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Norfolk, UK treehouse under threat
Council denies planning permission
The Treehouse Guide Administrator 2007-07-04, 11:05 #1
User title: The Treehouse Guide
since Aug 2006 · 67 posts
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Subject: Norfolk, UK treehouse under threat
A large treehouse being built in Norfolk, UK has come under threat from the local council in an argument over planning permission. Following some complaints that the treehouse is an eyesore, the council have asked for it to be removed, or to seek proper planning permission for its construction.

[Image: http://www.thetreehouseguide.com/images/forum/outsideinspring.jpg]

Background of the legal position
The law in the UK and elsewhere is unclear about treehouses. The closest interpretation is that they are similar to garden sheds which can be classed as temporary structures, avoiding planning permission. There is a limit of 3m height for structures with a flat roof, or 4m for those with a pitched roof. A 2004 case (Daniel Bennet's flat roofed treehouse) contested that the starting point for this height was not specified in law so Bennet claimed the height limit could be measured from base/floor level to top, rather than ground level to top. This was not upheld so his treehouse had to come down. However, since the treehouse had a flat roof at 3.1m from the ground (10cm too high), the treehouse was legally rebuilt slightly higher soon afterwards using a pitched roof with a limit of 4m.

Situation in Norfolk
The Norfolk treehouse is built in a tree growing in a hedge within several fields owned by the family of one of the builders. The edge of the family's land is approximately 150m away and the treehouse is not visible from any main roads. The council have said at least two people have complained that the treehouse is an eyesore, although these were not the immediate neighbours.

[Image: http://www.thetreehouseguide.com/images/forum/map.jpg]

Norfolk Council has said that this treehouse does not come under the definition of temporary structure due to its height. It must obtain planning permission or be taken down. What is not obvious is how to prove that a treehouse is structurally safe, which may be required as part of the planning application. However, it seems that the council is more concerned with the look of the structure and the visual impact on the surroundings. A representative has said that the builders would have to prove that the treehouse adds something unique to the area before planning permission could be given. A survey of local residents will have to be taken to show the level of objection to the structure.

This leaves the final verdict open to the opinion of the council, who will naturally be cautious of awarding planning permission to a treehouse.

Treehouse construction
The treehouse has been built by a main team of three with help from friends and is nearing completion. All the construction materials have been salvaged and would otherwise have gone to landfill.

[Image: http://www.thetreehouseguide.com/images/forum/inside.jpg] [Image: http://www.thetreehouseguide.com/images/forum/groundsupports.jpg]

Further reading
Norfolk treehouse official website and guestbook
Groovy Green blog article on the treehouse
Daniel Bennet's legal battle and rebuilding of the treehouse higher than before
Out 'n' About Treesort in Oregon, USA had long legal troubles in their early days
This post was edited 2 times, last on 2007-11-02, 16:10 by The Treehouse Guide.
The Treehouse Guide Administrator 2007-10-08, 22:48 #2
User title: The Treehouse Guide
since Aug 2006 · 67 posts
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Subject: Partial approval for the Norfolk treehouse
Some good news for the treehouse; approval from the planning committee (pdf). From the public consultation there were 2 objections and 25 letters of support - see a list of communications relating to the application.

There has been a lot of media interest in the treehouse from the BBC, ITV and various local radio stations and newspapers. More images and news articles are on the treehouse's gallery pages. You can also download plans of the treehouse which were produced for the planning process.

Although the council have approved the treehouse, Adam Jackson (one of the treehouse builders) says that "because it is a change of their policy it needs to go to a different group of councillors who wil decide if [the decision] needs to be upturned." We will have to wait and see...
This post was edited on 2007-10-09, 11:50 by The Treehouse Guide.
The Treehouse Guide Administrator 2007-11-01, 17:26 #3
User title: The Treehouse Guide
since Aug 2006 · 67 posts
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Subject: Planning permission has been refused
Unfortunately the planning department have refused permission for Adam Jackson's treehouse. This was despite of this report from the original committee in charge of determining whether the treehouse caused a valid disturbance which concluded that visual disturbance was not a problem.

The relevant text from the refusal letter reads:

The site is situated in an open countryside location where policies seek to restrict new development to that which requires a rural location and respects the character of the landscape. The tree house is a significant structure in an elevated position which is visible from the neighbouring dwelling and adjacent definitive public footpath particularly during the winter months. The tree house has an adverse effect on the appearance of the tree and detracts from the outlook of the neighbouring poroperty [sic] and character of the locality. The proposal is therefore contrary to Policy ENV8 of the South Norfolk Local Plan 2003.

It is particularly disappointing that the refusal was based entirely on the subjective view from the Planning Committee. The treehouse was determined by the original public consultation and committee meeting to have been

...constructed in a location which is not visually prominent from public view points and does not have a significant adverse impact on the openness or character of the locality.

With 25 letters of support and 2 against, the final decision is a little unexpected. Policy ENV8 does not seem to require any kind of measurement of the amount or type of "adverse effect" and the decision reached does not take into account the opinions of people who actually live and work in the area (though not all the support letters were from local residents).

The final decision appears to have been made not because the treehouse is causing a significant problem - that had been determined by public opinion to be false -  but because it would set a persuasive precedent that others might use to help approve other treehouse projects in the UK.

Significantly, three other main reasons usually given for a treehouse refusal were not questioned by this final decision. The treehouse was accepted as structurally safe, of no consequence to the health of the tree and of no threat to the privacy of neighbours.
The Treehouse Guide Administrator 2008-09-01, 14:42 #4
User title: The Treehouse Guide
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Subject: Final say on treehouse from Home Office
Hey everyone,

A couple of days ago the planning inspectorate wrote to me to say
that the final decision had been made on the treehouse appeal after
all the consideration, solicitors and planning inspectors and the home
office had declared that the council's decision that the treehouse
should not be allowed to exist because of the laws regarding the
development of structures in open countryside should be up held and
that the treehouse should be removed in its entirety and that the
site must return to how it was before we started work.

This was stated by the Planning Inspectorate for the Home Office and
is the final port of call for planning decision and therefore there is
no greater authority in Government to over turn this unless we can
prove some sort of illegal activity in the proceedings. Therefore we
have lost, finally and utterly our fight to save the £35 Brandon Parva
eco-treehouse.

Thanks alot for everyone who has helped out and shown their support
and to everyone who has helped build it, its been fun and we've at
least got loads of photos and video from it to prove that it was
really there and we have not been exaggerating!

On the plus side the 2 month period to knock it down has been
extended but even so if you have not yet seen the treehouse or know
someone that does want to see it, then I urge you to come see it
soon!

ADAM JACKSON
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