Response A1345184
Response to request for information
Reference
A1345184
Response date
12 May2021
Request
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, and
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.
Response
The answer to this question is in the legislation. The height of the building is measured from the 'highest ground level immediately adjacent to the building, ..' The enquirer has added the word 'recommended', this is not a recommendation, the legislation specifies where the measurement should be taken from. Yes part b means that if 'any' part of the structure is within 2 metres of the boundary, the height restriction applies.