Most people would probably assume that planning permission is needed when contemplating home extensions, improvements or alterations. However, this is not necessarily the case.
In October 2008, a number of changes to ‘PD rights’ (General Permitted Development Order 1995) meant that some development of the home can be carried out without the need for planning permission. However, Government guidance relating these changes were neither formally consulted on nor released for public consumption. So here, to help you understand your entitlements, is a brief guide to the ‘development tolerances’ permitted by the Act.
Ground Area
For the works to be permitted under this tolerance, any development or extension must not exceed 50% of the total area of the curtilage (i.e. the garden and grounds surrounding a house). If it does exceed 50% planning permission will be required, below 50% PD rights kick in and no permission would be required. In addition, the extent of the works cannot exceed more than 50% of the original footprint of the house (i.e the area covered when it was first built). Therefore, any subsequent extensions or additions would count towards the 50% allowance. As an example, a conservatory that is 20% of the original footprint of the house would leave 30% left of permitted footprint for development without permission.
As a general principle, providing the works are just maintenance or improvement and do not materially affect the outward appearance of the house, planning permission may not be required. Where more involved work is being undertaken, then the Permitted Development Order may grant permission for the works.
However, do note that PD rights do not apply where there are blanket restrictions in place such as those relating to listed buildings, designated land (such as Conservation Areas) or where Article 4 direction can be issued by the local authority. Demolition and reconstruction does not qualify as maintenance and improvement and neither does conversion of a dilapidated or derelict building. However, do note that PD rights do not apply where there are blanket restrictions in place such as those relating to listed buildings, designated land (such as Conservation Areas) or where Article 4 direction can be issued by the local authority. Demolition and reconstruction does not qualify as maintenance and improvement and neither does conversion of a dilapidated or derelict building.
Height of the building
Providing works to the house do not exceed the highest part of the existing building (normally the ridge line of the main roof), planning permission is not required.
Proximity to Highway
Providing works do not extend beyond the principal wall of a house fronting onto a highway, planning permission will not be required. The front of the house is usually defined as the principal elevation. There are obviously exceptions to this principle depending on how the house is angled to the highway and other factors such as how far back the house is set from the highway. As with all these tolerances, if in doubt, check.
Single Storey and side extensions
Strict rules apply to the distances to which a single storey extension for a detached house can extend both outwards and upwards. Rules also apply to permissible distances from the property boundary. Similar calculations also apply to side extensions, the total width of which must not exceed more than half the width of the house.
Cubic Content
The cubic capacity of a house includes any pre-existing building within the same curtilage that comes within 5 metres of the proposed extension. This could include a summer house or outbuilding.
It should be noted however that verandas, balconies and raised platforms do not fall within permitted development rights and would require planning permission.
You can find more details on what is and isn’t permissible and the actual measurements and definitions involved by visiting http://www.opsi.gov.uk/si/si2008/pdf/uksi_20082362_en.pdf.
First published in Legal News For You Summer 2010.
For more information or advice on whether you require planning permission contact
Pritpal Singh Swarn.
