Class A to H Permitted Development explained.

Starting 1st October 2008

QUOTE: "Laws are often made by fools, and even more often by men who fail in equity because they hate equality: but always by men, vain authorities who can resolve nothing".

The wording of the statutory instrument (2008 No. 2362) relating to the Permitted Development rights for a residential property does not make for easy reading.  Rather than telling you what you can build or install it seems to state a whole load of reasons for what you cannot build.

However, once you get your head around this way of wording a legal document it does become a bit clearer after a few readings.

Here is our interpretation of what you can build:-

Changes to Householder Permitted Development Rights

Information about the changes to the legislation are provided by the Office of Public Sector Information or general guidance by the Planning Portal. The government has changed the Permitted Development Rights for houses. These changes came in to force on the 1 October.2008.

These new regulations may mean you will not need permission to carry out the development in some cases and in others, like new driveways, it will mean that you will. It is important to check with the Planning Department whether permitted development rights for your property have been varied or waived before starting any work. The Planning Portal can help with their Interactive Householders Guide.

Home owners should be aware that the Planning Portal is unable to give specific advice relating to individual properties. For example, it does not contain information on whether or not a property is Listed, located within a Conservation Area or subject to restrictive conditions attached to previous planning permissions.

Some proposals which were previously “permitted development” will now require planning permission, including, for example, certain roof extensions and conservatories or rear extensions over 3m in length. One major change is that new or replacement paving or surfacing of a front garden will now require permission where it is more than five square metres, is not porous or where run-off cannot be channelled to a porous area in the curtilage, such as a garden border. Another change is that any upper floor side-facing windows, in an otherwise permitted development scheme, will have to be fitted with obscured glazing. New controls have also been introduced for balconies, verandas and decking.

It should be born in mind that these changes in the Planning rules for householders wishing to extend or alter their properties, will not affect their requirement to make a Building Regulations application (which principally deals with health and safety aspects of the building)

There are also changes to the rules regarding outbuildings, roof alterations, solar panels, chimneys, flues and soil and vent pipes.

Download documents and diagrams of useful

Permitted Development information

All the following areas of development are subject to change, these links to the Planning Portal website provide more detail:

• Roof
• Conservatories
• Decking
• House Extensions
• Flue, Chimney or Soil and Vent Pipe
• Fuel Tanks
• Garage conversions
• Loft Conversions
• Patio and Driveway (more guidance is available from the Department of Communities and Local Government)
• Paving and Front Garden

If you wish to gain a formal opinion as to whether or not planning permission is required for proposed work you intend to complete then you will need to submit a certificate of Lawfulness or a Certificate of lawful development in order to obtain a legal determination from the Council.

You can download the full regulations: "The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008" from the Office of Public Sector Information (Statutory Instrument 2362 )

While the overall aim was to relax the planning regime, the proposals also introduce a need for planning applications for householder developments with potential adverse impacts, which are currently allowed.

The proposals will create a national legislative framework based on development impact, but the Government is also keen to ensure that local planning authorities have flexibility to amend permitted development rights locally where it is appropriate for their area.  This means that the national rules of the new Permitted Development requirements cannot be taken for granted that they can be applied for all situations in all councils.  This could end up in total confusion with many people falling into 'technicality traps' where they have failed to check with the Council or obtain a Certificate of Lawful Development.

Restrictions on Permitted Development Rights

In some areas of the permitted development rights are more restricted. If you live in a conservation area you will need to apply for planning permission for certain types of work which do not need an application in other areas. If your proposal affects a listed building, it will be necessary to obtain Listed Building Consent before undertaking any work.

Listed Buildings are protected by law and it is an offence to carry out works to them without consent. If you are uncertain whether a building is listed contact your Council and check first. If you are thinking of carrying out works to a Listed Building, you are strongly advised to seek the advice of either the Councils Conservation Area Officer or a professional Building Design Agent.

You should also note that the council may have removed some of your permitted development rights by issuing an Article 4 direction on the original or subsequent Planning Approvals to the property. Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas or in areas of high density. You can check with the council if you are not sure. This will mean that you have to submit a planning application for work which normally does not need one.

We strongly recommend that you always check with the council before proceeding. You can get confirmation that planned works are eligible for permitted development rights by making an application for a Certificate of Lawful development. If you have completed the works but are being challenged as to their status with regard to permitted development rights you make may a similar application for a Certificate of Lawful development to establish validity of the scheme.