Whether or not the council regards this land as part of your garden should have little bearing on whether it is considered suitable for building.

If it’s been used as garden for over ten years, then it has acquired a lawful garden use in any case. Unless it serves some function in terms of public amenity, for example being an attractive open space within a built up environment, then it may well be suitable for building provided it is within an area where the council’s policies allow small scale housing developments.

As to specifically whether a bungalow might be acceptable, this would depend on whether a bungalow would fit in with prevailing building styles in the vicinity. As a rule it’s much easier to put a bungalow amongst houses than a house amongst bungalows.

The way forward would be to seek pre-application advice from your local council.

Mike Dade, Planning Consultant & Build It magazine contributor

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