Does Your Home Still Have Permitted Development Rights for a Garden Gym? Flats, Converted Houses, Article 4 Directions and Planning Conditions in England

Many garden gym plans rest on one assumption: that an outbuilding falls within permitted development, so no planning application is needed. That assumption depends on the property as much as on the building. This guide sets out, for England, the situations in which the householder rights described by the Planning Portal and the government’s technical guidance do not apply or are restricted, and what to check with the local planning authority before ordering a building. It covers England only; the Planning Portal notes that policy in Wales may differ. It is general information, not planning advice, and the size limits themselves are covered in this site’s guide to permitted development for an outdoor home gym.

What “permitted development” means

The Planning Portal explains that permitted development rights let a person carry out certain types of work without applying for planning permission. The rights derive from a general planning permission granted by Government rather than the local authority. Its general advice is to contact the local planning authority and discuss a proposal before any work begins, because the authority can say whether there is any reason the development may not be permitted.

Flats, maisonettes and some converted homes

The Planning Portal says the permitted development rights that apply to many common projects for houses do not apply to flats, maisonettes or other buildings. Its outbuildings page repeats that the allowances apply to houses and not to flats and maisonettes, converted houses or houses created through certain permitted development rights, or to other buildings. The government’s technical guidance says outbuildings are not permitted under the relevant class where the house was created under the change-of-use rights in Classes M, N, P, PA and Q of Part 3 of Schedule 2 to the General Permitted Development Order. In practice, someone whose home began as a shop, office or agricultural building, or is a flat, needs to confirm the position before assuming any rights.

Designated land

The Planning Portal says that in a conservation area, a National Park, an Area of Outstanding Natural Beauty, a World Heritage Site or the Norfolk or Suffolk Broads, permitted development rights are more restricted, and planning permission is needed for certain work that does not need an application elsewhere. Its outbuildings page adds that on designated land, buildings, enclosures, containers and pools at the side of properties require planning permission, and that in National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the area covered by outbuildings more than 20 metres from the house is limited to 10 square metres. Within the curtilage of a listed building, any outbuilding needs planning permission.

Article 4 directions

The Planning Portal says a local planning authority may have removed some permitted development rights by issuing an “Article 4” direction, which means that a planning application must be submitted for work that normally would not need one. Article 4 directions are made when the character of an area of acknowledged importance would be threatened, and are most common in conservation areas. The Planning Portal adds that a person will probably know if their property is affected, but can check with the local planning authority if unsure.

Rights removed by a planning condition

The government’s technical guidance states that a local planning authority may remove permitted development rights in some or all of its area by issuing an Article 4 direction, or may have removed those rights on the original, or any subsequent, planning permission for the house. Where rights have been removed in either way, it says, a planning application will be needed, and checks should be made with the local planning authority before any development. The Planning Portal’s outbuildings page likewise lists areas where there may be a planning condition, Article 4 direction or other restriction that limits permitted development rights. The planning history of the individual house is therefore the place to look.

What the outbuilding itself must be for

Rights for outbuildings apply to buildings required for a purpose incidental to the enjoyment of the house. The technical guidance says this would not cover normal residential uses such as separate self-contained accommodation, or use of an outbuilding as a bedroom, bathroom or kitchen. The Planning Portal’s outbuildings page likewise says it does not cover any other change of use of the land or outbuilding. This site’s guide to running sessions from a home gym covers what happens when a gym is used for business.

Other conditions that still apply

Even where rights exist, the government’s guidance says a proposal must meet all the limits and conditions of the relevant class, including height, eaves, position in front of the house and the share of land covered, which the guide linked above sets out.

A short checking sequence

• Confirm the property is a house, and not a flat, maisonette or a home created through change-of-use rights.
• Check whether the site is on designated land or within the curtilage of a listed building.
• Ask the local planning authority whether an Article 4 direction applies, and look at the planning history for conditions removing permitted development rights.
• Check the intended use is incidental to the house, and that the design meets the class limits.
• If certainty is needed, see this site’s guide to the certificate of lawfulness for a garden gym.

Frequently asked questions

Can a local council remove permitted development rights?

Yes. According to the Planning Portal and the government guidance, a local planning authority can do so through an Article 4 direction, or through conditions on a planning permission.

The bottom line

Permitted development rights for a garden gym depend on the type of home, its location, its planning history and the intended use, not just the size of the building. Flats, converted homes, designated land, Article 4 directions and planning conditions can all restrict or remove them, which is why the sources advise contacting the local planning authority before work begins.

Sources

• Planning Portal, “Permitted Development Rights”
• Planning Portal, “Outbuildings: Planning Permission”
• GOV.UK, “Permitted development rights for householders: technical guidance” (published 13 April 2016, last updated 10 September 2019)
• GOV.UK, “Permitted development rights for householders: technical guidance” (full guidance page, updated 10 September 2019)