Certificate of Lawfulness Secured for a New Garage in Tendring

In 2023, I secured a Certificate of Lawful Development for the erection of a garage at a residential property near Wix, Essex, confirming the works were permitted development and did not require a planning application.

The property had been built as part of a recently approved residential scheme, raising the question of whether permitted development rights for outbuildings remained intact once the new dwellings had been constructed and occupied.

Confirming Permitted Development Rights Under Class E

The key issue was whether the earlier residential consent had removed permitted development rights for new outbuildings, a common condition attached to larger housing schemes.

I reviewed the full planning history of the site, including the original approvals for the residential development itself, and demonstrated that the consent under which the dwelling was built contained no condition restricting Class E of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

This meant the homeowner retained the right to add domestic outbuildings, such as a garage, without a further planning application, provided the proposal met the detailed criteria set out within that class.

I then assessed the proposed garage methodically against every limitation of Class E, including its single storey height, eaves height, siting behind the principal elevation of the dwelling, distance from the curtilage boundary, and the total area of ground already covered by buildings and enclosures.

I worked with the architectural designer to ensure full compliance on each of these points, along with the requirement that the dwellinghouse had not gained its lawful use only by virtue of a change of use permitted development class.

On this basis, the local planning authority granted a Certificate of Lawful Development.

Planning Application Advice

If you're unsure whether your proposed outbuilding needs planning permission, contact me to discuss your project.

Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk

About me

Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.

He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.

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Get in touch for planning advice: Email: andrew@andrewransome.co.uk

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