Planning

1. Planning Requirements

The link below outlines the situations where no planning is required if the structure is part of the main dwelling, hence the Pod needs to be abutting the house!

2. Other Planning Requirements

EXEMPTED DEVELOPMENT WITHIN THE CURTILAGE OF A HOUSE

The construction, erection or placing within the curtilage of a house of any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure.

Conditions and Limitations

  • No such structure shall be constructed, erected or placed forward of the front wall of a house.
  • The total area of such structures constructed, erected or placed within the curtilage of a house shall not, taken together with any other such structures previously constructed, erected or placed within the said curtilage, exceed 25 square metres.
  • The construction, erection or placing within the curtilage of a house of any such structure shall not reduce the amount of private open space reserved exclusively for the use of the occupants of the house to the rear or to the side of the house to less than 25 square metres.
  • The external finishes of any garage or other structure constructed, erected or placed to the side of a house, and the roof covering where any such structure has a tiled or slated roof, shall conform with those of the house.
  • The height of any such structure shall not exceed, in the case of a building with a tiled or slated pitched roof, 4 metres or, in any other case, 3 metres.
  • The structure shall not be used for human habitation or for the keeping of pigs, poultry, pigeons, ponies or horses, or for any other purpose other than a purpose incidental to the enjoyment of the house as such.

3. Planning Appeals Process

If the Planning Authority receive a written complaint or become aware that unauthorised development may have been, is being or may be carried out, the planning authority must issue a warning letter to the owner or person carrying out the development. The warning letter must issue within 6 weeks of the written complaint (if there is one) being made. Once the letter has issued, the authority has to investigate the matter with a view to deciding whether further action is required. There is a statutory objective to decide this within 12 weeks of the warning letter issuing.

Where the planning authority establishes, having carried out an investigation that unauthorised development is being carried out which is not trivial or minor, and the person carrying out the development not move to remedy the situation (e.g. by removing the offending development or by applying for permission) the planning authority must take further action.

Timescale for Warning Letter Process

Action

Timescale

Written Complaint received by planning authority

Start

Warning letter issued

Within 6 weeks

Response from alleged unauhorised developer

Within a further 4 weeks

Local authority to carry out investigation and decide whether further action is required

Within 12 weeks of issuing the warning letter

Local authority reply to complainant

Within a further 2 weeks (i.e. within 2 weeks of making its decision)

Once a planning authority has decided to pursue enforcement action, an enforcement notice is served on:
  • The person carrying out the development; and (if necessary)
  • The landowner
  •  The person occupying the land (if they are not the owner); and
  • Any other person concerned
An enforcement notice is effective from the date it is served and states the following:
  • Where the development is being carried out without planning permission, that it must cease;
  • Where the development has planning permission but is not being carried out in accordance with it, that it must fully comply with the permission concerned;
  • That certain steps are to be taken within a specified period, including the removal, demolition, or alteration of any structure; the discontinuance of any use of land; or the restoration of the land to its previous state before the unauthorised development began;
  • That where these steps are not taken within the period stated, the person will be guilty of an offence and that the planning authority may enter the land and do the work itself with the cost being recoverable from the person;
  • That other costs involved with taking the enforcement action can be recovered from the person by the authority, e.g. investigation, employee and consultant costs.
The planning authority can take summary proceedings for non-compliance with an Enforcement Notice. The penalties for breaches of the planning law depend on the nature of the offence but if found guilty, result in a criminal prosecution and a fine and/or prison sentence.

Timescale for Warning Letter Process

Action

Written Complaint received by planning authority

Warning letter issued

Response from alleged unauhorised developer

Local authority to carry out investigation and decide whether further action is required

Local Authority reply to complainant

Timescale

Start

Within 6 weeks

Within a further 4 weeks

Within 12 weeks of issuing the warning letter

Within a further 2 weeks (i.e. within 2 weeks of making its decision)