FOI Disclosure Log

Customer Request Details

12 May 2021

Can the council planning department please document for me where they measure the height of an outbuilding (CLASS E) when it is a) within 2 meters of a boundary & b) on a sloping ground.

 

Supporting information:

Extracts from Section E, Page 43 of Permitted development rights for Householders - Technical Guidance (September 2019) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf

a)     The height of the building, enclosure or container should (recommendation) be measured from the highest ground level immediately adjacent to the building, enclosure, or container to its highest point.

b)    If any (unconditional) part of the building, container or enclosure is within 2 metres of the boundary of the curtilage of the house, then the height limit for the total development is restricted to 2.5 metres if it is to be permitted development.

 

Additional References:

The Town and Country Planning (General Permitted Development) (England) Order 2015

https://www.legislation.gov.uk/uksi/2015/596/schedule/2/made

Class E of part 1 of schedule 2 of the General Permitted Development Order 1995 as amended states outbuildings within 2 metres of a boundary cannot be more than 2.5 metres high.

 

Planning Portal Mini Guide:

https://ecab.planningportal.co.uk/uploads/miniguides/outbuildings/Outbuildings.pdf



East Herts Council Response

08 June 2021

Thank you for your request for information, this has now been processed and the information that we hold is enclosed.

Further to your request I can confirm that East Herts District Council Planning Service would consider any permitted development proposal with full regard to the Town and Country Planning (General Permitted Development) (England) Order 2015 (Schedule 2, Part 1, Class E - - buildings etc incidental to the enjoyment of a dwellinghouse) and the Permitted development rights for householders Technical Guidance 2019 as you refer.

Page 43 of the Technical Guidance specifically refers to the development of an outbuilding under Class E.

Page 6 of the Technical Guidance also provides additional information on height -  

“Height” - references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level. (Note, ground level is the surface of the ground immediately adjacent to the building in question, and would not include any addition laid on top of the ground such as decking. Where ground level is not uniform (for example if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.)

I trust this is of assistance and provides the information requested. 

If you have any queries or complaint about the processing of your request please do not hesitate to contact me.

 

Alternatively for more information on the Freedom of Information Act contact the Information Commissioner at:

Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone 0303 123 1113

https://ico.org.uk/

 

It is important that you include the above FOI reference number on all correspondence related to this request.

 

Thank you for your request.