Hi all. I'm in the process of applying for Planning permission. Our Hut design includes an internal floor space of 30m2 as per the definition. East Lothian Council Planning Department will not take on the application citing the exception in red below - which seems contradictory to me. Does anyone know anything which might clarify or help please?
Information request and response under the Environmental Information (Scotland) Regulations 2004.
1. What is the definition of a recreational hut in Scotland?
Scottish Planning Policy (SPP) which is Scottish Government policy on how nationally important land use planning matters should be addressed across the country, sets outs a definition of a 'hut' in its glossary as follows;
Hut - A simple building used intermittently as recreational accommodation (ie. not a principal residence); having an internal floor area of no more than 30m2; constructed from low impact materials; generally not connected to mains water, electricity or sewerage; and built in such a way that it is removable with little or no trace at the end of its life. Huts may be built singly or in groups.With regard to The Building (Scotland) Regulations 2004 (building regulations) a ‘hut’ is not defined. The building regulations set out types of buildings and work that are exempt from building regulations Schedule 1 to Regulation 3, or can be done without a building warrant as long as they meet the building regulations Schedule 3 to Regulation 5.The most appropriate type for a “recreational hut” to be considered under would be Type 23A. As long as the building work meets the conditions set out below a building warrant would not be required.Type 23A is A detached single-storey building used for shelter or sleeping in connection with recreation.
Exceptions•A dwelling.•A building having an area exceeding 30 square metres.•A building ancillary to another building.•A building within 6 metres of a boundary or of another building.•Any wastewater disposal system serving a building of this type.•A building containing a gallery* or galleries unless the gallery, or where there is more than one gallery, the galleries together occupy an area not more than -a.8 square metres, orb.one-half of the area of the room or space in which it is situated, whichever is the lesser.*Interpretation of this paragraph. In this paragraph, "gallery" means a raised floor or platform which is open to the room or space into which it projects and is not enclosed below.