Class E PD rights allow for the construction of outbuildings, swimming pools, etc within the curtilage of a dwellinghouse. Such rights can therefore avoid having to go through the planning process and can be financially beneficial. However, PD rights are notoriously complicated and any proposals will need to satisfy the various limitations and conditions.
Before considering whether to utilise Class E PD rights it is therefore important to understand issues such as:
(a) the principal, side and rear elevations of the dwellinghouse – not all dwellinghouses are conventional in their layout and it is not therefore always the case that the principal elevation will front onto a road; and
(b) what constitutes the curtilage of the dwellinghouse – this can be highly complex if the dwellinghouse in question has extensive grounds or does not have a regular type of garden/outdoor space.
Any outbuilding constructed under Class E will also need to be for a ‘purpose incidental to the enjoyment of the dwellinghouse’. This requirement in itself has been the subject of much case law.
Finally, it is also important to note that sites within specially designated areas such as Conservation Areas, National Landscapes or National Parks will also have additional limitations on their use of Class E.
Listed buildings do not benefit from Class E PD rights.
by Paula Churm