Hello – have purchased a house withe a large side and rear garden.

On contacting the council they have advised that the said garden is in the green belt and that my house is deemed to be outside of the cutilage of the local village.

Their is only 4 semis on the 2 adjoining roads where the green belt demarcation has been drawn at the front garden of our propertys – all of the other propertys have the green belt demarcation drawn at the rear garden area’s of the property’s.

My whole property is surrounded by trees – it has allotments to the side and the national forest to the rear.None of my garden is visible to the general public and as so does not have any natural vista or open space so to speak off.

Building a house would not detract from any view – none of the 3 other semi’s have access or any available land to be build. Building in my garden plot would not cause a rush of applications from these 3 semi’s. My next door neighbour has built a 30 X 20 garage workshop at the bottom of his garden , has this set a precedent. I am looking to appeal and hoping to have my plot included in the next local area plan – any advice as part of my appeal would be greatly appreciated.

postcode de11 0tp lyndhurst should you wish to view the area. many thanks.

  • John Inglis

    I’m cautiously optimistic about your chances here.

    Most Green Belt applications boil down to two issues. Land use and loss of ‘openness’. Your garden is probably already considered ‘residential’ so there shouldn’t be too much of an issue there.

    The issue of openness is more tricky but, luckily, there is a loophole that you can use. Permitted development rights allow you to build extensions and outbuildings on half of your curtilage (i.e garden). This way well be how your neighbour got their workshop approved. I suggest you submit a Lawful Development Certificate for a large, low shed that covers half the garden.

    You never have to build the shed, just get the council to acknowledge that you could. Then when you apply for a separate dwelling, you can trade off the volume and footprint of the new house against that of the approved shed. This should overcome the issue of loss of openness.

    I’ve written an article about PD rights and outbuildings, which you can find by searching online for "Studio 425 Outbuildings and Permitted Development".

  • Nigel Lewis

    Sorry John, I would not advocate your route. There is no need to get the council to acknowledge that you can build outbuildings covering half the garden, as that is a fact, unless of course Henry is in a National Park. You could simply refer to the potential to build the outbuildings in the Design Statement. However, applying for imaginary buildings that are ancillary to an existing house is a whole lot different than applying for permission for a real house. For a start any outbuildings would have to be no more than 4m high, which is a lot less than the height of a normal house or bungalow. The outbuildings will not generate additional movements of vehicular traffic. Building imaginary outbuildings would never involve consultations with neighbours, the parish council, highway authorities etc. I therefore believe that neither the local planning authority, or if it came to it, the Planning Inspectorate would hang much weight on the possible existence of imaginary outbuildings.

    I would also not be cautiously optimistic of Henry’s chances, I wouldn’t be so cavalier to build up someone’s hopes whilst having so little information.

    Applying for permission for a house in an area of countryside or greenbelt zoned outside the residential village area is more than likely going to result in a refusal. It is zoned like that for a reason. Any application, as all planning applications are, would be a gamble, only with this application the chances are heavily stacked against Henry.

    Henry, If there is a case for your house, I would start by doing a lot of research. For example, how large is your garden once it is divided up compared to adjoining gardens and how big in relation to the gardens in the other outlying areas of the village? Has anyone else in your planning authority area achieved consent for an additional dwelling in the greenbelt and if so how did they go achieve it? What is the view of neighbours and maybe the parish council to development? What does the actual local plan say about residential development in the countryside? Doing this homework might lead you to decide to abandon the idea before it comes to design. If however you still believe it has a chance, start looking at low key designs that follow the pattern of buildings and use materials common to your area.

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