Planning Permission in Courtyard Garden Design

When planning a courtyard garden, it’s important to consider more than just the design. In some cases, changes to small outdoor spaces – especially in London and Kent – may require planning permission. Even simple features like raised walls, new structures, or boundary changes can fall under local regulations.

This article outlines when planning permission might be needed in a courtyard garden, what rules to watch out for, and how to approach your project with confidence.

Do You Always Need Planning Permission?

In many cases, you can redesign a courtyard garden under permitted development rights. These rules allow you to carry out certain improvements to your property without applying for full planning permission.

However, permitted development has limits. If your garden is in a conservation area, part of a listed building, or subject to previous planning restrictions (such as in new builds), the rules may be tighter. Courtyards in dense urban areas – like those behind flats or townhouses – often come with unique conditions.

We’ve worked with many urban courtyards that faced these limitations. It’s always worth checking with your local council before committing to any major design changes.

Features That May Require Permission

1. Walls and Boundaries

New garden walls or boundary treatments over 1 metre high (next to a highway) or 2 metres high elsewhere may require consent.

• This applies even if you’re replacing existing fences or walls with taller versions.

• In conservation areas, any alteration to a boundary could be subject to controls.

For these reasons, we often recommend softer screening options like planting or trellis in sensitive areas.

2. Outbuildings and Structures

Sheds, garden rooms, or pergolas may fall under permitted development, but only if they meet certain criteria:

• No taller than 2.5 metres (if within 2 metres of a boundary)

• Not covering more than 50% of your outdoor space

• Used only for incidental purposes (e.g. storage, studio), not living space

This becomes a common consideration in small garden design projects, especially in built-up areas.

3. Raised Planters or Terracing

If you are altering ground levels by more than 300mm, such as raising a section of the courtyard with decking or planters, you may need permission.

• Retaining walls or seating plinths might be treated as structures depending on permanence and size.

Even something as simple as raised planting beds could trigger rules in conservation zones.

4. Flats and Subdivided Buildings

If you live in a flat, maisonette, or a converted building with multiple dwellings, permitted development rights often do not apply.

• Any changes to outside space – even paving or storage – may require formal consent.

• This is especially common in inner London developments with shared courtyards.

5. Listed Buildings and Conservation Areas

For listed buildings, nearly all external alterations – including planting beds, new surfaces, or lighting – may need listed building consent.

• In conservation areas, changes to visible structures can be restricted to preserve the local character.

• We recommend researching your planning restrictions before investing in hard materials.

What Usually Doesn’t Need Permission?

Some courtyard upgrades can usually go ahead without planning approval:

• New planting schemes

• Movable seating or pots

• Surface replacements, like paving or gravel, if levels aren’t raised

• Fencing or screens under 2 metres

• Subtle lighting that doesn’t cause light pollution

Still, if you're in a listed property or conservation area, it’s always worth a call to the planning office. Even eco-conscious changes can fall under scrutiny.

Common Scenarios Where Planning Comes Into Play

In our work across London and Kent, we’ve seen several examples where permissions apply:

• A homeowner in a conservation area wanting to build a timber pergola

• A small business adding outdoor lighting and café seating

• A listed townhouse upgrading paving with modern stone

• A new build flat owner installing planters in a shared courtyard

These scenarios often arise during partial redesign projects, where small changes require formal checks.

How to Plan Around Permissions

Planning doesn’t have to be a barrier to good design. In fact, many of the most elegant courtyard gardens are shaped by the limits of their setting.

Tips for navigating planning concerns:

• Check your planning status early

• Contact your local authority if you’re unsure

• Use flexible, movable features where needed

• Keep within height and surface limits

• Design around the setting, not against it

Even light-touch changes can add beauty and structure when permission is limited.

Final Thoughts

Courtyard gardens are often hidden from view, but that doesn’t mean they fall outside planning rules. From walls and structures to paving and boundaries, it’s important to understand what’s allowed before beginning work.

If your property is in London, Kent, or a protected area, take time to review your rights. You may have more freedom than expected — or you might need to adjust your design slightly to avoid a formal application.

With the right advice, your courtyard can become a beautifully tailored space that meets both design goals and planning rules.