If you have permitted development rights do you need to make a planning application?

When it has been confirmed that your project falls in line with permitted development rights, you will not need to contact the local authority for planning permission. If you are unsure, it may be necessary to obtain planning approval before proceeding with work that is clarified as being a permitted development. This will not change your need to apply for other permissions or work in conjunction with regulations, such as building control. If in doubt, contact your local authority. Some people like to ask for a Lawful Development Certificate to cover the project. This way, you are protected in the future if there is any dispute.

How to check if your project qualifies for Permitted Development rights?

You should find that your local authority online planning portal has an interactive tool that enables you to ascertain whether your project falls under permitted development. Sometimes, part of the project is permitted and the rest is not; in this case, you would have to apply for planning permission.

What size extension can you build under Permitted Development rights?

Not all extensions are accepted under permitted development rights. The location and size of the extension will determine whether you need to apply for planning permission or not. Your local authority will also look at the type of windows being used, as not all are lawful under permitted development. If your extension is a large one, it is probably going to be the case that planning permission will be required.

Can neighbours stop permitted developments?

Neighbours can object to you making changes to your home but they cannot usually prevent permitted developments. The local authority planning department will only take note of objections made that relate to material matters. For example, if the neighbour has no grounds for objection other than they ‘do not like’ what you propose, this will not be taken into account of. You can avoid neighbourhood disputes by informing your neighbours of your plans, taking note of their comments. Sometimes a quick conversation or small change to the design can make things run far more smoothly.

Is Prior Notification the same as Permitted Development?

Prior notification is a type of permitted development. In this case, the local authority planning department must be notified of the project details before the work begins. The process is complex and makes permitted development more involved. Once notified, the local authority will determine whether the project: Should be classified as a conversion or a rebuild Materials to be used are suitable Falls in line with the regulations of the National Planning Policy Framework Might impact in other ways i.e. noise, flooding, contamination etc. These rules still enable some projects to proceed without the need for planning permission. Prior notification can also be used in other ways i.e. to change a building from non-residential status to residential or to change the type of commercial use.

Navigating Planning Permissions: A Homeowner's Guide to Understanding Permitted Development Rights

Fast Plans Planning Team • 8 June 2021

Permitted Development Rights for Homeowners: A Guide to Navigating Planning Permissions

Permitted development rights enable homeowners to undertake many significant improvements to their homes without needing planning permission. These include things like converting the loft, adding another bedroom or two, and making your kitchen bigger - all of which can be done with minimal fuss thanks to permitted development. But there are limitations and restrictions in place that should be taken into consideration before undertaking any such work on a property. To make sure you take advantage of this scheme it's worth keeping these points in mind when considering if an improvement fall within the realm of permitted development.

What is permitted development?

Permitted development grants homeowners the opportunity to undertake construction and improvement projects without having to go through a lengthy, expensive process of planning permission. Permitted development consent is awarded as a General Development Planning Order.

Types of permitted development rights

New There are various types of permitted development rights. These fall into a variety of different categories according to the type of work being carried out by the homeowner, Class A and Class B.

Class A – Extensions (enlargement, improvement or alteration)

Extensions are one of the most popular modifications homeowners make to their homes. Homeowners can create a single-storey side extension as large as half the width of the existing building. Class A allows for a single-storey rear extension up to 4m long for detached properties and 3m long for semi/terraced houses. Class A was made more flexible for people looking to extend under new amendments that took effect on May 30th 2019 with large single-storey rear extensions being allowed up to 8m (or 6m for semi/terraced) but requiring prior notification first in accordance with council development rules.

Class B – Additions to the roof

Rear dormers and hip-to-gable extensions are permitted providing the total volume is not more than 50m3 (40m3 for semis/terraced). Outbuildings can be built within a residential curtilage long as they are behind the principal residence and do not cover the curtilage by more than 50%, being no more than 3m high.

Types of projects & works that can be carried out under a permitted development

Many projects can proceed under permitted development rights, both internally and externally. However, strict design criteria must be complied with. If this is not the case, planning will be required. Here are just a few of the usual types of projects permitted:

Constructing a porch
Alterations internally
Converting a loft
Installing solar panels
Fitting satellite dishes
Adding dormers or rooflights

Types of projects & works that cannot be carried out under a permitted development

It's always best to check in with your local planning authority before starting any work on a property. For example, if you plan on building a new house or creating a new dwelling by subdividing another property, it is likely that you will not be covered under permitted development rights and need to make an application for permission - this also goes for making changes to listed buildings located within designated areas.

Types of projects covered by permitted development rights

So, you may be wondering what kind of project is possible with permitted development rights. There are many things that are acceptable but the most common request for projects that have these permissions includes; changing from one home into two or more homes, adding an annexe or extension or converting unused space in your property like garage spaces into living/bedroom areas. However, there are always limitations so make sure to consult your local authority or an architectural designer before starting any building work.

Types of projects not covered by permitted development rights

You should find that your local authority planning portal provides a useful tool that enables you to check which types of projects are not covered by permitted development. If after using this, you are still not clear, consult with an architectural designer, such as Fast Plans, or speak directly to your area’s planning control department.

Permitted developments & conservation areas

Properties located within conservation areas or shown as listed buildings have much stricter rules when it comes to permitted development. In conservation areas, you will need to gain consent to demolish or change the structure of the buildings. In particular, listed buildings require consent for building work both internally and externally. Contact your local authority if you are not sure of the property’s status.

Can permitted development rights be restricted or withdrawn?

With regard to permitted development rights, they may be restricted or withdrawn when building or renovating a house in England. This is particularly relevant if the proposed work will have any impact on neighbouring properties; of course, this is particularly relevant for flats, maisonettes and other multi-occupancy buildings as alterations to these may affect many people at once. If building within designated areas such as national parks, AOB or conservation areas then what was previously considered permissible development could now be prohibited to maintain the character under an Article 4 direction.

How do I know if my proposed work falls within the scope of permitted development?

Always check with an architectural designer (such as Fast Plans) or your local authority to be sure that your intended work is covered by permitted development rules. For full peace of mind, it is also worthwhile applying for a Lawful Development Certificate from the local authority. This guarantees that there will be no problem in the future. Work not covered by permitted development will require planning permission.

Some commonly asked questions about permitted developments:

If you have permitted development rights do you need to make a planning application?

When it has been confirmed that your project falls in line with permitted development rights, you will not need to contact the local authority for planning permission. If you are unsure, it may be necessary to obtain planning approval before proceeding with work that is clarified as being a permitted development. This will not change your need to apply for other permissions or work in conjunction with regulations, such as building control. If in doubt, contact your local authority. Some people like to ask for a Lawful Development Certificate to cover the project. This way, you are protected in the future if there is any dispute.
How to check if your project qualifies for Permitted Development rights?

You should find that your local authority online planning portal has an interactive tool that enables you to ascertain whether your project falls under permitted development. Sometimes, part of the project is permitted and the rest is not; in this case, you would have to apply for planning permission.
What size extension can you build under Permitted Development rights?

Not all extensions are accepted under permitted development rights. The location and size of the extension will determine whether you need to apply for planning permission or not. Your local authority will also look at the type of windows being used, as not all are lawful under permitted development. If your extension is a large one, it is probably going to be the case that planning permission will be required.
Can neighbours stop permitted developments?

Neighbours can object to you making changes to your home but they cannot usually prevent permitted developments. The local authority planning department will only take note of objections made that relate to material matters. For example, if the neighbour has no grounds for objection other than they ‘do not like’ what you propose, this will not be taken into account of. You can avoid neighbourhood disputes by informing your neighbours of your plans, taking note of their comments. Sometimes a quick conversation or small change to the design can make things run far more smoothly.
Is Prior Notification the same as Permitted Development?
Prior notification is a type of permitted development. In this case, the local authority planning department must be notified of the project details before the work begins. The process is complex and makes permitted development more involved. Once notified, the local authority will determine whether the project:
- Should be classified as a conversion or a rebuild
- Materials to be used are suitable
- Falls in line with the regulations of the National Planning Policy Framework
- Might impact in other ways i.e. noise, flooding, contamination etc.
These rules still enable some projects to proceed without the need for planning permission. Prior notification can also be used in other ways i.e. to change a building from non-residential status to residential or to change the type of commercial use.

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