Tennis court removal

Tennis court removal

Do I Need Permission - Ask An Expert I have the opportunity to purchase my next door neighbours tennis court which is fenced and hard surfaced and adjacent to my property.
Would I need planning or building warrant to convert this area to a garden. It would require significant works to remove existing hard stand and fencing. Tennis court is overlooked from all elevations by domestic property.

Many thanks

Jim
Question Posted By – Jim McDougall In Area – East Central Scotland

  1. Do I Need PermissionDo I Need Permission04-28-2014

    Hello Jim.

    The response below would be based on the tennis court would be an extension to your garden i.e. the extended garden would be accessed from your existing garden and that the tennis court is currently a private tennis court (is not open to public etc…)

    The existing use as a tennis court is likely to have been permitted development (did not require planning permission) and would of came under,

    Class 4. (Class of permitted development)

    The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse.

    Development is not permitted by this class within a conservation area or within the cartilage of a listed building.

    Note the erection of any enclosure fencing may of required planning permission.

    The new use your are proposing as a private garden would come under,

    Class 3. (Class of permitted development)

    (1) The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.
    (2) Development is not permitted by this class if—
    (a) It consists of a dwelling or a microwave antenna;
    (b) it consists of the provision, improvement or other alteration of a building or enclosure where as a result any part of such building or enclosure which is to be provided, improved or otherwise altered would be both less than 20 meters from any road which bounds the curtilage and nearer to the road than the part of the original dwellinghouse nearest to it;
    (c) it consists of the provision, improvement or other alteration of a building where the building to be provided, improved or otherwise altered would have a floor area greater than 4 square metres and any part of it would be within 5 meters of any part of the dwellinghouse;
    (d) The height of that building or enclosure would exceed—
    (i) 4 metres, in the case of a building with a ridged roof; or
    (ii) 3 metres, in any other case;
    (e) The total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the cartilage (excluding the ground area of the original dwellinghouse); or 15
    (f) In the case of any land in a conservation area or land within the curtilage of a listed
    building, it would consist of the provision, alteration or improvement of a building with a floor area greater than 4 square metres.
    (3) For the purposes of this class “purpose incidental to the enjoyment of the dwellinghouse” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

    As long as your proposals for the proposal falls within this you would not require planning permission.

    It would be unlikely your would require a building warrant unless your were planning any works to or in the garden that would require a building warrant e.g. large walls or fences, retaining structures or out buildings that would require a warrant.

    Thanks for using Do I Need Permission.

Leave a Reply

Please type the characters of this captcha image in the input box

Please type the characters of this captcha image in the input box