Permitted Development Rights for Householder Extensions made Permanent

May 30, 2019

Permitted Development Rights for Householder Extensions made Permanent

The temporary permitted development rights allowing the construction of larger extensions to dwellinghouses which were due to expire on the 30th of May 2019 have now been made permanent. The Town and Country Planning (General Permitted Development) (England) Order 2015 (“the Order”) (S.I. 2015/596) have been amended by The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019.

A summary of the position can be found at the planning portal: https://www.planningportal.co.uk/info/200130/common_projects/17/extensions

The rules are detailed and reference must always be made to them in any given case.  An overview from the portal is as follows:

“An extension or addition to your house is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:

  • No more than half the area of land around the “original house”* would be covered by additions or other buildings.
  • No extension forward of the principal elevation or side elevation fronting a highway.
  • No extension to be higher than the highest part of the roof.
  • Single-storey rear extensions must not extend beyond the rear wall of the original house* by more than four metres if a detached house; or more than three metres for any other house.
    Where not in Article 2(3) designated land* or a Site of Special Scientific Interest, this limit is increased to eight metres if a detached house; or six metres for any other house.
    These increased limits are subject to the neighbour consultation scheme. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
  • Maximum height of a single-storey rear extension of four metres.
  • Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres.
  • Maximum eaves height of an extension within two metres of the boundary of three metres.
  • Maximum eaves and ridge height of extension no higher than existing house.
  • Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
  • Two-storey extensions no closer than seven metres to rear boundary.
  • Roof pitch of extensions higher than one storey to match existing house.
  • Materials to be similar in appearance to the existing house.
  • No verandas, balconies or raised platforms.
  • Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
  • On Article 2(3) designated land* no permitted development for rear extensions of more than one storey.
  • On Article 2(3) designated land* no cladding of the exterior.
  • On Article 2(3) designated land* no side extensions.

* The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.”

* Article 2(3) designated land is land within:

  • a conservation area; or
  • an area of outstanding natural beauty; or
  • an area specified by the Secretary of State for the purposes of enhancement and protection of the natural beauty and amenity of the countryside; or
  • the Broads; or
  • a National Park; or
  • a World Heritage Site”

 

The permitted development rights do not apply to  flats and maisonettes, converted houses, houses created through a change of use under permitted development rights, other buildings or areas where there may be a planning condition or article 4 direction or other restriction that limits permitted development rights.

The 2019 Regulations also allow for certain changes of use of buildings  (shops, financial and professional services, hot food takeaways, betting shop, payday loan shop or laundarette) to office use as permitted development. The new permitted development right contains limitations and conditions on how it will operate.  In addition the Regulations extend permitted development rigths under Class M of Part 3 of Schedule 2 of the 2015 GPDO  (retail and specified sui generis uses to dwellinghouses) to permit buildings with a use falling within Class A5 (hot food takeaways) of the Use Classes Order to also change use to a dwellinghouse.  The 2019 regulations can be found here.

http://www.legislation.gov.uk/uksi/2019/907/note/made

 

The rules relating to permitted development are detailed and can be complicated to apply. It is suggested that in any case professional advice be obtained and/or the local planning authority be consulted before proceeding with any work.

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