What is Development?
Not all changes to your home need permission from the LPA. Permitted development rights allow development to take place without the explicit consent from the Local Planning Authority (LPA).
To take advantage of PD, you need to fully understand what is involved and the criteria – as well as staying up to date with the latest changes. This is something we can do for you at Arkhi enabling you to make full use of the parameters in as outlined in the ‘Order of Permitted Development 2015’ in the ‘Town and Country Planning Act 1990.
It’s worth noting that the PD Rights associated with dwellings will not be the same for maisonettes, flats or commercial buildings. We can advise as necessary with our multi-disciplinary team at Arkhi. PD Rights apply differently to England, Scotland, Wales and Northern Ireland.
What is allowed under Householder Permitted Development?
Householder Permitted Development Rights fall into a series of ‘class’ categories which reflects the scope of works being planned – they range from Class A to Class H summarised below:
In summary, you can extend your property by 8m to the rear with a single storey extension or 6m with a double extension. However, the extension mustn’t cover more than 50% of the garden or protrude further than the original building line of the principal elevation. Conservatories are restricted by the same rules and side extensions are permitted under strict height and width restrictions.
Unsurprisingly, it must also be built in the same or similar material to the existing property.
You can also convert your loft into living accommodation by extending it by up to 40m3 for terraces or 50m3 for semi/detached dwellings. Dormers and roof windows can be added but must not extend beyond the plans of the roof slope at the front of the house.
As well as designing bespoke dwellings, we pride ourselves in developing high-quality, creative and transformational extensions to existing dwellings.
The images you see in this article are an exaple of a glass and oak extension created under Permitted Development.
One specific example of Permitted Development Rights is ‘Class Q Development’ as outlined in The Town and Country Planning (General Permitted Development) (England) Order 2015. You can find out more about Class Q development by reading Arkhi’s Simple Guide to Class -Q Permitted Development.
Do you have PD Rights?
In some cases, generally in conservation areas, the Permitted Development Rights associated with your dwelling may have been revoked by the LPA issuing an ‘Article 4’ direction. This will mean that any development on the dwelling will need express Planning Consent available through Planning Permission.
There are also general areas where permitted development rights are restricted – these are known as ‘designated areas’. These would be, for example:
Its also worth noting that balconies, verandas, raised platforms (above 300mm) and driveways made with non-porous materials are not covered by PD Rights. It’s always worth checking with your LPA to clarify whether you have Permitted Development Rights for your property.
What is a Lawful Development Certificate?
If you want proof that your project is permissible under PD Rights and does not require planning permission, we advise that you apply to your LPA through the planning portal for a Lawful Development Certificate (LDC). This is especially useful for protecting you when you come to sell your property in the future.
The application process is similar to a planning application. We have experience in dealing with Lawful Development Certificates and we can handle this process for you. If your application partially or wholly refused, you can appeal to the Planning Inspectorate.
You can continue to build without applying for a lawful development certificate although it can be extremely risky. On the off-chance that your plans aren’t compliant within the restrictions outlined for permitted development, you may have to remove the ‘development’ at your own expense.
Prior Approval Applications
In addition to the Permitted Development Rights, to streamline the planning system, Prior Approval applications were introduced to allow additional development under the Permitted Development route. In order for development to be eligible for these permitted development rights, each ‘Class’ specified has associated limitations and conditions that proposals must comply with.
One such condition may be the submission of an application to the LPA to determine if it’s Prior Approvals will be required. This allows the Local Planning Authority to consider the proposals and their likely impacts in regard to certain factors (e.g. transport and highways) and how these may be mitigated.
Does CIL apply to Development under Permitted Development?
Development under ‘general consent’ (permitted development or prior notification/ approval) is CIL liable if a new dwelling is being created (even through change of use) or if more than 100sqm of new Use Class A1-A5 floor space is created on site.
Read out guide on the Community Infrastructure Levy to understand how its calculated and the process in secure potential exemptions or reliefs.
If you intend to develop through general consent, you must complete and submit ‘CIL Form 5: Notice of Chargeable Development’ which can be found on the Planning Portal’s website.
How can we help?
At Arkhi, we have experience of developing and helping clients re-work plans and drawings within permitted development rights. Please feel free to get in touch for a free initial consultation.