Permitted Development Rights
Changes to Householder Permitted Development Rights
The government changed the Permitted Development Rights for houses on 1 October 2008.
These new regulations may mean you will not need permission to carry out the development and in others, like new driveways, it will mean that you will. It is important to check with the Planning Department whether permitted development rights for your property have been varied or waived before starting any work. The Planning Portal can help with their Interactive Householders Guide.
These changes in the Planning rules for householders wishing to extend or alter their properties will not affect their requirement to make a Building Regulations application.
Some proposals which were previously “permitted development” will now require planning permission, including, for example, certain roof extensions and conservatories or rear extensions over 3m in length. One major change is that new or replacement paving or surfacing of a front garden will now require permission where it is more than five square metres, is not porous or where run-off cannot be channelled to a porous area in the curtilage, such as a garden border. Another change is that any upper floor side-facing windows, in an otherwise permitted development scheme, will have to be fitted with obscured glazing. New controls have also been introduced for balconies, verandas and decking.
There are also changes to the rules regarding outbuildings, roof alterations, solar panels, chimneys, flues and soil and vent pipes.
All the following areas of development are subject to change, these links to the Planning Portal website provide more detail:
- House Extensions
- Flue, Chimney or Soil and Vent Pipe
- Fuel Tanks
- Garage conversions
- Loft Conversions
- Patio and Driveway (more guidance is available from the Department of Communities and Local Government)
- Paving your Front Garden
The Government has recently issued guidance to help assist in the interpretation of Permitted Development allowances(pdf, 250KB), particularly for householders, which was substantially altered in October 2008. Whilst this Local Planning Authority will seek to adhere to the guidance given it cannot be assumed that compliance with it will automatically mean planning permission is not required for the work. You are recommended to apply for a Lawful Development Certificate to ascertain the lawfulness of such work. This Certificate is a very useful document to hold when a property is being sold as it can be evidence of such lawfulness.
Applications for Certificates of Lawful Development or Use (under section 192 or 191 of the Planning Act)
When a home owner/applicant wishes to establish whether an extension or change of use is lawful and therefore does not require planning permission from the Local Planning Authority (LPA) they can apply for a Certificate of Lawful Development or Use. In such instances, the LPA will receive an application form, fee and plans showing the proposed development and will issue a certificate once it has been established that planning permission is not required for the proposal.
This is assessed on matters of fact (set out in the General Permitted Development Order) and is not assessed on merit, or against adopted policy or guidance or how the development will impact on neighbouring residents.
The Council is not obliged to consult neighbours on such applications.
In cases where the land owner is confident that the proposed development does not require planning permission, they can proceed without the benefit of receiving a Certificate of Lawful Development or Use and therefore the LPA would have no knowledge of the development (although Building Regulations may be required). However, the LPA strongly advises that an application for a Certificate of Lawful Development or Use is sought to avoid any possible enforcement action where the development may indeed require planning permission and not be acceptable.”
If you wish to gain a formal view as to whether or not planning permission is required for proposed work you will need to submit a Lawful Development Certificate (proposed) in order to obtain a legal determination.
Read full regulations: "The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008" from the Office of Public Sector Information (Statutory Instrument 2362)
Restrictions on Permitted Development Rights
In some areas of the Borough permitted development rights are more restricted. If you live in a Conservation Area you will need to apply for planning permission for certain types of work which do not need an application in other areas. If your proposal affects a listed building, it will be necessary to obtain Listed Building Consent before undertaking any work.
Listed Buildings are protected by law and it is an offence to carry out works to them without consent. Contact the Conservation and Urban Design Team if you are uncertain whether a building is listed. If you are thinking of carrying out works to a Listed Building, you are strongly advised to seek the advice of either the Conservation and Urban Design team or a professional agent.
You should also note that the council may have removed some of your permitted development rights by issuing an Article 4 direction. This will mean that you have to submit a planning application for work which normally does not need one. Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the Council if you are not sure.
You can get confirmation that planned works are eligible for permitted development rights by making an application under Section 192. If you have completed the works but are being challenged as to their status with regard to permitted development rights you make may an application under Section 191 to establish validity.