Solicitor Kayleigh Chapman, in our leading Planning & Environmental law team, explains what Permitted Development Rights changes mean for homeowners looking to extend their property.
In 2013 the Government introduced temporary permitted development rights in relation to household extensions. In 2015 the Government extended the life of that permitted development right to May 2019. The Government has now made the Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 which has made the relevant permitted development right permanent.
This permitted development right allows the construction of certain residential extensions without the need for planning permission. Specifically the right under Schedule 2 Part 1 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the Order”) permits the following:
- extensions of no more than 8 metres to the rear of the original dwelling, if the house is detached; and
- extensions of no more than 6 metres to the rear of the original dwelling in the case of other dwellings such as semi-detached properties.
The height of the extension is not permitted to exceed 4 metres.
Whilst planning permission is not required for the above sized extensions, an application to the Local Planning Authority for prior approval is required. This application must provide a written description of the development, including:
- how far the extension extends beyond the rear wall of the original dwelling;
- the maximum height of the extension;
- the height of the eaves of the extension;
- the combined size of the extension with any other extensions already in situ.
A plan must also be submitted. For further information as to what you should submit with an application you are advised to seek professional advice. The Planning Portal has some information which you may find helpful.
Once an application is submitted the Local Planning Authority will check whether the proposal complies with the conditions and limitations of the Order.
If an owner or occupier of any adjoining property objects to the proposed development the Local Planning Authority is required to consider the impact of the development on adjoining property. If the Local Planning Authority considers that the impact on the amenity of adjoining properties is not acceptable then the Local Planning Authority can refuse the application.
The Council should notify you within 42 days that the development can proceed, or if it cannot on the basis of impact of the amenity/non-compliance with the limitations/conditions of the Order. If the Local Planning Authority does not notify you/the developer within 42 days of the application then the development can proceed. Note however that if your development does not comply with the requirements of the Order (e.g. it extends for 9 metres or is 5 metres tall) and the Local Planning Authority does not respond within 42 days and you construct the extension you may be subject to Enforcement Action. Click here for more information.
In addition to the above permitted development right, smaller extensions are permitted under the Order of up to 4 metres to the rear of a dwelling (if the house was detached) and up to 3 metres for other dwellings. This right still exists and is not subject to the prior approval process.
According to the Government over 110,000 households have utilised the permitted development right. You should check that your property is able to benefit from the rights and have not had such rights restricted by a previous planning permission or by its location in a “designated area” such as AONB or conservation area.
Please see our blog article on Permitted Development Rights for more information.
For further information or legal advice, please contact firstname.lastname@example.org 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.