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Permitted Development Rights

General Permitted Development

Permitted Development Rights are a national grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application but are subject to conditions and limitations to control impact and to protect local amenity.

There are over 40 classes within The Town and Country Planning (General Permitted Development) (England) Order 2015. These include, but are not limited to, rights for dwellings, offices, microgeneration equipment, agricultural development, school and college development, development by Local Authorities, Highways’ Authorities and The Crown as well as permitted change between different uses.

Each of these classes carry a number of conditions which need to be complied with in order for the development to be allowed under the Permitted Development legislation. If the development falls within the legislation, in many cases it can be constructed without requiring any permission from the Local Planning Authority. However, some Permitted Development Rights require an application for prior notification to the Local Planning Authority to confirm that the proposed development complies with the legislation.

If you want confirmation that your development does not require planning permission you will need to apply for a Lawful Development Certificate from the Local Planning Authority. They should assess your proposals against the legislation and then provide you with a legal document confirming that the development does or does not require express planning consent.

This option is well worth considering even if you are sure your project is Permitted Development. For example, if you extend your house under Permitted Development Rights and subsequently want to sell, a Lawful Development Certificate will be helpful in answering queries raised by potential buyers or their legal representatives.  When selling a property it is important that all paperwork and records relating to your property are clear and up to date.

If you require further information on Permitted Development Rights or Lawful Development Certificates, please contact the planning team at Sworders.

Residential: Householder Permitted Development

You can make certain types of alterations and extensions to your house without needing to apply for express planning permission. These are called ‘Permitted Development Rights’ and are allowed under The Town and Country Planning (General Permitted Development) (England) Order 2015. This derives from a general planning permission granted not by the Local Planning Authority, but by Parliament.

There are limitations to be considered and Listed buildings and buildings in conservation areas are excluded from this legislation. For properties that do qualify, you can extend your property, erect a modest porch, convert the loft, erect an outbuilding, create a hardstanding and install a chimney/flue or vent pipe. However, for these to be Permitted Development they must meet with strict conditions contained within the Permitted Development Order.

It is possible in qualifying circumstances to undertake a huge amount of development under Permitted Development Rights. For example, the only restriction on the footprint of outbuildings is that it cannot take up more than 50% of the total area of curtilage. Therefore, if you have a particularly large rear garden, you could construct a sizable garage/office/gym/pool house or any other building which would be ancillary to the main dwelling (subject to other conditions/restrictions).

If you would like further information on Householder Permitted Development, please contact the planning team at Sworders.