory or orangery, we have put together the Richmond Oak Buyers Guide.
"What you need to know when planning to Improve Your Home with a Conservatory or Orangery".