Do you need planning permission for a patio in Hartlepool?

The national starting point

Householders in England have "permitted development" rights that allow some work without a planning application. For patios, the Planning Portal sets out the position:

• Back gardens. A patio or other hard surface at or near ground level does not normally need planning permission, whatever its size.
• Raised areas. Decking or a platform more than 30cm above the ground needs planning permission, as does one covering more than half the garden with other extensions and outbuildings, or one forward of the front of the house.
• Front gardens. Laying more than five square metres of impermeable paving in a front garden, where the water runs onto the road, needs permission. Permeable paving, or paving that drains to a lawn or border, does not.
• Ground levels. Significant raising or lowering of the ground, for example to level a steep plot, can need permission in its own right.

These rights apply to houses. Flats and maisonettes do not have the same rights, so owners of flats, which make up a large share of homes on the Headland, should check with the council before any outside work.

Raised patios on sloping plots

The 30cm limit catches people out more than any other rule. In Elwick and parts of the Park area, some gardens fall away from the house, and building a level terrace can quickly lift the far edge above 30cm. We usually design around it by cutting into the slope, adding steps, or splitting the patio into two levels joined by a short flight. Our garden paths and steps page shows how.

Hartlepool's eight conservation areas

Hartlepool Borough Council lists eight conservation areas, each with its own character:

• Church Street
• Elwick, the village around its long green
• Greatham, the old village with its medieval hospital and 22 listed buildings and structures
• Grange, a period suburb where red brick is key to the character, according to the council's appraisal
• Park, the Victorian and Edwardian villas around Ward Jackson Park
• Seaton, the historic centre of Seaton Carew around The Green
• Stranton
• Headland, the old town on the peninsula, with 37 listed buildings and structures

In a conservation area, a ground-level back-garden patio is normally still permitted development. The differences come with demolition, front boundaries, trees and, in some areas, extra controls called Article 4 Directions.

Article 4 Directions in Hartlepool

An Article 4 Direction removes some permitted development rights so that the council can manage small changes that, added together, wear away an area's character.

• Grange. The council's character appraisal explains that an Article 4(2) Direction has covered the Grange Conservation Area since it was designated in 2004. It brings works such as hard surfacing and building or demolishing garden boundaries under planning control, but only where the works front a highway or open space. So new paving in a front garden, or a new front wall, needs permission. A back-garden patio not facing a road or open space is unaffected.
• Elwick. The Elwick appraisal records an Article 4 Direction made in 1979 that applies mostly to homes facing The Green, letting the council control detailed changes to them.
• Elsewhere. The appraisals for the Headland and Seaton Carew note that in some cases permitted development rights have been further restricted by Article 4 Directions or planning conditions, and recommend getting advice through the council's pre-application service.

If your home is in a conservation area and the work affects the front, we suggest checking with the council before booking.

Walls, fences and gates

Patio projects often include a new low wall, a raised bed or a gate. The Planning Portal explains that walls and fences up to 1m next to a road, or 2m elsewhere, are normally permitted development. In a conservation area, taking down a wall can need consent, and in Grange the Article 4 Direction covers garden boundaries facing a road or open space. Several of Greatham's boundary walls, with their gate piers, are listed in their own right, so even repair work needs care there.

Listed buildings

The Headland, Greatham, Seaton Carew, Elwick, Hart and the Park area all have listed buildings. The Planning Portal notes that listed building consent may be needed for work to a listed building or within its curtilage, and fixing a patio to a listed wall or changing its setting can fall into that. If your house is listed, ask the council before work starts.

Trees

Hartlepool Borough Council explains that trees protected by a Tree Preservation Order cannot be cut down, topped, lopped or uprooted without its written permission, and that you must give it six weeks' notice before carrying out work on any tree in a conservation area. There is no fee for an application or notice. Patio bases can also damage roots, so near large trees in the Park and Grange areas we plan the layout and depth to keep clear of root zones.

Our checklist at every visit

1. Is it a house or a flat?
2. Is the property in one of the eight conservation areas, and does an Article 4 Direction apply?
3. Is the house, or anything near it, listed?
4. Will any part of the patio sit more than 30cm above the ground?
5. Does the work include front paving, walls, fences or gates?
6. Are there trees nearby, and are any protected?

If any answer suggests permission may be needed, we tell you at the visit so you can contact the council first.

Questions people ask