With summer coming to an end, many homeowners are looking for ways to improve their gardens – whether it’s adding extra privacy with a new fence or installing a summer house for outdoor entertaining.
However, even though these projects are small, some of them will be needed planning permission, And failure to do so may result in legal action against you with unlimited fines.
To help you avoid unwanted (and unexpected) charges, we’ve explained the most common outdoor alterations that require planning permission, according to legal and gardening experts.
1. To fell or fell a protected tree
You might think that any tree in your own garden is fair game to trim or cutBut according to Joe Pepper, a partner at Bridge McFarlandThat is definitely not the case.
You may need the consent of the local planning authority if the tree is protected by a Tree Preservation Order (TPO) or is in a conservation area – otherwise, it may be a criminal offense under the Town and Country Planning Act 1990. This can result in unlimited fines and the need for replanting.
“There’s another point that landlords often miss: some trees were planted to satisfy planning conditions attached to the property. Removing one of those trees can trigger planning enforcement and, if the council issues a notice that’s ignored, prosecution and fines,” adds Joe.
“That risk doesn’t always disappear when the property changes hands. Even if you buy a home where protected trees have already been removed, you may inherit responsibility for replanting or dealing with existing violations.”
Joe Bridges is a partner at McFarland, one of Lincolnshire’s largest law firms. It supports all types of clients from single property deals to multi-crore property developments from concept to completion.
2. Installing very high decking
want to Install vertical decking More than 30cm above ground level? You may need to get planning permission, if Pepper warns. The same shall apply where outbuildings and structures together cover more than 50% of the garden surrounding the house.
“If work goes ahead without it, the local authority may consider it a breach of planning control and require the deck to be replaced or removed,” he says. “There may not be an immediate penalty because the decking has been built but ignoring the enforcement notice can lead to prosecution and unlimited fines.”
“There are also strict safety standards covering features such as railings and balustrades. Openings between railings must be small enough to prevent a 100mm sphere from passing through and any balustrade with a drop edge of at least 600mm must be at least 900mm high,” adds Helen Godsiff, brand manager. Eurocell.
Helen Godsif, Brand Manager at Eurocell, brings over a decade of experience in the construction and building materials sector, including roles at British Gypsum and Wolseley. For the past five years at Eurocell, she has specialized in home improvement.
3. Irresponsible burning of garden waste
Burn garden waste Legal action can be taken if it becomes a nuisance to neighbors or poses a health risk. With that in mind, Joe Pepper says to avoid putting wet trash, treated wood or plastic on the bonfire.
“Under the Environment Protection Act 1990 the council has the right to investigate and issue abatement notices and breaching this is a criminal offence,” he explains. “If the smoke is persistent or particularly severe, the homeowner may face fines and further penalties if the problem persists.”
4. Building a garden room without permission
Garden Room A wonderful outdoor feature, but if they exceed the permitted height, footprint, location and proximity to boundaries, or are misused, planning permission may be required before installation.
“If the structure goes beyond what is allowed Approved development and no planning permission has been obtained, the council may require a retrospective application and, if permission is not granted, the building may have to be replaced or removed,” explains Joe Pepper.
If an enforcement notice is ignored, Joe says you can be prosecuted and given unlimited fines, so it’s worth checking.
Another thing to consider is whether your garden room is built over (or very close to) a public sewer. If so, “the consent of the relevant water company may be required; often through a build-over agreement.” The same applies to standing decking.
5. Installing a very high fence
When it comes Design a gardenPrivacy is often a top priority for homeowners, which is why some people want their fences as high as possible. However, any fence, wall or gate above two meters (or one meter if adjacent to a highway used by vehicles) may require planning permission.
While Joe Pepper says you’ll face planning enforcement rather than immediate fines, you’ll still need to reduce or remove the height, which can be expensive. If you do not comply with this Fence rulesYou may face unlimited fines or even prosecution.
Want to check if your fence is compliant? You’ll need this retractable tape measure in your toolkit.
“A quick check with the local planning authority before work starts is usually much cheaper than dealing with enforcement after the event,” concludes Joe Pepper.
Found this helpful? You may also want to read our guide When you need planning permission for decking And Rules for building a garden wall.
