What Class E actually allows
Class E of Schedule 2, Part 1 covers buildings, enclosures and other structures within the curtilage of a dwellinghouse, required for a purpose incidental to the enjoyment of the house. The word incidental is doing significant work and is the source of most confusion. A garden store, a workshop, a home office, a gym, a summerhouse and a garage are all normally incidental. Accommodation in which someone lives — a self-contained annexe with sleeping and bathing facilities, or a building used as a separate dwelling — is not, and building one under Class E on the assumption that it is a garden room is the mistake that leads to enforcement. Working in a garden office is generally fine; sleeping in it regularly changes the character of the use. The physical conditions then constrain what can be built. It must be single storey. The height limits depend on the roof: a dual-pitched roof is allowed more overall height than other forms, and any building within two metres of a boundary is limited to a lower overall height, which is why so many garden buildings end up with a shallow or flat roof when placed close to a fence. Nothing may be forward of a wall forming the principal elevation. And the total area of ground covered by buildings other than the original house must not exceed half the curtilage — a limit that a large existing extension, a garage and a substantial outbuilding can approach on a modest plot, and which is measured against the original curtilage. On designated land the rules tighten in one important respect: nothing to the side of the original house is permitted development, so the position moves to the rear. The practical method is to establish the constraints first and design within them, or to conclude early that an application is needed — which on an undesignated suburban plot is a routine exercise rather than a barrier.