Do permitted development rights overide planning policy??? If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[rigsby1208]

Hi
I have recently bought a semi detached house which I wish to add a side and rear extension. I have informally discussed this with the planning department and they object to any development on the side of the house due to it coming in front a 45 degree line from the front window of the neighbouring house. The neighbouring house is set back 10 m from normal line of buildings. Looking at my permitted development rights I would be allowed to carry out a side extension. My question is can the planners refuse the build even if it falls under my permitted development rights?

Thanks in advance.

[stoneyboy]

rigsby1208,
The planners are right with regard to the 45deg ruling. If you want to test out whether they will allow your extension as PD you can make an informal application for their advice. The forms will be on the Council web site and it will cost you about £140. Sounds a lot but still cheaper than a full application.
end

[rigsby1208]

But if the development falls within permitted development rights, then surely I can just do it anyway, as it is permitted and therefore doesnt require an application? If not and the council can deny an extension that falls under permitted development rights then permitted development is just a nonsense?

[acsimpson]

That may be true, but if there is a loophole and you go ahead with the development before the neighbours complain then unless your rights are watertight it could get very expensive.

[rigsby1208]

As far as I am aware permitted development rights isnt a loophole, its a legal right to extend a property, within certain criteria, without requiring planning consent, just building regulations. Please if someone does have an informed opinion on this please add to the discussion.

[Rob HIM]

Hi

Planning Permission is not required for the following;

Porch (No)
Unless;
1. The floor area exceeds 3ms
2. Any part is more than 3m high
3. More than 3M and NO part projects beyond the foremost wall of the house facing the highway.

Garage ( possibly)
You can build a garage up to 10m3 in volume without planning permission, if it is within 5M of the house or an existing extension. If further it can be bigger.

Extensions (Possibly)

Planning permission is required if the extension results in an increase in volume of the original house by whichever is the greater of the following;

1. Terraced houses 50m3 or 10% up to a max of 115m3
2. Other houses 70m3 or 15% up to a maximium of 115m

The above is a guide, however the height, distance from boundary and how far if it protures from the front of the house also have a bearing on if it requires planning permission.

Rob

[jimhet]

You don't say how old the house is, I believe permitted development rights only exist for properties built before 1948. but you probably know that.

[rigsby1208]

Thanks for you replies. I'm not sure if I am missing anything but some of the replies seem to be quoting old regulations. The new 2008 permitted development rights are far broader than those quoted above. The age of the house is irrelevant, however it is fair to say most new builds have their permitted development rights removed, to stop further development within highly developed new estates. Does anyone have a clear understanding of the current rules and specifically if planners can overrule your permitted development rights?

Thanks

[angelboy]

The guidelines are just that, guidelines, and some local councils have the ability to determine what they consider as being within the guideline.

If you want a fight then I would seek professional advice from a planning consultant but first, send in a minor works form (should be free) outlining your proposal and then see what the local authority response is 'in writing'. After which you'd either be covered to go ahead under PDR or have something to take to the planning consultant which can then be effectively argued.

Don't go ahead without getting confirmation based on YOUR interpretation of the rules and try not to make an enemy of the local planners who could then decide to interpret the guidelines how they see locally acceptable.

[Connell]

[quote="rigsby1208"]Hi
I have recently bought a semi detached house which I wish to add a side and rear extension. I have informally discussed this with the planning department and they object to any development on the side of the house due to it coming in front a 45 degree line from the front window of the neighbouring house. The neighbouring house is set back 10 m from normal line of buildings. Looking at my permitted development rights I would be allowed to carry out a side extension. My question is can the planners refuse the build even if it falls under my permitted development rights?

Thanks in advance.[/quote]



Hello,
I'm a Chartered Town Planner and run my own planning consultancy so i hope i can help a bit.

Permitted development rights are completely seperate to planning policy which apply to development which and only require planning permission.

Permitted development rights exist on most properties and allow you do certain things up to a certain threshold under the general permitted development order 2008 as amended. This is country wide and not flexible. However, its interpretation can be different from council to council.
The best thing is apply for a certificate of lawfulness which if issued (approved) will then provide you with the comfort of knowing it does not require planning permission and would not be subject to enforcement action by the council-complaints by neighbours and let you sell your house in the future with no problems.


i hope this helps.

[Connell]

Sorry,

i should have completed by saying - if you have certificate of lawfulness for your extension and you build it in accordance with the plans drawn for the certificate of lawfulness then there is nothing the council can do as it is a lawful development.