Permitted Development Rights

The Town and Country Planning (General Permitted Development) (England) Order 2015 is, in effect, a national grant of planning permission. It operates by giving deemed planning permission in England for certain developments without the developer having to make a formal application to the local planning authority for planning permission.

In England, Permitted Development Rights cover a range of developments for residential, commercial, and industrial properties. In this article we shall focus on permitted development rights for existing residential property.

Some common examples of permitted development include:

1. Small-scale extensions: Certain types of extensions, such as rear extensions, loft conversions, and outbuildings, may be allowed under Permitted Development Rights, subject to size restrictions and other limitations.
2. Installation of solar panels: Permitted Development Rights allow the installation of solar panels on roofs or within curtilage (land within the boundaries of a property) subject to specific limitations and guidelines.
3. Certain types of alterations: Minor alterations to the external appearance of a building, such as the installation of satellite dishes, air conditioning units, or new windows, may be permitted under certain conditions

It is important to note that Permitted Development Rights are subject to specific criteria and limitations and conditions, such as restrictions on size, height, location, and design. One such condition on certain classes of permitted development is the need to submit an application to the local planning authority for its ‘Prior Approval’; or to determine if its ‘Prior Approval’ will be required. Additionally, there may be specific restrictions in conservation areas, areas of outstanding natural beauty, or other protected areas. It is advisable to check with the local planning authority or consult a professional, such as an architect or planning consultant, to determine the specific permitted development rights applicable to a property and to ensure compliance with the regulations.

It is also worth mentioning that Permitted Development Rights can be subject to change or restrictions imposed by the local planning authority. Increasingly you see planning permissions for new build properties contain planning conditions restricting the Permitted Development Rights, which result in development being brought under the control of the local planning authority. The local planning authority can also, in exceptional circumstances, make an Article 4 direction that will restrict Permitted Development Rights within a limited area. The withdrawal of Permitted Development Rights under an Article 4 direction means that deemed planning permission is no longer granted automatically and that a planning application needs to be made to the local planning authority.

Therefore, it is crucial to check the most up-to-date regulations and seek professional advice when considering any development or changes to a property, to avoid breaching planning control.

Frequently Asked Questions

What are Permitted Development Rights (PDR)?

Permitted Development Rights are planning rules that allow certain types of development to be carried out without submitting a full planning application, as long as the work meets specific limits and conditions.

What kinds of home improvements usually fall under PDR?

Common projects covered by PDR include:

· Rear and side extensions

· Loft conversions

· Outbuildings and garden rooms

· Rooflights and roof lanterns

· Replacing windows and doors

Do PDR apply to all residential properties?

No. PDR generally apply only if:

· The property is a single dwelling house (not a flat or maisonette)

· The property is not in a restricted area (e.g., Conservation Area, AONB)

· The home has not already exceeded allowed extension limits

What is ‘Prior Approval’?

Certain PDR projects require homeowners to ask the local planning authority to confirm:

· Whether prior approval is needed

· Or whether the authority approves the proposal, this normally applies to larger rear extensions, certain roof height increases, and some external installations (e.g., heat pumps).

Do PDR apply to listed buildings?

No. Listed buildings are exempt from PDR and always require planning permission for alterations.

Additional Examples

Example A

Homeowners using Prior Approval for larger extensions

Since the relaxation of larger extension rules several years ago, owners of semi-detached and detached homes continue to use the Prior Approval process for deeper rear extensions (6m for semis/terraces, 8m for detached homes). Local planning authorities report steady volumes of prior approval notifications especially in suburban areas where homeowners are opting to expand rather than move.

Example B

Homeowners exploring building upwards

Building an additional storey on to your house is also considered to be permitted development, subject to certain limits and conditions and an application for Prior Approval from the local authority. If you own a bungalow, you could therefore add an additional storey without planning permission, provided the floor area remains under certain limits. If you own a property with more than one storey, you could be allowed to add a further two storeys. This has become an appealing option for anyone looking to create family-friendly multigenerational homes, especially in areas where new housing stock is limited and space is at a premium.

Example C

Proposed conservatory addition

Kirsty and Steve are buying a property and are keen to add a small conservatory to the rear under the Permitted Development Rights. The property was built 5 years ago, and Kew Law establish that the original planning consent for the construction of the property includes a condition that removes the permitted development rights in relation to the properties on this estate, to allow the local authority to regulate and control the development in this area. Kew Law inform the clients and advise them that they will need to make a formal application for planning permission and there is no guarantee that consent will be granted. Kirsty and Steve are grateful for the information but decide to proceed anyway.