Do we need Planning Permission?
This is one of our most frequently asked questions. The simple answer is that not every job requires Planning Permission. Some building works are allowed under Permitted Development. So, it’s worth knowing the difference between these two.
Planning Permission, also referred to as Planning Consent is required permission in the United Kingdom, granted by the Local Authority when:
- A new building is constructed on land
- A significant alteration is made to a property
- The use of a property is changed.
A planning application needs to be applied for before work commences and will take a maximum of 10 weeks to be decided, which includes a 2 week validation and an 8 week decision period. Application forms are completed, detailed drawings need to be submitted and a fee paid to the Local Authority.
Having said that, not all projects involving these three conditions require full Planning Permission. Many can be done under Permitted Development.
In a nutshell, Permitted Development is a more relaxed version of Planning, which is granted by Parliament as opposed to the Local Authority. Under Permitted Development homeowners can make certain changes to their property without having to go through a Planning application.
Permitted Development – Porch
Permitted Development – Extension
Permitted Development
Work carried out under Permitted development includes the following:
- A single story extension on the rear of a house subject to size and height conditions dependant on whether the house is detached, semi detached or terraced.
- A double extension on the rear of a house, not closer than 7m to the boundary, and subject again to size restrictions
- A single story side extension with a maximum height of 4m and no more than half the original building
- The extension must be built in the same or similar materials to the rest of the house
- Most loft conversions, subject to certain restrictions. More details can be found here
- Adding roof lights or dormer windows
- Solar panels (but NOT wind turbines)
- Conversion of an integral garage
- Garden buildings, subject to size and height restrictions
- Building a porch
- Internal alterations
Permitted Development – Garden Buildings
Permitted Development – Dormer Windows
ermitted Development is quicker and cheaper as there is no need to apply for permission as the whole point is that the work is carried out under the permitted development scheme. However, it is always advisable to apply for a Certificate of Lawful Development (CLD) to ensure that you have proof that the development fell within these rights and that you will not be faced with difficulties post construction. In the absence of a CLD, if, once the work is completed, the Local planning Authority determines that the building in some way, does not comply with Permitted Development regulations then you may be faced with enforcement actions and if your retrospective application for a CLD is denied there is a possibility that any extensions or associated work would be required to be demolished. If your application for a CLD is denied this does not mean that your project will not be able to go ahead. It would mean that formal planning permission would be needed or you could change the design to fit the Permitted Development guidelines.
A Certificate of Lawful Development technically requires no decision time, as the Local Authority will only be interested in the legal question of whether the proposed development is legal. The application will still take approximately 10 weeks. It would be sensible to apply for the CLD before work commences to ensure that your project qualifies. Applying for a CLD is similar to submitting for planning, in that there are forms to complete, drawings to prepare and an application fee to pay. The cost of a CLD in England currently costs half the normal planning application fee. If applied for retrospectively, i.e. after work has commenced or been concluded, the price for application doubles, coming in line with the cost of Planning.
It is worth noting that if your house is within a conservation area or National park, the amount of work under Permitted Development is usually reduced and full Planning Permission would be required. All work carried out on a listed building, including internal work, requires Planning Consent and it is a criminal offence to alter a listed building without it.
The legislation surrounding this area is not easy to understand and is riddled with qualifications and exceptions. In some cases Permitted Development may be removed by conditions placed on planning consents or by action by the council, via what’s known as an Article 4 Direction. This situation is most common in conservation areas. As such it is always advisable to have a look at the Planning Portal, which is useful in clarifying what is covered within these rights. If you are still unsure check with your local authority or get confirmation from a qualified surveyor that your proposed works are classed as Permitted Development.
Facts and figures in this blog are correct for England at time of posting, however, changes within local authorities happen all the time, so it is always best to get professional advice before embarking on any home improvements. Scotland and Wales have their own regulations.
Kreative Spaces work closely with experts in this field and we can help and guide you from the very beginning stages of your project. Let us take this stress away from you! If you are looking for some help with your project, fill in your details on the contact form below and we will get back to you.