Contents

Swimming Pools – do they need planning permission?

Fancy a swimming pool in the garden? Do you need planning permission? The short answer is no – but then you may do, to realise your plans! Let me explain….

Swimming pool

If you are just digging a large hole in the ground and filling that with water then no, you are highly unlikely to need planning permission – this is actually covered in Class E for outbuildings.

Class E allows for ‘any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such’. Therefore you have permitted development rights to create your pool or swimming pool.

But surely the digging of a pool is an engineering work – and these need planning permission?!

Section 55 of the 1990 Act describes development as the carrying out of building, engineering, mining or other operations in, on, over or under land and, subject to a number of specified exceptions, planning permission is required for the carrying out of development of land. Building operations include structural alterations of or additions to buildings or other operations normally undertaken by a person carrying on business as a builder. There is no statutory definition of engineering operations.

However where permitted development rights exist, these are taken as acceptable as long as the works are ancillary to the permitted development right.

An inspector, in a case APP/X5210/X/15/3006433 explains it so much better than I can…….

It is not whether the works are an engineering operation or not, but whether, whatever form of development they may be, they amount to a separate activity of substance that is not ancillary to the activity that benefits from permitted development rights. In this case Class E grants permission for a swimming pool. Whether in a basement or a garden, a swimming pool will, if sunken into the ground, require considerable excavation works. Consequently, Class E clearly assumes there may well be excavation works to provide a pool that otherwise benefits from a permission granted by that class. Such works must therefore be reasonable ancillary to the provision of the pool. In this case no works are suggested that would exceed what is reasonably necessary to cater for the pool itself and so I can see no reason why the pool and the excavation of the soil to create the pool should not benefit from the permitted development rights granted by Class E.

If Class E rights are removed, via a previous planning decision, then planning permission would be required.

You can’t construct your pool in the front garden, as Class E rules this out.

Pools in Conservation areas

You can construct a swimming pool in a conservation area.

What you must avoid is the area between the side of the property and the boundary. If you wish to construct a pool to the side of a property in a conservation area, you will require planning permission. Planning Geek can help with that. Otherwise move it to behind the house and you are fine.

The actual legislation says ‘in a conservation area, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse‘ – therefore this includes both the original and any subsequent rear extensions. If the pool came before the rear extension, you should be fine. But please keep evidence. Note that as this is the land between a side elevation and the boundary, it does not include any land behind the house, even if it is in line with the side of the house.

Swimming Pools in National Parks, AONB, WHS etc.

You can construct a swimming pool in a National Park, The Broads, National Landscapes (AONB) and World Heritage SItes. But there are strict limits.

As with a Conservation Area, you must avoid is the area between the side of the property and the boundary. If you wish to construct a swimming pool to the side of a property in say a National Park, you will require planning permission. Planning Geek can help with that.

Even if you move it to behind the house you need to be careful. As long as it is not more than 20m from any wall of the main dwelling house, you should be fine. However beyond 20m, then you are limited to an overall footprint of 10 sq m.

The actual legislation says ‘In the case of any land within the curtilage of the dwellinghouse which is within— (a) an area of outstanding natural beauty; (b) the Broads; (c) a National Park; or (d) a World Heritage Site, development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.’

Importantly this also impacts existing buildings. So if you already have an old shed of say 5 sq m more than 20m from the house, you are limited to just a further 5 sq m. Even if this shed was either built by someone else, or had full planning permission.

Beyond a hole in the ground…..

If you are looking to enclose your nice new swimming pool in an outbuilding with a pump room then again you ought to be okay, as long as your comply with Class E of Part 2 for outbuildings. These must not be in your front garden nor take up more than 50% of the curtilage and must be for the benefit and enjoyment of the residents of the house.

Indoor Pools

This would normally be considered not development as it is an interior alteration. However if you are in a listed building you will need consent from the conservation officer.

Page Updated: 17th January 2025