With summer in full bloom, many homeowners are looking for ways to improve their gardens – whether that’s adding extra privacy with a new fence or installing a summer house for outdoor entertaining.
However, despite these projects being small, some of them will require planning permission, and failure to do so could result in legal action being taken against you with unlimited fines.
To help you avoid unwanted (and unexpected) charges, we’ve explained the most common outdoor changes that need planning permission, according to legal and gardening experts.
1. Cutting or pruning a protected tree
You might think that any tree in your own garden is fair game to trim or cut down, but according to Joe Pepper, Partner at Bridge McFarland, that is certainly not the case.
You may need consent from the local planning authority if the tree is protected by a Tree Preservation Order (TPO) or stands in a conservation area – otherwise, it could be a criminal offence under the Town and Country Planning Act 1990. This could result in an unlimited fine and the requirement for replacement planting.
"There is another point homeowners often miss: some trees were planted to satisfy a planning condition attached to the property. Removing one of those trees can trigger planning enforcement and if the council serves a notice that is then ignored, prosecution and fines may follow," Joe adds.
"That risk does not always disappear when a property changes hands. If you buy a home where protected trees have already been removed, you may still inherit obligations to replant or deal with an existing breach."
Joe is partner at Bridge McFarland, one of the largest law firms in Lincolnshire. He supports all types of clients from single property deals all the way through to multimillion property developments from conception to conclusion.
2. Installing decking too high
Want to install raised decking more than 30cm above ground level? You may need to get planning permission, warns Joe Pepper. The same will also apply where outbuildings and structures together cover more than 50% of the garden around the house.
"If the work goes ahead without it, the local authority can treat it as a breach of planning control and require the deck to be altered or removed," he says. "There may not be an immediate fine simply because the decking has been built but ignoring an enforcement notice can lead to prosecution and an unlimited fine."
"There are also strict safety standards covering features such as railings and balustrades. Openings between railings must be small enough to stop a 100mm sphere passing through, and any balustrade bordering a drop of at least 600mm must stand a minimum of 900mm high," adds Helen Godsiff, Brand Manager at Eurocell.
Helen Godsiff, 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 specialised in home improvement.
3. Burning garden waste irresponsibly
Burning garden waste can lead to legal action if it becomes a nuisance to neighbours or creates a health risk. With that in mind, Joe Pepper says to avoid putting damp waste, treated timber or plastic on the bonfire.
"Councils have powers under the Environmental Protection Act 1990 to investigate and serve abatement notices and breaching one is a criminal offence," he explains. "If smoke is persistent or particularly serious, a homeowner can face a fine and further penalties if the problem continues."
4. Building a garden room without permission
Garden rooms are a fantastic outdoor feature, but if they exceed the allowed height, footprint, location and proximity to boundaries, or have the wrong intended use, planning permission may be required before it is installed.
"If the structure goes beyond what is allowed for permitted 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 altered or removed," explains Joe Pepper.
If the enforcement notice is ignored, Joe says you could be prosecuted and given an unlimited fine, so it's worth looking into.
Another thing to keep in mind is whether your garden room is built over a public sewer (or too close to one). If that's the case, "consent from the relevant water company may be needed; often by way of a build-over agreement." The same applies to raised decking.
5. Installing a fence too high
When it comes to designing a garden, privacy is often a top priority for homeowners, which is why some people want their fences as tall as possible. However, any fence, wall, or gate above two metres (or one metre if it's next to a highway used by vehicles) may need planning permission.
While Joe Pepper says you'll likely face planning enforcement rather than an immediate penalty, you'll still need to reduce the height or remove it which can be expensive. If you don't comply with these fence rules, you could face an unlimited fine or even prosecution.
Want to check whether your fence is compliant? You’ll need this retractable tape measure in your toolkit.
Joe Pepper concludes, "A quick check with the local planning authority before work starts is usually far cheaper than dealing with enforcement after the event."
Found this helpful? You may also want to read our guide on when you need planning permission for decking and garden wall building regulations.
