Karen Jones and Amber Pocock, in our Planning & Environmental Law team, explain what homeowners can do under Permitted Development Rights.
More people than ever are looking to make improvements and alterations to their homes under permitted development. It offers a solution to individuals to make changes to their properties without going through the process of gaining of a specific planning permission first.
What is Permitted Development?
Permitted Development (PD) helps individuals to avoid applying for planning permission by allowing automatic grants of permission for certain building works and changes of use to be given without the need to apply for planning permission.
There are different scales of development that can fall under PD, for example from the construction of a small extension to a change of use from commercial to residential. The development must meet strict criteria to fall within PD. Householder PD rights fall into different categories for example Class A extensions (enlargement, improvement, alterations) or Class B addition to the roof. The various categories each have a different set of requirements for PD and should be checked carefully to see if the proposed development complies.
What Does Permitted Development Allow You To Do?
The types of development covered by PD rights varies greatly covering both internal and external works. There are strict criteria that must be met for the development to fall within PD and if outside the criteria, then full planning permission must be applied for.
For example, in relation to an extension, one of the criteria is that only up to 50% of land around the “Original House” (the house as it was first built or as it stood on 1st July 1948 if built before that date) can be covered by extensions or other buildings. This means that any space added after 1948 by previous owners will contribute to your PD allocation tolerances rather than starting again with each new owner.
Before carrying out any work, it is important to check which class your desired work will fall into and assess the criteria required for it to fall within PD. These are strictly applied, and enforcement action is possible if you deviate from the exact requirements of the PD or fail to comply.
Restrictions Preventing Building Under PD
Unfortunately, the PD rights that apply to residential houses do not apply to flats or maisonettes due to the impact the alterations could have on neighbouring properties. Further, the rules do not apply to converted houses or houses created using PD rights for example changes or use.
An additional power to restrict PD rights is available to the Local Planning Authority (LPA) and allows them to issue an article 4 Direction restricting or removing PD rights. An article 4 Direction does not prohibit development but allows the LPA to have some control over the proposed development. The impact of an article 4 Direction is that an individual will have to apply for planning permission to get the development approved.
Prior Approval Larger Home Extension – What Is It and How Does it Form Part of the PD Process?
The prior approval process applies to homeowners wishing to construct a single-storey rear extension extending beyond the rear wall of the Original House by over 3M and up to 6M for semi-detached houses and over 4M and up to 8M for detached houses. The LPA must be notified of the extension before construction can take place. Information including documents, drawings, and a fee (£96) should be submitted to the LPA.
The LPA will apply the Neighbourhood Consultation Scheme. This involves writing to the immediate neighbours concerning the proposed extension and giving them a minimum of 21 days to decide if they wish to object. If at the end of the 21-day period, there are no objections, and the extension falls within the PD rules, the LPA must grant prior approval allowing the development to commence under PD rights. Alternatively, If the LPA receive objections about the extension from the neighbours, then it will have to consider the impact of the proposal on the residential amenity of all adjacent neighbours. The LPA will have to conclude whether the impact is acceptable and grant prior approval or it is unacceptable and refuse it. There is an opportunity to appeal this decision.
If you have carried out work or are thinking about doing so and you are unsure about whether they fall into PD or there is dispute with the LPA as to whether the work falls within PD tolerances a forensic assessment can be undertaken to establish the position.
Please do not hesitate to contact our specialist Planning & Environmental Law team for advice and guidance.
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.
