Permitted Development Rights

Changes to Householder Permitted Development Rights

The government has changed the Permitted Development Rights for houses. These changes came in to force on the 1 October.2008. Information about the changes to the legislation are provided by the Office of Public Sector Information or general guidance by the Planning Portal.

Home owners should be aware that the Planning Portal is unable to give specific advice relating to individual properties. For example, it does not contain information on whether or not a property is Listed, located within a Conservation Area or subject to restrictive conditions attached to previous planning permissions.

These new regulations may mean you will not need permission to carry out the development in some cases 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.

It should be born in mind that 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 (which principally deals with health and safety aspects of the building)

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:

• Conservatories
• Decking
• 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 and Front Garden
• Roof

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(pdf, 205KB) (proposed) in order to obtain a legal determination.

You can download the 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 )

While the overall aim is to relax the planning regime, the proposals also introduce a need for planning applications for householder developments with potential adverse impacts, which are currently allowed.

The proposals will create a national legislative framework based on development impact, but the Government is also keen to ensure that local planning authorities have flexibility to amend permitted development rights locally where it is appropriate for their area.

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 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.

We strongly recommend that you always check with the council before proceeding. 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.