New Permitted development rights for householders
for a period of 3 years.
Restriction dates now removed! see *Update 2019
Householders will be able to build larger single storey rear extensions.
The size limits have doubled from 4 to 8m for detached dwellings and 3 to 6m for other dwellings.
The homeowner needs to notify the local planning authority however, that they are wishing to build a larger single story extension. This requires;
- a written description of proposal with length beyond the original house rear wall and heights.
- the provision of a plan of the site showing the proposal.
- the address of all adjoining properties including the rear.
- a contact address for the developer with email address
This carries no Local authority Fee. (with the date restriction removed this may well carry a charge for the Local Authorities, although nothing has been decided as yet) see *Update 2019
Please also Note: The local authority may ask for further information and design details to be able to assess the impact of amenity of adjoining properties. ALL CONSERVATION AREAS AND LISTED BUILDINGS WORKS REQUIRE A FORMAL PLANNING APPLICATION.
The Local authority has a 42 day (6 weeks) determination period in which to respond (opposed to the 6-8 weeks planning application period) and will serve notice on adjoining owners or occupiers including the rear neighbours, this will include;
- full details of the proposed scheme, where and what the development is.
- details of when the application was received and when the determination period ends.
- details of how long the neighbours have to make objections with dates (this is a 21day min)
- a copy of notice will be sent to developer also.
If an objection is received, the Council will take this into account and make their decision based on impact on the amenities of all adjoining properties. No other issues will be considered.
The development can go ahead if the Council notifies the builder that there were no objections, or that there were objections but these have been considered, taken into account and dismissed.
- This must be done within the 42 day period
- If refused, the developer may appeal.
- The building must be built in accordance with details approved by Local Authority (LA) with any changes in writing by the LA. If there is no response from the LA it can be built in accordance with details submitted in the notification.
- All other relevant limitation still applies as set out in the PD Technical Guidance Class A. (see details in the planning portal link)
- The extension MUST be completed on or before 30 May 2016 and the developer must notify the local authority in writing of the date of completion.
NOTE. Building Regulation approval will still be required.
Also for homeowners wanting to sell the property on, a Certification of lawfulness will be required. This is usually the same cost as a planning application. It is therefore, always worth considering a formal planning application from the start. It may save you time and costs in the long run, especially if you think the neighbours could be a problem.
If you want to discuss your scheme or would like a quotation for implementing this work on your behalf please feel free to contact Dawn Hare of DMH Architectural services for an informal chat.
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The Town & Country Planning (General Permitted Development) Order 1995 (“the GPDO”) grants automatic planning permission for certain alterations to dwellings. These are called permitted development rights.
Always seek advised first to check.
The main changes can be summarised as follows:
Rear and side extensions
The current volume allowances for extensions are replaced by the following permitted development rights:
? Permission to build a single storey rear extension up to 4m (in the case of a detached house) or 3m (in the case of any other house) out from the rear wall of the original house.
? Permission to build a 2-storey rear extension up to 3m behind the rear wall of the existing house, but not extending closer than 7m from the rear boundary of the property.
? Permission to build a single storey side extension not exceeding 4m in height, no wider than half the width of the original house and which does not front a highway.
If any extension comes within 2m of any side or rear boundary of the property, the eaves height of the extension must not exceed 3m.
In conservation areas, side extensions of any height and rear extensions of more than 1 storey are not allowed.
Loft conversions and other roof extensions
Put simply, loft conversions will not require planning permission where:
? The volume of the roof space is not increased by more than 40 cubic meters in the case of a terraced house or 50 cubic meters in any other case.
? They do not extend beyond the plane of the existing roof slope which forms the main elevation of the house fronting the highway and
? Any enlargement, except of hip-to-gable construction, must be set back at least 20cm from the eaves, so as to avoid an entire roof being replaced.
Paving etc of front gardens
In order to address concerns about water run-off and flooding, the laying or replacement of a hard surface exceeding 5 sq m within the curtilage of a house no longer enjoys permitted development rights unless it is porous, so that water can permeate to the ground.
Guidance on permeable surfacing of front gardens can be found on www.communities.gov.uk.
Commentary
These changes will give householders greater scope to extend and improve their homes without going to the time and expense of applying for planning permission. They will however increase the scope for neighbour disputes.
Remember Building Regulations nearly always are required for developments.
*UPDATE 2019
Part 2 of these Regulations amend the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the Order”) (S.I. 2015/596).
Regulation 3 amends the definition of “transport undertakers”, in article 2(1) of the Order for the purposes of interpreting Class C of Part 9 of Schedule 2 to the Order.
Regulation 4 makes permanent the existing temporary right to enlarge a dwellinghouse by up to 8 metres in the case of a detached dwellinghouse or by 6 metres in the case of any other dwellinghouse, as permitted by Class A of Part 1 of Schedule 2 to the Order. It removes the time limiting date of 30th May 2019, as well as conditions which required development to be completed by that date.
Regulation 5 increases the height limit of electrical upstands and outlets for recharging electric vehicles to 2.3 metres, as permitted by Class E of Part 2 of Schedule 2 to the Order. It also clarifies that the previous height limit of 1.6 metres still applies to upstands and outlets within the curtilage of a dwellinghouse or block of flats.
Regulation 6 inserts a new Class JA into Part 3 Schedule 2 to the Order to introduce a new permitted development right allowing the change of use of a building falling within Class A1 (shops), Class A2 (financial and professional services), or Class A5 (hot food takeaways) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) (“the Use Classes Order”); or a betting shop, pay day loan shop or launderette, to a use falling within Class B1(a) (offices) of that Schedule. The new permitted development right contains limitations and conditions on how it will operate. The date, 29th of October 2018, as referred to in the new right reflects the publication date of the consultation where this right was proposed, Planning Reform: supporting the high street and increasing the delivery of new homes. A copy of the consultation can be found here: https://www.gov.uk/government/consultations/planning-reform-supporting-the-high-street-and-increasing-the-delivery-of-new-homes
Regulation 7 extends Class M of Part 3 of Schedule 2 (retail and specified sui generis uses to dwellinghouses) to permit buildings with a use falling within Class A5 (hot food takeaways) of the Use Classes Order to also change use to a dwellinghouse.
Regulation 8 clarifies that the floor space of any dwellinghouse created by Class Q of Part 3 of Schedule 2 to the Order cannot exceed 465 square metres.
Regulations 9, 12 and 15 amend references to the National Planning Policy Framework 2012 to the most recent version of the National Planning Policy Framework which was published by the Ministry for Housing, Communities and Local Government in February 2019. The footnotes to these references have also been updated to reflect where this document can be obtained electronically online.
Regulation 10 clarifies that buildings which are in use as a temporary state-funded school as permitted by Class C of Part 4 of Schedule 2 to the Order, will retain the use or use class they had before becoming a temporary state-funded school for the purposes of Classes S and T of Part 3 of Schedule 2 to the Order. This will enable agricultural buildings which are in use as a temporary state-funded school, as permitted by Class C of Part 4 of Schedule 2 to the Order, to change use to a state-funded school permanently, as permitted by Class S of Part 3 of Schedule 2 to the Order. This will also enable buildings that fall within Class B1 (business), Class C1 (hotels), Class C2 (residential institutions, Class C2A (secure residential institutions) and Class D2 (assembly and leisure) of the Use Classes Order which are in use as temporary state-funded schools, to change use to a state-funded school permanently, as permitted by Class T of Part 3 of Schedule 2 to the Order.
Regulation 11 extends Class D of Part 4 of Schedule 2 (shops, financial, cafes, takeaway etc to temporary flexible use) to the Order, to include certain Class D1 (non-residential institutions) uses of the Use Classes Order as a permitted temporary flexible use. These named Class D1 (non-residential institutions) uses are Class D1(a) the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner, Class D1(d) the display of works of art (otherwise than for sale or hire), Class D1(e) museum, Class D1(f) public library or public reading room, and Class D1(g) public hall or exhibition hall. Regulation 11 also extends the period of time that a building can be in a temporary flexible use from 2 years to 3 years.
Regulations 13 and 14 clarify that a building that is in use as an office as permitted by Class JA of Part 3 of Schedule 2 to the Order (as introduced above), cannot benefit from the permitted development rights in Classes F and G of Part 4 of Schedule 2 to the Order which are available to office buildings generally.
Regulation 16 amends Class 16 of Part 1 of Schedule 3 by removing permission for the installation, alteration or replacement of a public call box by, or on behalf of an electronic communications code operator.
Regulation 17 of Part 3 of these Regulations amends the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783) by removing deemed consent to display an advertisement on the glazed surface of a telephone kiosk.
Part 4 of these Regulations amends the Town and Country Planning (Compensation) (England) Regulations 2015 (“the Compensation Regulations”) (S.I.2015/598).
Regulation 18 amends the Compensation Regulations to add the new class JA of Part 3 of Schedule 2 to the Order into the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the Compensation Regulations. The effect of this regulation is that if a local planning authority withdraws the new permitted development right by issuing a direction under article 4 of the Order, compensation is only payable in respect of planning applications made within 12 months beginning on the date that the direction took effect. The Compensation Regulations also allow local planning authorities to avoid compensation liability on withdrawal of the new permitted development rights by publicising their intention to make an article 4 direction at least one year, and not more than two years, ahead of the article 4 direction taking effect.
Regulation 19 of Part 5 of these Regulations make transitional and savings provisions.
A copy of the National Planning Policy Framework may be viewed online at https://www.gov.uk/government/publications/national-planning-policy-framework--2 or a copy may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.
An assessment of impact has been completed. Copies may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.
