Permitted development

In the UK, "permitted development" refers to a set of planning rules that allow certain types of building work and changes of use to be carried out without needing to apply for full planning permission from the local council. It's essentially a national grant of planning permission issued by the government.

Here's a breakdown for someone new to the term:

The Core Idea:

  • No Full Planning Application: For many common projects, permitted development rights (PDRs) mean you don't have to go through the often lengthy and complex process of submitting a full planning application to your local planning authority (LPA). This can save time and money.

  • National Rules: These rights are set out in law (primarily the Town and Country Planning (General Permitted Development) (England) Order 2015, though rules can vary across the UK's different nations).

  • Conditions and Limitations: While PDRs offer flexibility, they are not a free-for-all. Every type of permitted development comes with specific conditions and limitations that must be strictly adhered to. If your project doesn't meet all of these, it's not permitted development, and you'll need full planning permission.

Common Types of Permitted Development (Residential):

For homeowners, PDRs typically cover a range of common projects, including:

  • Extensions:

    • Rear extensions: Single-storey or two-storey, with limits on depth, height, and how much of the original garden area they can cover. Larger single-storey rear extensions may require "prior approval" (see below).

    • Side extensions: With limits on height and width (e.g., typically no more than half the width of the existing house).

  • Loft Conversions: Generally allowed, with limits on the volume of additional space created and restrictions on dormer windows facing a highway.

  • Outbuildings: Sheds, garages, summerhouses, swimming pools, etc., within the curtilage (garden) of the house, with limits on size, height, and location.

  • Porches: Small porches can often be added without planning permission, subject to size and setback requirements.

  • Hard Surfaces: Driveways and patios within certain limits.

  • Fences, Gates, and Walls: Up to certain heights.

  • Other alterations: Such as rooflights, chimneys, flues, and satellite dishes.

Important Considerations and Exceptions:

  • "Original Dwelling": Many PDRs relate to the "original dwelling," meaning the property as it was first built, or as it stood on 1 July 1948 (if older). If previous owners have already used up some of the permitted development allowance, your options might be more limited.

  • Property Type: PDRs for householders generally apply to houses, but not flats, maisonettes, or other buildings (like those converted from commercial to residential). These typically require full planning permission for external alterations.

  • Designated Areas: Stricter rules often apply in "designated areas" to protect their special character. These include:

    • Conservation Areas

    • National Parks

    • Areas of Outstanding Natural Beauty (AONBs)

    • World Heritage Sites

    • In these areas, some PDRs may be restricted or even removed.

  • Listed Buildings: If your property is a listed building, virtually all external alterations and many internal ones will require Listed Building Consent, overriding most PDRs.

  • Article 4 Directions: Local councils can issue an "Article 4 Direction" to remove certain permitted development rights in specific areas. This is usually done to protect the character of an area of acknowledged importance. If your property is subject to an Article 4 Direction, you will need planning permission for work that would normally be permitted development.

  • Prior Approval: For some larger permitted developments (e.g., larger single-storey rear extensions, or certain commercial-to-residential conversions), you still need to apply to the local council for "prior approval." This isn't a full planning application, but it allows the council to consider specific aspects of the proposal (e.g., impact on neighbours, highways, or design) and how they might be mitigated.

  • Other Consents: Permitted development rights only deal with planning permission. You may still need other consents, such as:

    • Building Regulations approval: Ensures your project meets structural safety, fire safety, energy efficiency, and other health and safety standards.

    • Party Wall Act agreements: If your work affects a shared wall with a neighbour.

  • Lawful Development Certificate (LDC): While not legally required for permitted development, it's highly recommended to obtain a Lawful Development Certificate from your local council. This is a formal document confirming that your proposed or completed development is indeed lawful under permitted development rights. It provides peace of mind and can be very useful if you later sell the property.

Commercial Permitted Development:

Commercial properties also have their own set of permitted development rights, which are often different from residential ones. These can include:

  • Extensions and alterations to offices, shops, warehouses, and industrial buildings, subject to specific size and height limitations.

  • Changes of use: Certain changes of use between different commercial classes, or from commercial to residential (e.g., offices or shops to homes), are permitted development, often subject to "prior approval" and specific conditions (e.g., minimum room sizes, natural light).

In Summary:

Permitted development is a valuable aspect of the UK planning system, streamlining many common building projects. However, it's crucial to understand that it comes with a detailed set of rules, conditions, and exceptions. Before starting any work, it's always advisable to:

  1. Consult the Planning Portal: The official government website (planningportal.co.uk) has comprehensive guides and interactive tools.

  2. Check with your local planning authority: They can advise on any local restrictions (like Article 4 Directions) and clarify specific rules for your property.

  3. Consider a Lawful Development Certificate: For formal confirmation and peace of mind.