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Insights // 20 May 2019

Permitted Development Rights - Some of the Conditions and Limitations Explained

Solicitor Kayleigh Chapman, in our leading Planning & Environmental law team, discusses permitted development rights and some of the associated  conditions and limitations.

We have previously prepared a blog article on guidance available for those who are looking to extend their home using permitted development rights. This blog looks at a couple of examples of permitted development rights and some of the conditions and limitations relating to them.

Prior to undertaking any work you should obtain advice from a professional such as a specialist planning lawyer or the local planning authority to confirm that what you propose actually complies with the requirements of legislation and that there are no general restrictions on undertaking the work.

Property constraints which are likely to affect whether you can carry out the proposed work include: if your property is listed, location within a conservation area and whether the property is located within an Article 4 Direction area which restricts that specific permitted development right. This list is not exhaustive.

Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”) grants certain permitted development (“PD”) rights within the curtilage of a dwellinghouse. This means that where the proposed development complies with the rules relating to a Class within that Part planning permission is not required. You should be aware that in respect of some types of PD rights an application known as “prior approval” to the Council may need to be made.

Class A of Part 1 relates to the “enlargement, improvement or other alteration of a dwellinghouse”. This could include a single-storey extension or a conservatory. There are specific size requirements within the GPDO which would need to be complied with in relation to height, depth and width as well as consideration of the size of any buildings within the curtilage. There are limitations on the height of the extension as well as the maximum eaves and ridge heights of the proposed roof. Further there are conditions relating to the material to be used, the glazing of windows on any upper storey and the pitching of any second storey roof.

Class E provides PD rights for the construction of certain buildings incidental to the enjoyment of a dwellinghouse. This can include a pool house, garage or summer house (list is not exhaustive). Similar to Class A there are restrictions on the size of any building and the height of roofs (including eaves). This permitted development right restricts such buildings to single storey and does not permit verandahs, balconies or raised platforms.

There are also permitted development rights in this Part 1 relating to:

  • Enlargement of a dwelling consisting of an addition or alteration to its roof (Class B);
  • Any other alteration to the roof of a dwelling (Class C);
  • The erection or construction of a porch outside any external door of a dwellinghouse (Class D)
  • The provision of hard surfaces incidental to the enjoyment of the dwelling house (Class F);
  • The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwelling (Class G); and
  • The installation, alteration or replacement of a microwave antenna on a dwelling or within the curtilage of a dwelling (Class H)

It is important that you seek advice prior to carrying out any works. If you construct anything which does not comply with the conditions or limitations of the relevant class of the GPDO then you should have obtained planning permission for that development prior to carrying it out. If the works are unauthorised you could be subject to enforcement action by the Council.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800. 

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.

Kayleigh Chapman

Kayleigh Chapman

Solicitor, Planning & Environmental Law

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