Our client had constructed a detached timber-framed outbuilding with a dual-pitched slate roof and brick patio in their landscaped rear and side garden. The ground had been excavated on a sloping site to create a level platform for the structure. The site is adjacent to — but not within — the Bursledon Windmill Conservation Area, in an urban edge location within an established residential area and not in the Green Belt.
The ridge height of 4.25m marginally exceeds the 4m permitted development limit under Class E. The footprint is 11.5sqm. The structure replaces a previous brick-built shed and workshop on approximately the same site. Its purpose is a BBQ hut with fixed fireplace and seating area for family gatherings.
Class E permits buildings incidental to the enjoyment of the dwellinghouse, subject to conditions including maximum height limits of 4m for a dual-pitched roof and 3m for any other roof, and a maximum eaves height of 2.5m.
While the replacement of an existing structure on the same footprint may be seen favourably, a material increase in footprint or excavation into the slope may lead the LPA to treat this as development beyond the limits of Class E.
We adopted a dual approach: a Certificate of Lawful Development (CLD) to confirm the outbuilding and patio as permitted development where possible, alongside a retrospective planning application to cover the height exceedance and excavation works. A Design and Access Statement addressed the NPPF (Sections 2 and 12), Eastleigh Local Plan policies DM1 (design), DM12 (heritage), DM13 (transport), and the Quality Places SPD.
The principle of development is supported. The site sits within an established residential area and the outbuilding replaces a former structure in substantially the same position.
The modest footprint, traditional materials and subordinate scale ensure the outbuilding reads as an ancillary garden structure. It does not compete with the host dwelling or detract from the streetscene.
The structure is not visible from the conservation area or any listed buildings. It does not harm the setting or significance of any heritage asset.
Single storey with no overlooking. Well screened by existing boundary vegetation. No adverse impact on neighbouring residential amenity.
No changes to parking or access arrangements. The development has no impact on highway safety.
Approved by Eastleigh Borough Council. The officer confirmed that the structure complements local character and is not visible from the adjacent conservation area. The retrospective permission resolved the height exceedance and excavation works, giving the client full legal certainty.
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