Planning: Guidance on Permitted Development Rights

Work may only be carried out utilising Permitted Development Rights provided it falls with a current PD Use class excemption. In some instances rights are temporarily granted.

Reference should be made to the The Town and Country Planning (General Permitted Development) (England) Order 2015

Where your building/site is Listed [or within the curtilage of a Listed Building] , or within a Conservation Area, or within a area of Special Scientic Interest - FULL planning permission would be required.

PD rights may also have been removed by an Article 4 direction, if so then a FULL planning application would be required.

Current PD Rights

Schedule 2: Part 1 Development within the Curtilage of a Dwellinghouse

Note that the original dwelling is the house as it existed in 1948 and would exclude any extensions after this date.

Class A: Enlargment Improvement or Other Alteration to a Dwellinghouse

1. Rights are removed where permision for the dwellinghouse has been granted by Class M, N, P or Q Part 3: Change of Use
2. Total Area of ground covered by buildings other than the 'original' dwellinghouse would exceed 50% of the total curtilage.
3. The height of the enlarged part must not exceed the height of the highest part of the roof of the existing dwelling.
4. The eaves must not be higher than the original dwelling
5. The extension/alteration must not extend beyond the principal elevation of the original dwelling house
6. The extension/alteration fronts a highway and forms a side elevation of the original dwelling
7. Rear single storey extensions must not
   • extend more than 4m if the dwelling is detached and 3m for other dwellings
   • Must not exceed 4m in height
8. Rear extensions greater than single storey
   • extend more than 3m or
   • Must not be within 7m of any boundary of the curtilage opposite the rear wall
9. Within 2m of the boundary the eaves of the extension/alteration must not exceed 3m
10. Side extensions
    • Must not exceed 4m in height
    • Need to be single storey ,
    • Planning permission wiuld be needed for two storey including an extension over an original single storey
    • Must not have a width greater than half the width of the orignal dwelling 9excluding previous extensions
11. Planning permission is required for any of the following;-
    • A verandah, Balcony or Raised platform
    • Installation, alteration or replacement of a microwave antenna
    • Installation, alteration or replacement of a chimney, flue or soil and vent pipe
    • Alteration to any part of the roof of a dwellinghouse
12. In the case of a dwellinghouse on Article 2 (3) land development is not permitted by Class A if
    • If it consists of cladding of any part of the house with stone, artificial stone, pebble dash, render, timber, plastic or tiles
    • The enlarged part of the dwelling would extend beyond a wall forming a side elevation of the original dwelling
    • The enlarged part of the dwelling would have more than a single storey ad extend beyond the rear wall of the original dwellinghouse.
13. The above criteria would include any previous extensions. It is not acceptable to extend beyond a previous extension.
14. Conditions:
    • Materials must be of similar appearance to the existing dwelling
    • Upper floor windows located in a wall or roof slope forming a side elevation must be
      • obscure glazed and
      • none opening unless the opening window is more than 1.7m above the floor of the room
    • For extensions greater than single storey the roof pitch must be the same as the original dwelling
15. Larger Rear extensions (except on article 2 (3) land - subject to a Neighbour Prior Consultation process [carried out by the Planning Departmnet]
    This requires the same drawings to be submitted as a statutory application but is a reduced process.
    
• Item 7 can be extended up to 8m for detached dwellings and 6m for other dwellings.
• The height still needs to be 4m max
• However, development must not commence until a written submission has been made to the local authority and written approval received :-
  • Written description of the propsoed development stating
  • how far the enlarged part of the dwelling extends beyond the rear wall
  • the max hieght to ridge of extension and the eaves height
  • A plan indicating the proposed site and showing the propsoed development
  • the address of any adjoining premises
  • the developers contact address and email address
  • It is always better to submit drawings showing the details, as this avoids a request for drawn information to be submitted and further consultation to be made.
• The LA may refuse the application , where it considers it does not comply with PD rights, or insufficient information has been provided to enable the authority to make a decision
• The LA will notify adjoining owners and give them 21 days to respond

Class B: Additions to the Roof of a Dwelling

1. Rights are removed where permision for the dwellinghouse has been granted by Class M, N, P or Q Part 3: Change of Use
2. Any of the dwelling would exceed the height of the highest part of the roof (this includes installing dormer windows)
3. Any part of the dwelling as a result of the works would extend beyond the plane of an existing roof slope which forms the principal elevation fronting a highway (ie dormer windows or gabled roof extensions)
4. The cubic content of the resulting roof space would exceed the cubic content of the original roof by more than
   • 40 m3 for a terrace house
   • 50 m3 in any other case.
5. It must not include/be
   • A verandah, balcony or raised platform
   • Installation, alteration or replacement of a chimney, flue or soil and vent pipe
6. Approval is required where the dwelling is on article 2(3) land
7. Conditions:
   • Materials must be of similar appearance
   • Other than in the case of a hip to gable enlargement which joins the original roof to the rear or side extension -
     • the eaves of the original roof are maintained or reinstated
     • the edge of the enlargement closest to the eaves of the original roof is so far as practicable not less than 0.2m from the eaves measuring along the roof slope from the outside edge of the eaves.
   • 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
   • Any window on a wall or roof slope forming a side elevation must be obscure glazed and none opening uless above 1.7m from the floor
   • Roof tiles, guttering, fascias, barge boards and other minor roof details overhanging the external wall of the original dwelling are not considered part of the enlargement.

Class C: Other Alterations to the Roof of a Dwelling

1. ..

Class D: Porches

1. ..

Class E: Buildings Incidental to the enjoyment of a Dwelling

1. ..

Class F: Hard Surfaces Incidental to the enjoyment of a Dwelling

1. ..

Class G: Chimneys, Flues etc on a Dwelling

1. ..

Class H: Microwave Antenna on a Dwelling

1. ..

Part 2 Minor Operations

Class A: Gates, Fences, Walls

1. ..

Class B: Means of Access to a HIghway

1. ..

Class C: Exterior Painting

1. ..

Class D: Electrical Outlets for Recharging Vehicles

1. ..

Class E: Electrical Upstands for Recharging Vehicles

1. ..

Class F: CCTV Cameras

1. ..

Part 3: Change of Use

Key dates and conditions apply. Written Requests and Prior Approval Notices often required.

Class A: Restaurants, Cafes, Takeways or Pubs to Retail

Class B: Takeaways or pubs to restaurants and cafes

Class C:Retail, Betting Office or Pay Day Loan shop or casino to Restuarant or cafe.

Class D: Shops to Financial and Proffessional

Class E: Financial, Professional or Betting office or pay day loan shop to Shops

Class F: Betting offices or pay day loan shops to financial and professional

Class G: retail or betting office or pay day loan shop to mixed use

Class H – mixed use to retail

Class I – B2 General Industrial and B8 General Business conversions to B1 Business

Class J – retail or betting office or pay day loan shop to assembly and leisure

Class K – casinos to assembly and leisure

Class L – small HMOs to dwellinghouses and vice versa

Class M – A1 Retail or A2 Financial , betting office or pay day loan shop to C3 Dwellinghouses

Class N: Specified sui generis uses to C3 Dwellinghouses

Class O : B1 Offices to C3 Dwellings - 29 May 2013 other key dates

Class P – Storage or distribution centre to dwellinghouses

Class Q – agricultural buildings to dwellinghouses

Class R – agricultural buildings to a flexible commercial use

Class S – agricultural buildings to state-funded school or registered nursery

Class T – business, hotels etc to state-funded schools or registered nursery

Class U – return to previous use from converted state-funded school or registered nursery

Class V – changes of use permitted under a permission granted on an application