Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


Does a bike circuit in my garden need planning permission?

Posted on 26th November 2021 in Planning and Licensing

Posted by

Alex McKerron

Associate & Chartered Legal Executive
Does a bike circuit in my garden need planning permission?

The case involved a bike training circuit that had been set up in someone’s garden. It included the creation of tracks, jumps, ramps and scaffolding towers. The local authority took enforcement action alleging a material change of use of the garden to a mixed use for residential use and mountain bike purposes and use for motorised sport. The landowner appealed against the enforcement notice.


What are the planning permission regulations?

Planning permission is not required for the use of any buildings or other land within the curtilage of a dwellinghouse if it is for any purpose which is incidental to the enjoyment of the dwellinghouse.

The Planning Inspector who determined the appeal concluded that because the bike training circuit was essentially a training facility, even though it was for personal use, it went beyond the usual functional relationship between a residential dwelling and an incidental use.


What is the difference between primary use and incidental use?

Case law has established that the functional relationship between a primary use and incidental use should be one that is normally found and not based on the personal choice of the user. The use that was taking place in the garden could not reasonably be considered incidental to the enjoyment of the dwellinghouse. The Inspector upheld the enforcement notice which required the use to cease and the structures to be removed.  The land had to be returned to its previous condition.


Find out more

If you have any concerns relating to whether or not you can use your garden for a particular use, or for any planning advice please contact us.  Our experienced team of planning lawyers are on hand to advise on planning issues including permitted development rights, and potential or current enforcement action.

Contact our legal experts

Company & Industry

Related Insights


Abandonment of Existing Use of Property

Posted on 07th September 2023 in Planning and Licensing

In an appeal determined in August 2023 the Planning Inspector considered whether the use of a former Oast house had been abandoned. The appeal against the refusal to grant planning permission for the repair and reinstatement of the four kiln former Oast house was dismissed.

Posted by

Rachael Jones


What is Biodiversity Net Gain and how to achieve it?

Posted on 31st July 2023 in Rural Property & Countryside Matters, Planning and Licensing

Biodiversity Net Gain (“BNG”) in the context of planning and development is the principle that development of land should leave the natural environment of those sites in a measurably better state than they were prior to the development taking place.

Posted by

Amy Cater

Partner and Solicitor