Permitted Development

April 6, 2012

Whilst the purpose of town planning is about regulating, there are some types of development that are automatically permitted. Known as Permitted Development Rights, this allows the householder to make some "minor" changes to their property without the need to apply for planning permission. This blanket approach doesn't however cover all areas. For example, if you live in an area that is designated(1), your permitted development rights will be more limited. Also, if your property is a Listed Building or is subject to an Article 4 Direction (2), there will be different requirements.

In 2008, the previous Government made changes to the Town & Country Planning (General Permitted Development) Order 1995 by introducing the Town & Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008. The purpose of the changes was twofold; to help simplify the permitted development process and in order to reduce the number of planning applications submitted to local authorities for determination. At that time, it was felt that the planning system was being unreasonably slowed down by minor planning applications at the expense of major planning applications.

The rules on permitted development are subdivided into a series of "parts". Part 1 deals specifically with development within the curtilage of a house (the area of land within which the house sits – often identified within the red line area on title deed documents). Some of the changes (but not an exhaustive list) include:-

Porches

  • When measured externally, porches can be up to 3sq metres.
  • Have a maximum height of 3 metres.
  • Be a minimum of 2 metres from the highway.

Roof Alterations and loft conversions

  • For terraced properties, the external increase in volume can be up to 40 sq metres.
  • For semi-detached and detached properties, the external increase in volume can be up to 50 square metres.
  • Materials to be used should be similar and above all, the proposal cannot result in any form of overlooking. Therefore, balconies, verandas and such like are not permitted and will require planning permission.

Extensions at Ground Level

  • Now principally governed by maximum dimensions (as opposed to the previous 1995 General Permitted Development Order which was based on volume increase). For example, the maximum depth of a single storey rear extension on a terraced property is 3 metres when compared to 4 metres in the case of a detached home.
  • The maximum eaves height of an extension within 2 metres of a boundary is 3 metres.

Decking and Raised Platforms 

  • Did you appreciate that in certain circumstances, decking or raised platforms are not permitted development?  If for example the decking or raised platform is higher than 30cm above ground level, it will require planning permission.
  • Taken with other extensions or alterations, the decking or platform area cannot cover more than 50% of the total garden area.

Detached Buildings

  • For detached buildings such as outdoor rooms and garages, their maximum height is a key consideration. For example, in the case of a dual-pitched roof, the maximum height is 4 metres and 3 metres elsewhere i.e. a monopitched roof.
  • Also, eaves height is limited to 2.5 metres or where within 2 metres of a boundary. In a technical guidance document produced by the Government in 2010, the eaves of a building is defined as the point on the roofslope where the outer wall would intersect if it continued upwards through the roof. On a flat roofed outbuilding, the eaves height is (oddly) defined as the top of the flat roof, not the underside of any overhang.
  • The original limit of building on no more than 50% of the original garden area still applies but detached buildings in close proximity to the house are no longer included with attached extensions.

Block Paving

  • If you are laying a new driveway and you use permeable (non porous) surfacing which allows water to drain through such as gravel, permeable concrete block paving or porous asphalt or if rainwater is directed to a lawn or border to drain naturally, planning permission is not required and is considered to be permitted development.
  • Should the surface to be covered be more than 5 square metres, planning permission would be required for laying traditional, impermeable driveways that do not control rainwater run-off onto roads.

The Green Agenda

  • To support the development of the microgeneration industry and to drive the quality and reliability of installations a Microgeneration Certification Scheme has been developed in partnership with the industry and other organisations representing consumer interests.
  • The Microgeneration Certification Scheme includes clear standards to support the installation of wind turbines and air source heat pumps. The main purpose of the scheme is to build consumer confidence in microgeneration technologies and to help move the industry to a sustainable position.
  • It includes certification for products and installer companies, and a code of practice based on The Office of Fair Trading Consumer Code. Permitted development rights for wind turbines and air source heat pumps will only be accorded for equipment installed by an installer who has been certificated through the scheme using a certificated product. The installer is therefore responsible for ensuring that the installation meets permitted development noise standards at the time of installation.

No matter how large or small the development project, it is of vital importance to establish whether the proposal can be undertaken within permitted development parameters.  The above is not in any way exhaustive; its purpose is simply awareness raising. For a more comprehensive understanding of the subject area, please visit www.doineedplanningpermission.co.uk

(1)A designated area is an area which has been recognised for its quality and policies have been put in place to protect it. Examples of designated areas include national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage sites. If you own a property which is located within a designated area, you should seek professional advice before carrying out any works.

(2)In vulnerable areas, the local planning authority may introduce specific controls to help protect features of importance to the character or appearance of a conservation area by serving what is known as an Article 4 (2) Direction. This means that works identified in the Direction would constitute development and therefore permission involving an application would be required. For example, if you live in a conservation area in which an Article 4 (2) Direction applies, it may not be possible to replace doors and windows, roofing materials or indeed demolish without prior consent from the local planning authority; meaning you will have to apply for permission before you carry out any proposed works. If in doubt, please contact your local planning authority.

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4/15/2012 11:15:06 AM, Colorado window film says:

We live in low land so do not control rainwater run-off onto roads.

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