Planning Permission

It is important to understand that permitted development does require planning permission, even though it does not require an application, because in certain areas, such as conservation areas or World Heritage Sites, the extent of what development is permitted is limited and an application is needed.

What is the Meaning of "Development" in Planning Law?

The Town and Country Planning Act 1990 defines development as "the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in the use of any buildings or other land".

Building operations are defined as:

(a) demolition of buildings;
(b) rebuilding;
(c) structural alterations of or additions to buildings; and
(d) other operations normally undertaken by a person carrying on business as a builder"

This appears to encompass pretty any work that you can do to a property, though works that are internal only or that do not materially affect the appearance of the exterior are not classed as building operations. They may be classed as a change of use of course. One example is where one dwelling is converted into two or more.

What Works are Classed as Permitted Development?

The Town and Country Planning (General Permitted Development) Order 1995 describes which works are permitted and do not require an application for permission to be made. The 1995 order has been amended by numerous subsequent orders, one of the most important being the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008.

The Order covers all sorts of works to all sorts of properties, not just residential, but the types of residential development that are permitted include small extensions, conservatories, loft conversions, solar panels, small wind turbines etc.

Extensions, Loft Conversions and Conservatories

Extensions and conservatories which are on the side or rear of a property (so not facing a public highway) are usually permitted development provided they are:

· no more than 15% (10% for terraced houses) of the volume of the original property and in any event are no larger than 115 cubic metres
· do not cover more than 50% of the total garden area and;
· no taller than the eaves of the original house

Loft conversions do not require permission unless they have a dormer window which is visible from the highway.

Work Done to Properties That Have Previously Been Developed

If an extension or addition has been added previously then any new addition must be no bigger than 15% of the volume of the original property less the volume of the previous addition, so for example if you have already built an extension which is 10% of the size of the original property and you then wish to build an extension, that extension must be no larger than 5% of the volume of the original property, because in total the original property cannot be extended by more than 15%.

Listed Buildings, Conservation Areas and World Heritage Sites

Where a property is a listed building, no development can be carried out without planning permission. Listed buildings consent would also be required. If the property is in a conservation area or a World Heritage Site then some permitted development rights may be exercisable but they will be limited.

Article 4 Directions

Local authorities have the right to issue an Article 4 Direction, which limits particular permitted development rights for a localised area. An article 4 direction should be registered by the council as a local land charge so that it is revealed on a local authority search.

Building Regulations

It should be noted that whether or not a planning application is necessary, any works of a structural nature, replacement windows or works which involve electrical, plumbing or gas works may be subject to building regulations and if so, building regulations approval will be required.