Permitted Development: A Handy Guide

Permitted development rights (PD) provide homeowners the right to undertake certain types of works to their property without the need for planning consent. There are various alterations, extensions and outbuildings that can be built to improve your existing dwelling and optimise its potential. This blog will cover the basics of what you can do to your property without the need for planning consent.

Extensions

• Extensions cannot be built on principal elevations (those which face the road/street).
• All extensions cannot exceed 50% of the land around the ‘original house’ (as the dwelling was on or before the 1st July 1948).
• All extensions must have similar materials the original house.
• Side extensions can only be single storey, no more than half the width of the original house and cannot have an overall height of more than 4m.
• Any extension within 2m of a boundary should have an eaves height of no more than 3m.
• Single storey rear extensions cannot extend outwards by more than 4m (detached house) and 3m (semi/terraced house). However, if a prior approval application is submitted to the Local Authority, this can be increased to 8m (detached house) and 6m (semi/terraced house).
• Two storey extensions can only be built at the rear of a property, however, they cannot extend outwards by more than 3m, nor be within 7 metres of any boundary.
• If the extension has a pitched roof the eaves and ridge hight cannot exceed that of the original house.
• A front porch is PD if the external area does not exceed 3sqm and its height does not exceed more than 3m. Further information can be found here: https://ecab.planningportal.co.uk/uploads/miniguides/extensions/extensions.pdf

Outbuildings (inc. garages)

• No outbuilding can be forward of the principal elevation(s).
• Outbuildings must be single storey with a maximum eaves height of 2.5m and a maximum ridge height of 4m for a pitched roof, and 3m for all other roof types.
• If the outbuilding is within 2m of a boundary, this overall height is restricted to 2.5m.
• No outbuilding can exceed more than 50% of the land around the ‘original house’, and cannot be self-sufficient living accommodation (i.e. it cannot have a kitchen). Further information can be found here: https://ecab.planningportal.co.uk/uploads/miniguides/outbuildings/outbuildings.pdf

Loft Conversions

• Any addition to the roof space (e.g. a dormer) cannot exceed 40 cubic metres for a terraced house, or 50 cubic meters for a detached/semi-detached house.
• Roof extensions such as dormers can only be added to the rear of a property and must be set back from the eaves by a minimum of 200mm.
• A loft conversion may impact bats (a protected species) therefore a bat survey may be required along with the proper licencing to undertake the works.
• Rooflight are permitted on all sides of a roof.
• A hipped roof can be converted into a gable so long as the loft does not exceed the volume restrictions above. Further information can be found here: https://ecab.planningportal.co.uk/uploads/miniguides/lofts/lofts.pdf

Additional Storey(s)

• As of September 2020, 2 storey dwellings can have an additional 2 stories added, with single storey dwellings being able to add an additional 1 storey. These rights only apply to properties built between 1 July 1948 and 5 March 2018. A prior approval application must be submitted to the Local Authority confirming the proposals detail.
• The rights apply to detached, semi-detached and terrace houses, however they cannot exceed a height of 18m, and if in a terrace, the height cannot be more than 3.5m higher than the adjacent properties.

Restrictions

• PD can be removed or restricted in ‘designated area’ such as conservation areas, national parks, areas of outstanding natural beauty (AONB’s) or world heritage sites.
• PD does not apply to flats or maisonettes.
• If the Local Authority has served an ‘Article 4’ direction on an area, or a property, PD will not apply. ‘Article 4’ directions are made when the character of an area is threatened, this is common in conservation areas or areas of outstanding natural beauty.
• Listed buildings (and its curtilage) do not have PD rights.

Lawful Development Certificate (LDC)

This certificate is not a legal requirement; however, it does confirm that the works you are undertaking are lawful and comply with PD legislation. Various elements of PD are complex and/or unclear, therefore this certificate confirms you are not breaching planning laws. It can also be very valuable in avoiding legal disputes if a neighbour complains, or when the property is sold. The application fee for a householder LDC is £103 (as of September 2020) with the application taking around 8 weeks. We always recommend, and will submit, a LDC as part of our service; this requires detailed information about the project to be submitted to the Local Authority, along with plans and elevations.

Prior Approval Application (PAA)

A PAA is required for some PD rights (e.g. a larger rear extension & additional stories as above), its purpose is to seek approval from the Local Authority that specified parts of the development comply with PD legislation. As with a planning application, the Local Authority will consult with your neighbours to ensure they do not object to the proposals. Usually an application will outline the design (through plans and elevations), external appearance, required materials and impact mitigation, which we can submit and manage on your behalf. A householder PAA costs £96 (as of September 2020), with the application taking around 8 weeks to be determined.

Planning Consent

The purpose of planning consent is to regulate a property’s aesthetics, use and size, in-turn safeguarding the local area, whilst controlling over-development and protecting neighbouring property rights. Apart from the PD rights above, you will require planning consent if you wish to alter a property’s materials, mass, scale, or use. The Local Authority will look at how the proposal impacts the local area, amenity space, and adjacent neighbour’s (overlooking/loss of light). Whilst PD is a great process that allows householders to alter their house with relative ease, planning consent should not be neglected and can often unlock a property’s true potential. Householder applications can also be relative straightforward as long as the proposal is modest, neighbours don’t complain, and it’s in-keeping with the area’s characteristics (also assuming you’re not in a designated area). However, it can also become a long and drawn out political process, which is why PD is a good alternative if it can meet your requirements. A householder planning application costs £206 for extensions and garden buildings, and £462 for a new build property (as of September 2020), with the application taking around 8 weeks to be determined.

More information about planning and permitted development can be found here: https://interactive.planningportal.co.uk

If you require any further information about the planning or permitted development process, or wish to proceed with a potential project, please visit the ‘get in touch’ page to contact us. You can also visit our ‘how we work’ section to see the services we provide.