Saturday, January 19, 2008

Permitted Development Rights

Permitted Development Rights only apply to houses (NOT flats) which are occupied by a
family, or up to six people living as a family.
The "original" size of the house from which base increases are calculated is the size of the
property as built, or as at 1948, if the house existed then.
Some houses may be subject to an Article 4 Direction which means that some or all of
their permitted development rights have been removed. The Local Search will reveal
whether this is the case.
Many newer properties may have had their "permitted develoment rights" taken away as
part of their original planning permission. The Local Search should reveal whether this is
the case.
If you live in a Listed Building you may require Listed Building consent to carry out works
that are permitted development.
Most structural works also require Building Regulations Approval. Planning Permission is
a separate matter.
1. Extensions. (not including roof extensions)
You may extend the original dwelling as follows:
(i) in a Conservation Area 50 cubic metres or 10%, whichever is the greater;
(ii) outside a Conservation Area or non-terraced property 70 cubic metres or
15%, whichever is the greater or 50 cubic metres for a terraced home.
All of these are subject to the following provisos.
The extension must NOT:
(a) be more than a maximum of 115 cubic metres;
(b) be higher than the original building;
(c) project in front of any wall facing onto the highway where it is less
than 20 metres from the highway
(d) be more than 4 metres high if it is going to be less than 2 metres from
a boundary;
(e) result in more than half the garden area being covered by buildings
(f) not include any alterations to the roof of the dwelling.
2. A dormer roof extension can be constructed providing:
(i) the dwelling is not in a Conservation Area;
(ii) it is no higher than the highest part of the existing roof;
(iii) it does not face onto a highway
(iv) it will not be bigger than 40 cubic metres in the case of a terraced house, or
50 cubic metres in any other case
(v) and, taken together with any other extensions it does not expand the size of
the original dwelling by more than the limits mentioned under (1) above.
In other words, the right to build a dormer is part of the expansion allowed
under (1).
3. Porches
A porch may be constructed over any outside door of your property provided that:
(i) its floor area does not exceed 3 square metres measured externally
(ii) no part of it will be higher than 3 metres
(iii) no part will be less than 2 metres from any boundary with a highway.
4. Other buildings
Such as garages, garden sheds, greenhouses, swimming pools etc., which are to be used
together with the house, may be constructed within the grounds of the dwelling provided
(i) they are not used as a dwellin(gie they are not intended to be lived in);
(ii) they do not project in front of any wall facing onto the highway where it is
less than 20 metres from the highwa; y
(iii) they are no larger than 10 cubic metres if within 5 metres of the existing
(iv) the height does not exceed 4 metres if it has a pitched roof, or 3 metres in all
other cases;
(v) they do not result in more than half the garden area being covered by
(vi) in the case of a dwelling which is listed or within a Conservation Area, the
building does not exceed 10 cubic metres.
5. A satellite antennae and dishes
May be installed outside Conservation Areas provided:
(i) they are no larger than 90cm;
(ii) there are no other satellite antennae on the dwelling or within its curtilage;
(iii) and, they are no higher than the existing roof of the dwelling.
6. Gates, walls, fences
Can be erected provided:
(i) they are no higher than 1 metre where adjacent to a highway;
(ii) they are no higher 2 metres elsewhere;
(iii) they do not involve work to or within the curtilage of a listed building.
7. Other Permitted Development Rights
(i) New accesses to unclassified roads, provided they are required in
connection with other permitted development work (e.g. the installation of
a vehicle hardstanding).
(ii) The installation of oil storage tanks for domestic purposes subject to certain
provisos concerning height, capacity and location.
(iii) The painting of a dwelling.
1. If you own a flat you have no Permitted Development rights and must apply for
consent for any external alterations.
2. Care should be taken to ensure that you have not "used up" your Permitted
Development allowance.
3. If you are in doubt about whether or not you have used up your allowance, you
can apply to the council for a "Certificate of Lawful Development" which if
granted will certify that your proposal is in fact permitted development and does
not require permission.
4. The fact that planning permission is required for something means that you should
have careful regard to your council's planning guidance. Most councils issue
guidance for domestic extensions which they will gladly send out, and it is sensible
to adhere to the principles laid down in this guidance. it will make it more likely
that your planning application will be granted.
This is a brief guide for clients issued by A. L. Hughes & Co. It is not intended as a detailed
exposition of the law, and in all cases you are advised to take specific advice on any
particular proposal.

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