If you are completely sure your project is permitted development you can start your building work. For proof that your building work is lawful you should apply for a lawful development certificate. If your project does not qualify as permitted development you will need to submit a planning application.

Types of Permitted Development Rights

1. Class A – Extensions (enlargement, improvement or alteration)
2. Class B – Additions to the roof.
3. Class C – Other alterations to the roof.
4. Class D – Porches.
5. Class E – Buildings etc. (outbuildings)
6. Converting Commercial and Agricultural Buildings.

The Planning Portal’s general advice is that you should contact your local planning authority and discuss your proposal before any work begins. They will be able to inform you of any reason why the development may not be permitted and if you need to apply for planning permission for all or part of the work.

Works that require planning permission will require an application to be submitted, whereas those that fall within Permitted Development rights do not. … Permitted Development Rights technically require no decision time but the application for a “Certificate of Lawfulness”. We on your behalf will apply for a “Certificate of Lawfulness” to the local authority. The process is very similar to a Planning Application however there is no need for the local authority to consult your neighbours unlike a planning application. The application time scale is similar to applying for full planning permission 6 to 8 weeks and there is a fee payable to the local authority that we would advise you on.

If there are no objections your extension can go ahead. If your adjoining neighbour raises an objection with the 21 day period then the local authority will make the final decision on whether your extension can go ahead.

Like planning permission, permitted development is regulated through your local planning authority. You should always speak to a qualified architect or designer to make sure your plans are compliant before you start building, and consider applying for a lawful development certificate.

Planning permission and building regulations. An extension or addition to your house is considered to be permitted development, not requiring an application for planning permission, subject to set limits and conditions. … Most extensions of properties require approval under the Building Regulations.

Keep in mind that there are lots of types of project that can be built under Permitted Development that would not be approved as a Planning App. … If you make a planning application and it does not meet the local planning guidance, then it will be refused even if the work is PD.

When planning permission was first granted to build your house, the council may have imposed a planning condition removing your permitted development rights, so that you will need planning permission even for very small extensions and minor alterations. … It is especially common on houses built since the 1970s.

If you are completely sure your project is permitted development you can start your building work. For proof that your building work is lawful you should apply for a lawful development certificate. If your project does not qualify as permitted development you will need to submit a planning application.

The Planning Portal’s general advice is that you should contact your local planning authority and discuss your proposal before any work begins. They will be able to inform you of any reason why the development may not be permitted and if you need to apply for planning permission for all or part of the work.

Keep in mind that there are lots of types of project that can be built under Permitted Development that would not be approved as a Planning App. … If you make a planning application and it does not meet the local planning guidance, then it will be refused even if the work is PD.

The previous version of the legislation, the GPDO 1995, came into force on 3 June 1995, and was introduced by Statutory Instrument 1995 No. 418. During the time it was in force (i.e. from 3 June 1995 until 14 April 2015), the GPDO 1995 was amended by a number of subsequent statutory instruments.

You can use PD rights as often as you like but your allowances for extension work can be used only once. If you are buying a property, it is your responsibility to find out what PD rights have been used, modified or withdrawn.

If you have been refused a lawful development certificate by the local planning authority (LPA) then you can appeal that decision. … If the LPA refuses such an application for a lawful development certificate then you can appeal that decision, and the Planning Inspectorate will review your submission.

A planning application will take a maximum of 10 weeks to be decided, consisting of a 2-week validation period and an 8-week decision period. Permitted Development Rights technically require no decision time but the application for a COL can also take 10 weeks depending how busy your local authority is at the time of application.

When planning permission was first granted to build your house, the council may have imposed a planning condition removing your permitted development rights, so that you will need planning permission even for very small extensions and minor alterations. … It is especially common on houses built since the 1970s.

It may, for instance, be possible to alter your plans to ensure they meet permitted development limits and conditions. For peace of mind you may choose to apply for a lawful development certificate (LDC). This is not the same as planning permission but is proof that your household building work is lawful.

Permitted development rights do still exist in conservation areas, although they are reduced. However, in some cases, permitted development rights may be completely removed if there is an Article 4 direction associated with your conservation area.

If you are planning on building an extension of more than one story you cannot go beyond the boundary at the rear by more than 3 meters. … With this, they take the closest window to your build on your neighbour’s property and if it breaches the ‘imaginary line’ then planning permission can be denied.

The dormer loft conversion includes a balcony, veranda or raised platform. … To fall within the conditions of permitted development, any side facing windows must be obscured glass, and only able to open at a height of 1.7 metres above the floor of loft room.

Definition of lawfulness and its limits

In summary, lawful development is development against which no enforcement action may be taken and where no enforcement notice is in force, or, for which planning permission is not required.

An extension or addition to your house is considered to be permitted development, not requiring an application for planning permission, provided certain limits and conditions are met. … No more than half the area of land around the “original house”* would be covered by additions or other buildings.

You do not normally need planning permission to replace or add new windows in the original walls of your house. However, you may need planning permission if conditions were attached to the original permission. Double glazing can be installed under PD, providing the building is not listed.

Costs of a lawful development certificate

The cost of an application for a lawful development certificate is 50% of the cost of the corresponding planning application. For a householder project, the LDC would, therefore, be £118 as at April 2020 but these may vary, and it is advisable to check with your local authority

When granting permission, conditions may be attached to the decision that limit or remove permitted development rights. This applies to the individual property, and may restrict further extensions or alterations. … ‘ It removes the right to any permitted development on any of the land referred to within it.

An article 4 direction is made by the local planning authority. It restricts the scope of permitted development rights either in relation to a particular area or site, or a particular type of development anywhere in the authority’s area.

Is there a time limit on permitted development? Usually no, but in May 2013 a range of permitted development rights were brought into force which are time limited. So for example, the permitted development right that allows change of office use to residential use, applies between 30 May 2013 and 30 May 2016.

The ‘4 Year Rule‘ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — not through compliance with space standards — and can be continued without the need for planning permission.

Possible revocation of a certificate

If a false statement is made or document used, or any material information is withheld, the planning authority can revoke a Lawful Development Certificate. … But the decision may be contested in the High Court on the ground that the authority acted unreasonably in making the decision.

In most cases Juliet balconies are considered Permitted Developments. As such, they shouldn’t need planning permission but there are a few exceptions: The Juliet balcony has a floor, no matter how slim, it will be considered a raised platform and will need planning approval.

These are a national grant of Planning Permission which allow certain building works and changes of use to be carried out without having to make a Planning Application. They are subject to conditions and limitations in order to control impacts and to protect the local amenities.

In layman’s terms: you can do certain alteration to your property under your Permitted Development Rights.
Most homeowners can usually use their Permitted Development Rights and apply for a Certificate of Lawfulness instead of submitting a Planning Application.

Applying for a Certificate of Lawfulness and exercising your Permitted Development Rights is similar to submitting a householders Planning Application, but your neighbours are not consulted and do not need to give their approval. Often you can build a larger single story rear extension, subject to certain criteria. Bricks and Pieces will be happy to explain Your Permitted Development Rights, the options for your proposed build and the best way to procced.

Either: Permitted Development route or the house holders Planning Application route.

Another advantage of building using Your Permitted Development Rights, is that the local authorities application fee is usually 50% of their normal Planning Application fee (currently averaging £126 – Oct 2020) 

As tempting as it is to finally get the contractors started and begin building without planning permission, there are risks and you may be subjected to a planning breach. … However, anything that requires the creation of a new house, or extensive changes to an existing building will usually require planning permission.

Planning permission is the consent of your local authority on a proposed building project and is in place to deter inappropriate development. The building of a new dwelling, or extensive changes to existing buildings, usually requires planning permission.

After the decision

In England, it is not possible for a third party to appeal against a local planning authority’s decision. For example, if your neighbour was granted permission to build an extension you could not appeal against it, even if you objected to the application at an earlier stage of the process.

What is a valid objection to a planning application

1. Loss of light or overshadowing.
2. Overlooking/loss of privacy.
3. Visual amenity (but not loss of private view).
4. Adequacy of parking/loading/turning.
5. Highway safety.
6. Traffic generation.
7. Noise and disturbance resulting from use.
8. Hazardous materials.

However, generally speaking 5 – 10 good objections are often enough to get an application ‘called in’ to a committee meeting for councillors to decide (although this does differ between local authorities). Otherwise a case officer (with management supervision) may make a decision under ‘delegated powers’.

Planning control is the process of managing the development of land and buildings. … Your local planning authority is responsible for deciding whether a development, anything from an extension on a house to a new shopping centre, should go ahead.

Delegated powers for planning decisions. In relation to planning permission, delegated powers are used by Local Planning Authorities (LPA) to deal with planning applications. Delegated powers enable planning officers to determine applications themselves without needing a decision from the planning committee.

Temporary Buildings Planning Permission and Regulations. You could be forgiven for assuming because a building is temporary, planning permission is not a requirement. Indeed, there are a couple of instances when planning permission may not be a requirement, but in most cases, planning permission is a requirement.

Planning Permission. You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate: if it would be over one metre high and next to a highway used by vehicles (or the footpath of such a highway); or over two metres high elsewhere;

When granting permission, conditions may be attached to the decision that limit or remove permitted development rights. This applies to the individual property, and may restrict further extensions or alterations. … ‘ It removes the right to any permitted development on any of the land referred to within it.

Your local planning authority can serve an enforcement notice on you when they consider you have broken planning control rules. … You can appeal against both refusals of permission and enforcement notices but if the verdict comes out against you and you still refuse to comply you may be prosecuted.

Council has the authority to make you pull down your building if it is found to have been illegally built. If you‘re wondering how they would ever possibly find out, councils have been known to use satellite imagery to make sure people don’t have illegal structures on their property!

If you want to fit uPVC windows in a conservation area, then it is important to ensure that the design of the new windows does not differ considerably from the originals. Fortunately, it is now possible to achieve the look and charm of timber windows with a modern uPVC substitute.

In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.

The 45–degree rule is assessed on both plan and elevation. An extension should not exceed a line taken at 45 degrees from the centre of the nearest ground floor window of a habitable room in an adjoining property

You must provide a ‘Minded to Refuse notification’, which means simply that you must tell the applicant you are thinking of refusing the application based on false representation, set out exactly what the allegation is and make it clear that you are alleging dishonesty.

A terraced house and semi-detached house can be extended up to 6 metres and a detached house up to 8 metres from the original house. However, your neighbours do have the right to object to this. They have a 21 day period in which they can give valid reasons as to why they believe the extension should not be built.

Regarding a residential planning application, is there any requirement for the local council to make available copies of representations (objections) in full including names and addresses, or is it legal for them to provide copies with names and addresses blanked out, thereby frustratingly rendering the objections