Inquiry About Garden Modifications in a New Build House

Hello everyone,

We recently made an exciting decision to reserve a new build house in England, which features a garden sloped at a gradient of 1:12. As we envision our outdoor space, we are keen on transforming the garden into a more usable and aesthetically pleasing area. Our plan includes terracing the garden to create three distinct flat levels, each serving a unique purpose.

Proposed Garden Design

Our vision for the garden’s layout is as follows:

Patio Area: We aim to construct a spacious patio complete with a retaining wall and steps leading up to the second terrace. This area will serve as an ideal space for outdoor gatherings and relaxation.
Flat Grass Lawn: The second level will be developed into a flat grass area that stretches most of the garden’s length. It will be designed to have a slight slope; one end will be raised while the other will be excavated, creating a balanced and level playing field for children or a serene spot for sunbathing.
Retaining Wall and Screening Trees: At the back of the garden, we envision adding another retaining wall to meet the ground level. In addition to that, we are enthusiastic about planting a line of screening trees along our fence line. These trees will provide privacy by blocking the view of neighboring properties, which is crucial for our enjoyment of the space.

Understanding Planning Restrictions

However, we are currently facing a significant hurdle regarding the feasibility of these plans. We have discovered that our plot is among several that have been designated with “no permitted development” under classes A and E.

Specific Wording of Restrictions

Here’s the exact wording of the restrictions we are dealing with:

"9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and reenacting that Order with or without modification), no enlargement (including side and rear extensions), improvement or other alteration of the dwellinghouses, additions or buildings or enclosures incidental to the enjoyment of the dwellinghouses, or enlargement/alterations to the roofs (including dormer windows) of the dwellinghouses falling within Classes A, B and E as set out below for the respective plots:
No permitted development under Class B – Plots 2, 38 to 45, 51, 52 to 58, 124, 129, 130, 138, 139, 140, 142, 143, 144, 146, 150, 151, 153 and 173 to 179.
No permitted development under Classes A and E – Plots 2, 15, 25, 26, 44 to 49, 63, 138, 144, 145, 151, 153, 155, 159, 161, 163, 165, 167, 171 and 174 to 179.
Reason: Taking into account the significant changes in levels across the site and proposed garden sizes in order to protect neighbouring residential amenity in accordance with the National Planning Policy Framework (2019), Policy CS14 West Berkshire Core Strategy (2006-2026), Policy C3 of the Housing Site Allocations DPD 2006-2026 and guidance contained within the West Berkshire Quality Design SPD and the Shaw cum Donnington Parish Plan."

It appears that the primary restrictions relate to extensions and the addition of outbuildings, including the unfortunate news that we may not be allowed a shed in our garden. Our primary concern now is whether these limitations will prevent us from executing the terracing and other modifications we are planning for the garden itself.

Seeking Advice and Legal Insights

We appreciate any insights, advice, or alternative options that you may suggest regarding our situation. Understanding these legal intricacies can be daunting, and we want to ensure that we are compliant while still achieving our vision for the garden.

How AI Legalese Decoder Can Assist

In navigating the complexities of planning restrictions, tools like the AI Legalese Decoder can be incredibly valuable. This platform can help break down the legal jargon into understandable terms, providing clarity on what the restrictions mean for our specific circumstances. By inputting the relevant sections of the planning documents, we can gain insights into possible alternatives or exceptions that we may not initially be aware of.

Moreover, AI Legalese Decoder can assist in preparing any applications we may need to submit to seek permissions or clarifications regarding our proposed garden alterations. By demystifying legal language and guiding us through the planning process, this tool can empower us to make informed decisions about the future of our garden.

Thank you for your willingness to assist with our inquiry! We look forward to your valuable suggestions.

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