Thursday 16 May 2024

HOW TO AVOID PLANNING PERMISSION: PERMITTED DEVELOPMENT RIGHTS


Permitted Development allows the homeowner to improve and/or extend the home without planning permission 👍.  


For Permitted Development, you should always seek professional advice and you should obtain formal confirmation for your Local Authority that your proposal is permitted.


This can be done with an application for a Certificate of Lawful Proposed Development


This involves the submission of an application form, location plan and existing and proposed drawings, along with the relevant fee. See the planning portal website; https://www.planningportal.co.uk fr more details and application forms.


Permitted Development does not apply to conservation areas and/or listed buildings.  Also, maisonettes, flats and commercial buildings usually do not have permitted development rights but you should check with your Local Authority first.



The Permitted Development rights for householders are categorised in the following classes:


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Class A:        covers the enlargement, improvement or alteration to a house, i.e. rear and side extensions etc.  


This includes items such as; the extensions must not exceed 50% of the curtilage. (excluding the ground area of the original dwelling house)


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Class B:        covers the additions and/or alterations to roof of a house, i.e loft conversions.


This includes items such as; the highest part of the roof must not be exceeded and the works must not extend past the plane of any existing house roof slope which forms the principal elevation of a house, i.e. the addition of dormer windows is not permitted development.

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Class C:        covers other alterations to the roof, i.e. installation of roof lights etc.


This includes items such as; the works must not protrude more than 0.15metres beyond the plane of the original roof slope. 


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Class D:        covers the addition of an outside porch.

This includes items such as; the ground area of the new structure must not exceed 3 metres squared and it must not be more than 3 metres above ground level.


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Class E:        covers the addition buildings within the site area (curtilage) of the house.

This includes items such as; This includes items such as; any building or enclosure that are or the maintenance, improvement and enjoyment of the house.  Note there are many limits and conditions that apply to this.


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Class F:        covers the addition of hard surfaces within the site area (curtilage) of the house.

This includes items such as; the provision of a hard surface or the replacement in part or the whole of such a surface.


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Class G:        covers the installation, alterations or replacement of a chimney, flues etc

This includes items such as;  the height of the chimney would not exceed the highest part of the roof by 1 metre or on a roof slope that rents a highway or is on the principal elevation, either side or front.


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Class H:         covers the installation, alteration or replacement of microwave antenna.

This includes items such as;  the addition must not exceed more than 2 antennas, an antenna must not protrude above the chimney etc.

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☝Note:  We have only listed a few items in each of the Permitted Development classes, please check as there are many elements to the above classes that may affect your proposal so please check all the details before you start your project.



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☝Refer to the web page for the UK Governments technical Guidance (see below link). This contains more detail on the above class descriptions and diagrams to help you in your check if your proposed alterations/ extension to your house would be classed as Permitted Rights 


https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance



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☝Remember, you are likely to require planning permissions if you:



  • Construct a new building.
  • Alter the external appearance of an existing building.
  • Extend a property.
  • Convert a house into flats.
  • Change the use of a building or land.



Also, beware, the Building Regulations is separate to planning permission and is usually required for extensions and alterations whether Permitted Development is permitted or Full Planning permission is required.


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😟 Permitted Development Mistakes 👎


Here are some common mistakes that people make which can have serious consequences.



Design.


The design must meet all the Permitted Development rights and missing just one item can impact on the development.  Also, the impact on the surrounding area is also important as some planing laws may affect the development despite meeting all the requirements of Permitted Development.


Permitted Development Rights.


Permitted Development rights are limited.  


Permitted Development rights to a property may have been removed.  The have been many cases where people have assumed Permitted Development is permitted and on completion of their development have faced enforcement.  This has also happened, when Permitted Development rights have bee removed when work has commenced or completed.  This is why obtaining a Certificate of Lawful Proposed Development is so important before work commences.


Also, check as any previous developments to your property may have used all the Permitted Development rights permitted, so you may not be able to improve or extend your property under Permitted Development.  


If mistakes are made in Permitted Development this may result in receiving an enforcement notice, an unlimited fine, or even worse having to demolish the new build and restore the property to its original state.  These can have significant time and cost issues and non-compliance with Permitted Development can affect your mortgage and sale of the property. 💩


So, please obtain a Certificate of Lawful Proposed Development before you commence work.



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While every effort has been made to check the accuracy of this article, readers should always make their own checks.  

The Author does not accept any responsibility for misstatements made or any misunderstandings arising from it.

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