Need Planning Permission for Smoking Shelter?
When considering adding a smoking shelter to your property, one of the first questions that comes to mind is often: "Do I need planning permission for a smoking shelter?" In the UK, the answer isn't as simple as a yes or no, as it depends on several factors. This article aims to guide you through the complexities of planning permissions for smoking shelters.
The most crucial starting point is understanding that the Building Regulations and the Town and Country Planning (Use Classes) Order 1987 are the primary pieces of legislation governing these structures. These regulations don't explicitly mention smoking shelters, but their provisions can still be relevant. So, let's dive into the details.
Building Regulations
The Building Regulations set out standards for the design and construction of buildings to ensure the safety and accessibility of those who use them. When it comes to smoking shelters, their application is more about the shelter's size, use, and accessibility than its function as a smoking area.
Size Matters
According to the Building Regulations, if your smoking shelter is less than 15 square metres in floor area, it's typically considered a 'permitted development' and doesn't require express planning permission.
However, this doesn't mean you can build a smoking shelter anywhere on your property. It must comply with various conditions, such as not being forward of the principal elevation of the house, or within 2 metres of the boundary with a road or public footpath without the relevant highway authority's consent.
Accessibility and Safety
Even if your smoking shelter is under 15 square metres, it must still comply with the accessibility standards set out in the Building Regulations. This means it should have level access and be usable by people with disabilities.
Safety is also paramount. The shelter must be fire-resistant and have adequate ventilation. It should also be positioned a safe distance from flammable materials and have an emergency exit route that's clearly marked and kept clear at all times.
Town and Country Planning
While the Building Regulations focus on the construction of the shelter, the Town and Country Planning system is concerned with its impact on the surrounding area and the wider community. Here, too, the size of the shelter and its intended use are crucial factors.
Listed Buildings and Conservation Areas
If your property is located in a conservation area or is a listed building, then even a small smoking shelter might require planning permission. The Planning Department will consider the visual impact of the shelter on the surroundings and whether it would harm the character of the area or the building.
For instance, in a conservation area, the council may seek to preserve the area's appearance by refusing permission for modern-looking shelters. Similarly, in the case of a listed building, any alteration could have a significant impact on its historic fabric and might require permission.
Premises Licence
Another aspect to consider is whether the intended use of the smoking shelter could be classified as 'publicら' This could be the case where the shelter is situated at a business premises, such as a pub or a restaurant, and is open to the public.
If that's the case, the stationary smoking shelter might fall under the definition of 'public rollers inspired' as defined in the Licensing Act 2003. This could mean you'd need a premises licence to install and operate the shelter, though this would depend on local council policies and specific circumstances.
In conclusion, the straightforward answer to "Do I need planning permission for a smoking shelter?" is highly context-dependent. While a small, safe, and accessible shelter might be allowed under 'permitted development' rights, larger shelters and those in conservation areas or associated with listed buildings could require permission. It's always advisable to consult with your local planning department or seek professional advice to ensure you comply with all relevant regulations.
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