Understanding Permitted Development Rights
Seeking Planning Permission from the local authority is not necessary if your project falls under the scope of Permitted Development Rights. Planning legislation, including the Town and Country Planning Act 1990, and related regulations, sets out whether certain extensions or changes of use may be exempt from the full planning process.
Although some developments do not need Planning Permission, it is best not to assume that your project is protected by Permitted Development Rights. As each planning case is unique and the distinctions between different cases depend on various technical factors, it is not always obvious whether your development is protected. If you start construction and it later turns out that you did in fact need Planning Permission, this can be very costly to rectify.
What types of project might be Permitted Development?
While every planning case is unique, there are some typical examples of developments that may fall under Permitted Development Rights. The purpose of these rights is to facilitate building and limit delays for minor works.
- Small extensions
Extensions to main buildings or outbuildings may benefit from Permitted Development Rights in cases where the changes are minor and do not materially alter the neighbourhood.
- Loft conversions
Converting a loft into a bedroom could be free from the full planning process, though individual factors like location may require a planning application in some developments.
- Garden buildings
Extending or renovating buildings on your property can be subject to Permitted Development Rights, depending on the specifics of the case.
- Minor changes of use
Changes of use that involve little or no construction might be able to bypass a full planning application, for example when converting offices into a residential building. However, this is not always the case.
Limitations and conditions
As should be apparent, these rights come with certain restrictions and conditions, so careful interpretation of the rules is essential. Additionally, the council may have removed Permitted Development rights from your area (Article 4 Direction) or from your property specifically (in a previously granted consent).
To determine whether a development can bypass Planning Laws, it is necessary to weigh up factors such as size, location, whether or not the development involves any listed buildings, and proximity to conservation areas.
Check if you need planning permission
There are several risks of assuming that your development is permitted without first checking with a specialist solicitor.
Any project that begins without planning permission could trigger enforcement actions by the local planning authority. These range from having to apply for retrospective Planning Permission to an enforcement notice requiring you to put things back as they were.
Get in touch
Get your project off the ground by speaking to a specialist planning solicitor. At Attwaters, our expert Planning Team can provide a pre-application assessment if you are unsure. Call Salvatore Amico today for more information on 0203 871 0039, or email salvatore.amico@attwaters.co.uk.
