Not all householder development requires express planning permission; instead, it may fall under the rules of Permitted Development. In these cases, you can bypass the complications of a planning application.
Rules still do apply, however. Permitted Development is often misunderstood, as there are a lot of intricacies involved. As planning law specialists, we can advise you on your project and whether you comply with permitted development, or need to make a planning application.
What is permitted development?
Permitted Development Rights (PDR) allow you to make minor alterations to your home without obtaining express planning permission from the local planning authority. These Rights vary depending on the circumstances, as per The Town and Country Planning (General Permitted Development) (England) Order 2015.
The rules of PDR are divided into Parts. For example, Part 1 covers the development within the curtilage of a house (meaning, the immediate surroundings of a dwelling), with each type of development then divided into Classes. Part 2 covers ‘minor operations’, i.e., gates, fences and other enclosures. We provide examples of what you can build under Permitted Development in the next section.
It’s worth noting that, while you may not always need an express planning permission as permitted development covers your project, you will still need to comply with Building Regulations. The PDR may require Prior Approval.
Permitted development examples
Some of the property alterations that can fall under permitted development include:
- Rear building, side or two-storey extensions
- Outbuildings, such as sheds, greenhouses and swimming pools
- Solar panel installations (restrictions apply)
- Loft conversions
- Garage conversions
However, as with all property developments and changes, rules apply to many of the above. For one, while PDR rights apply to outbuildings, these outbuildings must be single storey and can’t have raised platforms or balconies. You can read our guide on permitted development rules for outbuildings here.
What is planning permission?
Planning Permission is the formal consent for property development granted by Local Planning Authorities. There are different types of planning permission, such as outline, detailed and householder planning consent.
As per section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning is needed for the “carrying out of any development on land” which is not covered by PDR. This means that you need approval to:
● Build a new structure on your land
● Make significant changes to your building
● Change Use
We cover Changes of Use in more detail later, and you can read our comprehensive guide to planning permission here.
What’s the difference?
If the proposed changes are likely to have a significant impact on the surrounding environment, then you will likely need planning permission. If the changes are minor, then they may fall under permitted development, but the Rules are not easy to follow.
An example is when building an outbuilding within the curtilage of your residential property. If it exceeds 50% of the land, then you must apply for planning permission. But is it within curtilage? It might not be.
Note that as with general rules, however, we’d always recommend seeking legal advice before proceeding with your project. We at Kingsley Smith Solicitors are here to answer all your questions and support you in any way possible.
Change of Use
A Change of Use refers to a change in a building’s purpose, such as from residential to commercial premises like a holiday let. These changes may require planning permission, but there are changes which are PDR.
There are some circumstances where planning consent is not needed, such as when the proposed use falls within the same Use Class as the building’s current use. For instance, you could turn a hotel into a boarding school, as they both fall within Class C. See a list of Use Classes here.
Permitted development also covers some Changes of Use to move from commercial premises into new homes. But again, there are prior approval conditions. Where external building works are needed to facilitate changes, then you may still need to apply for planning permission. As always, it’s best to speak to a planning expert before proceeding with your project. Read more about Change of Use here.
When does permitted development not apply?
There are also some residential properties which are excluded from permitted development:
- Property type - permitted development only applies to houses. It does not cover flats, maisonettes, or Listed Buildings.
- Conservation areas - if you live in a conservation area or National Landscape (previously Area of Outstanding Natural Beauty), then restrictions apply.
- Article 4 Directions - local councils have the right to restrict and remove PDR. Article 4 Direction is their tool to do so. Always check with your local council if Article 4 Directions affect your property.
- Conditions – your house might not have PDR or only restricted PDR as such were removed when earlier development was permitted e.g. in Green Belt.
Some developments also require Prior Approval from Local Planning Authorities before work can begin. Make sure to check with your local council and notify them of any planned projects to ensure you always comply.
Even if your project falls under permitted development, we recommend applying for a Lawful Development Certificate. This certifies that your development is lawful and therefore immune from enforcement action.
Our solicitors can help you with this. We have years of experience and know that no two certifications are alike. As a small planning law firm, we’re dedicated to your case and ready to fight your corner.
Checking your rights
You can find out about your permitted development rights via GOV.uk, the planning portal, or our friendly team here at KS Law. Our planning law expert Nicholas Kingsley-Smith can advise you on your rights and support you with planning applications or a Certificate of Lawful Development.
Please speak to our team on 01634 811 118 or complete our online enquiry form, or browse our planning law services today.