Permitted Development Rights
Many houses in the UK are given permitted development rights which are rights given to UK householders by the Government and not by the Local planning Authority. These permitted development rights also stimulate the UK economy as the government wants national targets to be met by the Local councils, and therefore PD rights exist on each property in the UK unless it is a listed building or other building of interest.
Many times we are asked to create applications without going through the planning process. sometimes clients are in a rush or are short of time and don't want the customary lengthy 8 week delay during the planning process and want to entirely eliminate this process altogether. This would make our jobs much easier, however this directly and proportionally increases our liability towards you, and so we would not recommend it. It is best to combine planning with permitted development and to complete your extensions in the correct order and sequence. Either you can choose the planning route, the permitted development route, or a combination of both.
Permitted development would only be granted based on prior approval from the local planning authority and early consultations would still be needed to gain prior approval.
Below I go through a few rules on permitted development which are derived from the Town and Country Planning (General Permitted Development) (England) Order 2015, but at the same time compare permitted development with planning permission.
1.0 Side Extensions
Cannot be more than half the width of the original house
Cannot extend more than 3 metres of the original house
Side Extension must not front onto the road
You cannot extend more than three metres out from the original house
2.0 Single Storey Rear Extensions
Under new rules you can extend to 8m for detached houses and 6m for other types of houses (e.g. semi-detached houses). In comparison with Planning permission the rules are generally 3m extensions for semi-detached houses and 4m extensions for detached houses.
For extensions greater than 4m you will need to give notification to your neighbours and with objections you may not be able to build an extension this large.
3.0 Double Storey Rear Extensions
Double storey extensions can only be up to 3m from the original house
Cannot be closer than 7 metres to the rear of the house
The shape of the roof must match the existing house
The side facing windows must be above 1.7 metres above the finished floor level
The roof pitch should match the pitch of the original house as closely as possible
The detailed rules are as follows:-
Under Schedule 2: Permitted development rights we have:-
PART 1 Development within the curtilage of a dwellinghouse
Class A – enlargement, improvement or other alteration of a dwellinghouse
Permitted Development
A. The enlargement, improvement or other alteration of a dwellinghouse.
Development not permitted
A.1 Development is not permitted by Class A if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);
(c) the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;
(d) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;
(e) the enlarged part of the dwellinghouse would extend beyond a wall which—
(i) forms the principal elevation of the original dwellinghouse; or
(ii) fronts a highway and forms a side elevation of the original dwellinghouse;
(f) subject to paragraph (g), the enlarged part of the dwellinghouse would have a single storey and—
(i) extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse, or
(ii) exceed 4 metres in height;
(g) until 30th May 2019, for a dwellinghouse not on article 2(3) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and—
(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or
(ii) exceed 4 metres in height;
(h) the enlarged part of the dwellinghouse would have more than a single storey and—
(i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or
(ii) be within 7 metres of any boundary of the curtilage of the dwellinghouse opposite
the rear wall of the dwellinghouse;
(i) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;
(j) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would—
(i) exceed 4 metres in height,
(ii) have more than a single storey, or
(iii) have a width greater than half the width of the original dwellinghouse; or
(k) it would consist of or include—
(i) the construction or provision of a verandah, balcony or raised platform,
(ii) the installation, alteration or replacement of a microwave antenna,
(iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or
(iv) an alteration to any part of the roof of the dwellinghouse.
A.2 In the case of a dwellinghouse on article 2(3) land, development is not permitted by Class A if—
(a) it would consist of or include the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles;
(b) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse; or
(c) the enlarged part of the dwellinghouse would have more than a single storey and extend beyond the rear wall of the original dwellinghouse.
Conditions
A.3 Development is permitted by Class A subject to the following conditions—
(a) the materials used in any exterior work (other than materials used in the construction of a conservatory) must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;
(b) any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse must be—
(i) obscure-glazed, and
(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed; and
(c) where the enlarged part of the dwellinghouse has more than a single storey, the roof pitch of the enlarged part must, so far as practicable, be the same as the roof pitch of the original dwellinghouse.
A.4—(1) The following conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).
(2) Before beginning the development the developer must provide the following information to the local planning authority—
(a) a written description of the proposed development including—
(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;
(ii) the maximum height of the enlarged part of the dwellinghouse; and
(iii) the height of the eaves of the enlarged part of the dwellinghouse;
(b) a plan indicating the site and showing the proposed development;
(c) the addresses of any adjoining premises;
(d) the developer’s contact address; and
(e) the developer’s email address if the developer is content to receive communications electronically.
(3) The local planning authority may refuse an application where, in the opinion of the authority—
(a) the proposed development does not comply with, or
(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with, the conditions, limitations or restrictions applicable to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).
(4) Sub-paragraphs (5) to (7) and (9) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.
(5) The local planning authority must notify each adjoining owner or occupier about the proposed development by serving on them a notice which—
(a) describes the proposed development, including—
(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;
(ii) the maximum height of the enlarged part of the dwellinghouse; and
(iii) the height of the eaves of the enlarged part of the dwellinghouse;
(b) provides the address of the proposed development;
(c) specifies the date when the information referred to in sub-paragraph (2) was received by the local planning authority and the date when the period referred to in sub-paragraph (10)(c) would expire; and
(d) specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the local planning authority.
(6) The local planning authority must send a copy of the notice referred to in sub-paragraph (5) to the developer.
(7) Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises.
(8) The local planning authority may require the developer to submit such further information regarding the proposed development as the authority may reasonably require in order to determine the application.
(9) The local planning authority must, when considering the impact referred to in sub-paragraph (7)—
(a) take into account any representations made as a result of the notice given under sub-paragraph (5); and
(b) consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.
(10) The development must not begin before the occurrence of one of the following—
(a) the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;
(b) the receipt by the developer from the local planning authority of a written notice giving their prior approval; or
(c) the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.
(11) The development must be carried out—
(a) where prior approval is required, in accordance with the details approved by the local planning authority;
(b) where prior approval is not required, or where sub-paragraph (10)(c) applies, in accordance with the information provided under sub-paragraph (2), unless the local planning authority and the developer agree otherwise in writing.
(12) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the impact of the proposed development on the amenity of any adjoining premises.
(13) The development must be completed on or before 30th May 2019.
(14) The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.
(15) The notification referred to in sub-paragraph (14) must be in writing and must include—
(a) the name of the developer;
(b) the address or location of the development, and
(c) the date of completion.
Class B – additions etc to the roof of a dwellinghouse
Permitted development
B. The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.
Development not permitted
B.1 Development is not permitted by Class B if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;
(c) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway;
(d) the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—
(i) 40 cubic metres in the case of a terrace house, or
(ii) 50 cubic metres in any other case;
(e) it would consist of or include—
(i) the construction or provision of a verandah, balcony or raised platform, or
(ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or
(f) the dwellinghouse is on article 2(3) land.
Conditions
B.2 Development is permitted by Class B subject to the following conditions—
(a) the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;
(b) the enlargement must be constructed so that—
(i) other than in the case of a hip-to-gable enlargement or an enlargement which joins the original roof to the roof of a rear or side extension—
(aa) the eaves of the original roof are maintained or reinstated; and
(bb) the edge of the enlargement closest to the eaves of the original roof is, so far as practicable, not less than 0.2 metres from the eaves, measured along the roof slope from the outside edge of the eaves; and
(ii) other than in the case of an enlargement which joins the original roof to the roof of a rear or side extension, no part of the enlargement extends beyond the outside face of any external wall of the original dwellinghouse; and
(c) any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse must be—
(i) obscure-glazed, and
(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
Interpretation of Class B
B.3 For the purposes of Class B, “resulting roof space” means the roof space as enlarged, taking into account any enlargement to the original roof space, whether permitted by this Class or not.
B.4 For the purposes of paragraph B.2(b)(ii), roof tiles, guttering, fascias, barge boards and other minor roof details overhanging the external wall of the original dwellinghouse are not to be considered part of the enlargement.
Class C – other alterations to the roof of a dwellinghouse
Permitted development
C. Any other alteration to the roof of a dwellinghouse.
Development not permitted
C.1 Development is not permitted by Class C if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) the alteration would protrude more than 0.15 metres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;
(c) it would result in the highest part of the alteration being higher than the highest part of the original roof; or
(d) it would consist of or include—
(i) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or
(ii) the installation, alteration or replacement of solar photovoltaics or solar thermal equipment.
Conditions
C.2 Development is permitted by Class C subject to the condition that any window located on a roof slope forming a side elevation of the dwellinghouse must be—
(a) obscure-glazed; and
(b) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
Class D – porches
Permitted development
D. The erection or construction of a porch outside any external door of a dwellinghouse.
Development not permitted
D.1 Development is not permitted by Class D if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) the ground area (measured externally) of the structure would exceed 3 square metres;
(c) any part of the structure would be more than 3 metres above ground level; or
(d) any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway.
Class E – buildings etc incidental to the enjoyment of a dwellinghouse
Permitted development
E. The provision within the curtilage of the dwellinghouse of—
(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or
(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.
Development not permitted
E.1 Development is not permitted by Class E if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);
(c) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;
(d) the building would have more than a single storey;
(e) the height of the building, enclosure or container would exceed—
(i) 4 metres in the case of a building with a dual-pitched roof,
(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or
(iii) 3 metres in any other case;
(f) the height of the eaves of the building would exceed 2.5 metres;
(g) the building, enclosure, pool or container would be situated within the curtilage of a listed building;
(h) it would include the construction or provision of a verandah, balcony or raised platform;
(i) it relates to a dwelling or a microwave antenna; or
(j) the capacity of the container would exceed 3,500 litres.
E.2 In the case of any land within the curtilage of the dwellinghouse which is within—
(a) an area of outstanding natural beauty;
(b) the Broads;
(c) a National Park; or
(d) a World Heritage Site,
development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.
E.3 In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
Interpretation of Class E
E.4. For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
Class F – hard surfaces incidental to the enjoyment of a dwellinghouse
Permitted development
F. Development consisting of—
(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or
(b) the replacement in whole or in part of such a surface.
Development not permitted
F.1 Development is not permitted by Class F if permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use).
Conditions
F.2 Development is permitted by Class F subject to the condition that where—
(a) the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and
(b) the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,
either the hard surface is made of porous materials, or provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.
Class G – chimneys, flues etc on a dwellinghouse
Permitted development
G. The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.
Development not permitted
G.1 Development is not permitted by Class G if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more; or
(c) in the case of a dwellinghouse on article 2(3) land, the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which—
(i) fronts a highway, and
(ii) forms either the principal elevation or a side elevation of the dwellinghouse.
Class H – microwave antenna on a dwellinghouse
Permitted development
H. The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.
Development not permitted
H.1 Development is not permitted by Class H if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) it would result in the presence on the dwellinghouse or within its curtilage of—
(i) more than 2 antennas;
(ii) a single antenna exceeding 1 metre in length;
(iii) 2 antennas which do not meet the relevant size criteria;
(iv) an antenna installed on a chimney, where the length of the antenna would exceed 0.6 metres;
(v) an antenna installed on a chimney, where the antenna would protrude above the chimney; or
(vi) an antenna with a cubic capacity in excess of 35 litres;
(c) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;
(d) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 0.6 metres measured from the highest part of the ridge tiles of the roof, whichever is the lower; or
(e) in the case of article 2(3) land, it would consist of the installation of an antenna—
(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;
(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or
(iii) on a building which exceeds 15 metres in height.
Conditions
H.2 Development is permitted by Class H subject to the following conditions—
(a) an antenna installed on a building must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and
(b) an antenna no longer needed for reception or transmission purposes is removed as soon as reasonably practicable.
Interpretation of Class H
H.3 For the purposes of Class H—
(a) the relevant size criteria for the purposes of paragraph H.1(b)(iii) are that—
(i) only 1 of the antennas may exceed 0.6 metres in length; and
(ii) any antenna which exceeds 0.6 metres in length must not exceed 1 metre in length;
(b) the length of the antenna is to be measured in any linear direction, and excludes any projecting feed element, reinforcing rim, mounting or brackets.
Interpretation of Part 1
I. For the purposes of Part 1—
“highway” includes an unadopted street or a private way;
“raised” in relation to a platform means a platform with a height greater than 0.3 metres; and
“terrace house” means a dwellinghouse situated in a row of 3 or more dwellinghouses used or designed for use as single dwellings, where—
(a) it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or (b) if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of paragraph (a); and
“unadopted street” means a street not being a highway maintainable at the public expense within the meaning of the Highways Act 1980(1)