No Planning Required?
The new Permitted Development Rights have been designed to cut down on Planning Applications and to encourage Home Owners to develop their properties. However, the criteria is confusing and most home owners are approaching the Planning Department for clarification of their rights.
Understanding Permitted Development Rights
PD Rights only apply to a Private Dwelling House as it was originally built or as it was on 1st July 1948.
Excluded
Flats
Listed Buildings
Buildings of Merit
Properties in Designated Areas such as;
Conservation Areas
Green Belt
National Parks
Areas of Outstanding Natural Beauty
The Broads
PD Rights can also be withdrawn under Article 3 Restriction or Article 4 Directive, this would have been made evident when a property was purchased.
Do not confuse Planning Permission with Building Regulations, when any work is done within the home it is highly likely that you will require Building Regulation Approval. Listed below are each Class within the PD Rights and an explaination of the rules.
Definitions
"HIGHWAY” - includes all public roads, footpaths, bridleways and byways.
ARTICLE 1(5) LAND – includes land within:
(a) a National Park;
(b) an Area of Outstanding Natural Beauty;
(c) an area designated by a local planning authority as a Conservation Area under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(d) an area specified by the Secretary of State and the Minister of Agriculture, Fisheries and Food for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside)
(e) the Norfolk and Suffolk Broads; and
(f) a World Heritage Site.
Class A - The Enlargement, Improvement or Other Alteration of a Dwelling House
The extension must not cover more than 50% of the total area surrounding the original Dwelling House.
The extension must not be higher than the highest part of the roof of the existing Dwelling House.
The extension must not extend past which ever original wall which fronts the highway/road.
If the extension has less than 2 metres to the boundary of the house the eaves cannot be any higher than 3 metres.
Rear Extensions
Single Storey
Rear extensions are permitted upto 4 metres in depth from original house if it is detached and upto 3 metres in depth if it is an attached house. The ridge height must be no more than 4 metres in an attached house.
More than One Storey
Rear extension are permitted upto 3 metres in depth. There must be a clear 7 metres from the rear wall of the extension to the rear boundary. There must be a clear 2 metres to the side boundarys.
Where practically possible the new roof should be the same pitch as on the original house.
Side Extensions
Only one storey is permitted and the extension must not be wider than more than half the width of the original Dwelling House. The extension must not exceed 4 metres in height.
If windows are installed in an upper floor wall or roof slope the glass must be obscure and non openable, unless the part of the window which can be opened is more than 1.7m above the floor level of the upper floor room. Please note; every living area on upper floors need an openable escape window if a fireproved hallway is not present.
All extensions (other than conservatories) should be constructed using materials in similar appearance to those used in the original Dwelling House.
Not Permitted;
Veranda
Balcony
Platform
(Juliet Balconies are permitted)
Class B – The Enlargement of a Dwelling House Consisting of An Addition or Alteration To Its Roof
Any new works must not increase the original roof height. No extensions (dormers) are permitted beyond the plane of the existing roof slope which forms the principal elevation of the Dwelling House and which front the highway.
If a Loft Conversion has extensions to the roof in the form of Dormers or Hip to Gable Extensions, the total allowable volume increase is 40 cubic metres for a terrace house and 50 cubic metres for a semi-detached or detached house.
Other than in the case of Hip To Gable Extensions, the edge of the enlargement closest to the eaves shall be no closer than 20 centimetres to the eaves of the original roof. (This is normally very easy to comply with as there is normall a soffit of 150mm before the external wall and timberframe dormers are usually constructed off the inner skin of a cavity wall which in total is at least 250mm deep in total.)
Any materials used should be constructed using materials in similar appearance to those used in the original Dwelling House.
Not Permitted;
Veranda
Balcony
Raised Platform
(Juliet Balconies are permitted)
Class C – Any Other Alteration To The Roof Of A Dwelling House
No other type of development is permitted if it pertudes more than 150mm beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof. (For example, a roof window could be installed but no a ‘Velux Dormer’. )
No Other Alteration can be higher than the highest part of the original roof
This does not cover Chimneys, Flues or Soil and Vent pipes or Solar equipment.
Class D - The Erection Or Construction Of A Porch Outside Any External Door Of A Dwelling House
The construction of a Porch is permitted to any external door of a Dwelling House.
Conditions
It cannot exceed 3 square metres externally or be higher than 3 metre above ground level. The structure must also be 2 metres or more away from any boundary.
Class E Provision Within The Curtilage Of A Dwellinghouse
Any building or enclosure, swimming or other pool required for the enjoyment of the house are permitted. Maintenance and improvement or alterations to the buildings are permitted.
Conditions
Any container used for domestic heating purposes, for the storage of oil or lquid petrol gas is permitted but not exceed storage capacity of 3500 litres.
The total area of ground covered by extensions, Out Buildings, Enclosures, Pools or Containers must not exceed 50% of the total external area of the original Dwelling House.
No Out Building, Enclosure, Pool or Container are permitted to be positioned beyond the front elevation of the Dwelling House.
No Out Building, Enclosure or Container are permitted to have more than one storey.
No Out Building, Enclosure or Container are permitted to exceed;
• 4 metres in height if it has a duel-pitch roof
• 2.5 metres in height if the building is positioned within 2 metres of a boundary
• 3 metres in height in any other case (for example a flat roof)
The height of the eaves of the building must not exceed 2.5 metres in height.
No Out Building, Enclosure, Pool or Container is permitted within the boundary of a Listed Building.
No Out Building, Enclosure, Pool or Container is not include the construction or provision of a Vernada, Balcony or Raised Platform.
No Out Building, Enclosure, Pool or Container relates to a house or a microwave antenna
In the case of any land within the boundaries of the house which is within Article 1(5) developement is not permitted by Class E if the total area of the ground covered by building, enclosures, pools and containers situated more the 20 metres would exceed 10 square metres.
In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the Dwelling House and the boundary of the curtilage of the Dwelling House.
Interpretation of Class E
For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the Dwelling House.
Class F - Construction Of A Hard Surface Within The Curtilage Of A Dwellinghouse
Pathways and Drives are permitted on land between wall forming the principal elevation of the Dwelling House and the Highway.
Conditions
If the Hard Surface exceeds 5 metres it should either be made of a porous material or provision should be made for the surface water to run-off onto a permeable or prorous area, such as grass or planting areas within the boundaries of the Dwelling House.
Class G - The Installation, Alteration Or Replacement Of A Chimney, Flue Or Soil And Vent Pipe On A Dwellinghouse
The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a Dwelling House is permitted.
Conditions
The height of the chimney, flue or soil and vent pipe must not exceed the highest part of the roof by 1 metre or more. In the case of Article 1(5) It is not permitted to be positioned on a principal or side elevation of the Dwelling House.
Class H - The Installation, Alteration Or Replacement Of A Microwave Antenna On A Dwellinghouse Or Within The Curtilage Of A Dwellinghouse
The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a Dwelling House is permitted.
Conditions
No more than two antennas are permitted within the boundaries or on the Dwelling House
An antenna must not exceed 100 cm in length
If two antenna are used, 1 may be upto 100 cm in length, but the 2nd cannot exceed 60 cm in length
An antenna on a chimney must not exceed 60 cm in length and must not protude above the chimney
An antenna must not have a cubic capacity that exceeds 35 litres
(The length of the antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.)
If the antenna is installed on a roof without a chimney it cannot be higher than the highest part of the roof
If the antenna is install on a roof that has a chimney that is higher than the house; the antenna cannot be higher than the chimney and it cannot be higher than 60 cm above the highest part of the ridge tile.
In areas covered under Article 1(5);
Antennas are not permitted on a chimney, wall or roof slope which faces onto and is visible from a ‘highway’
In ‘The Broads’ Antennas are not permitted on a chimney, wall or roof slope which faces onto and is visible from a waterways or on a building which exceeds 15 metres in height.
An antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building and when an antenna is no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.
Fences and Walls
Planning permission will be required if:-
The fence or wall is next to a ‘highway’ and will be over 1 metre in height or,Will be over 2 metres in height anywhere else.
The fence is within the grounds of a Listed Building.
Planning conditions prevent the erection of fences (eg open-plan estates).
The property is within an area covered by an Article 4 Direction.
A Fence can include hedges and trees, earth mounds and other means of enclosure. Where a fence is to be erected which could affect sight-lines or traffic safety in general, it is advisable to check with the Council even though planning permission may not be necessary.
Decoration, Maintenance and Repair
Planning permission is not required for:-
General repairs and maintenance
Internal alterations
Painting your house
Replacing windows
Putting in new windows, roof-lights, skylights etc (Bay windows will be treated as an extension to the house)
Re-roofing without any extensions
Installation of solar panels which do not significantly project above the roof slope.
Planning permission may be required where planning conditions or an Artible 4 Direction restrict your permitted development rights.
Any significant works (whether internal or external to a Listed Building permission will be required
Demolition
Planning permission is not required except in certain circumstances. However, it is important to note that you cannot rebuild on the cleared site without the benefit of a planning permission. There is no automatic right to a new consent.
Listed Buildings do not need a planning permission for demolition but you DO need Listed Building Planning Consent
Similarly, buildings in a Conservation Area will need a Conservation Planning Consent
You do not need permission to demolish:-
A building of less than 50m³ such as a shed or garage.
Where demolition is required urgently for public health or safety reasons.
As part of a redevelopment scheme for which planning permission has been granted.
If demolition is required by other statutory authority.
Walls, fences, hedges etc may also be removed.
For any other proposed demolition you should consult your Council to agree the method of demolition and any reinstatement of the cleared site.
You should submit a "Prior Approval Application" and obtain the Councils formal approval of your proposals.
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