Tennis courts & planning

[Andy Collins]

Would the construction of a tennis court come under planning law, in a conservation area? If so what information would be required. There are trees in the vicinity of the courts, but the intention is to construct them away from the trees to prevent heave from the roots and reduce the fall of leaf litter into the courts.

Will the construction of a tennis court come under BS5837 requirements?

Any further pointers and advice welcome, thanks.

[Amelanchier]

Firstly check with the LPA that the conservation area has not had an article 4 direction. This 'upgrade' removes some or all permitted development rights and can mandate planning applications for pretty much anything you care to build/alter.

 

If no article 4 direction exists, tennis courts may be regarded as permitted development (i.e., no need for a planning application) provided they meet the criteria required for other 'outbuildings' or enclosures. Anything beyond this will need an application. A list of the requirements and a handy interactive guide can be found at Planning Portal - Outbuildings

 

Another thing to be aware of is that while you don't need a planning app to implement your (or your clients) permitted development rights, this doesn't give you a free pass to ignore the conservation area requirements. Those requirements apply to roots just as much as they do to the above ground parts of the trees and therefore, in my view (and the large majority of LPA enforcement teams I suspect) is that excavation for construction within the RPA of a protected tree requires notification under section 211 of the TCPA (and a six week wait unless you can wrangle an exemption in the usual manner).

 

So although you won't be required by the LPA to follow BS5837:2005 (because you won't need an application) you might be advised to use it as guidance to avoid damage to trees (and prosecution!) and your construction.

[David Humphries]

So although you won't be required by the LPA to follow BS5837:2005 (because you won't need an application) you might be advised to use it as guidance to avoid damage to trees (and prosecution!) and your construction.

 

Unless there are any substantial changes in next months (provisional date) new 5837 guidence.

 

 

 

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[Andy Collins]

Thanks Tony, that's useful! I was suspecting that 5837 would be a useful guide, I think, at this point, that the trees shouldn't be an issue if we follow recommendations for RPAs, and the client has no wish to destroy or damage any trees on th property. I think I'll basically stick the information in for the planning department to assess which way to go, from a tree professionals point of view.