Fortunately, not all development requires planning permission and there are a variety of works that can be done to most dwellings without it.
As a general rule, most types of development require planning permission. However, ‘development’ can appear to be a broad, vague term. The Town and Country Planning Act 1990 defines development as:
‘the carrying out of building, engineering, mining or other operations in, on, over, or under land, or the making of any material change in the use of any buildings or other land’.
Works which do not fall under the above definition of development, will likely not require planning permission or any other form of consent. For dwellings, this means that some works do not require permission, including the following:
Interior alterations
Building operations which do not materially affect the external appearance of a building. This includes works such as the replacement of windows and external doors so long as they are of a similar appearance to the windows and doors that are to be replaced.
A change in the primary use of a building, where the before and after use falls within the same use class. However, the subdivision of a building (including any part of it) used as a dwellinghouse for use as 2 or more separate dwellinghouses, will require planning permission.
There are also some works which do fall within the definition of development that do not require planning permission, and instead utilise permitted development rights. The Town and Country Planning (General Permitted Development) (England) Order 2015 sets out these permitted development rights, proving a list of works that can be undertaken without requiring planning permission, and what restrictions must be adhered to for the works to be lawful.
Unfortunately buildings and land within certain designated areas have some permitted development rights restricted or removed. These designated areas include a Conservation Area, an Area of Outstanding Natural Beauty, an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside), the Broads, a National Park, a World Heritage Site and/or a Site of Special Scientific Interest. Land subject to Article 4 Directions also face restrictions. A direction which enables the Secretary of State or the local planning authority to withdraw specific permitted development rights across a defined area. Conditions imposed on a previous planning permission, relating to the building or land in question, can restrict or remove permitted development rights. Conditions can be removed or varied through an application made under Section 73 of the Town and Country Planning Act (1990), or through an appeal, but such an application/appeal will only be granted/allowed where the condition fails to meet the tests for conditions.
There are several permitted development rights that relate to dwellings, most of which are situated within Parts 1 and 2 of Schedule 2 of the Order. The restrictions set out in the legislation must be complied with, and in some cases, an application for Prior Approval must be submitted to the local planning authority, and approval in most cases must be given before any works can commence. If Prior Approval is not required, an application for a Lawful Development Certificate may be submitted to the local planning authority and, if the Certificate is issued by the Council, will confirm that the works are indeed lawful.
A brief summary of the permitted development rights relating to dwellings is provided below:
Class A – enlargement, improvement or other alteration of a dwellinghouse: allows for a range of extensions including certain single storey side and rear extensions, and other alterations. Class A does not allow for extensions on the principle elevation of the dwelling. Prior Approval may be required for Class A development in certain circumstances.
Class AA – enlargement of a dwellinghouse by construction of additional storeys: allows for upwards extensions of up to two additional storeys, where the existing dwellinghouse consists of two or more storeys, or one additional storey, where the existing dwellinghouse consists of one storey. Prior Approval is required from the local planning authority for Class AA development which considers impact on amenity of adjoining neighbouring properties, and the external appearance of the enlargement.
Class B – additions, etc, to the roof of a dwellinghouse: allows for the enlargement of a dwellinghouse consisting of an addition or alteration to its roof. The main constraint of Class B development is that any additions cannot exceed the height of the highest part of the existing roof. Prior Approval is not required for Class B development, but a Lawful Development Certificate can be obtained to confirm the works as lawful.
Class C – other alterations to the roof of a dwellinghouse: allows for any other alterations to the roof with the exception of the installation, alteration or replacement of a chimney, flue or soil and vent pipie, or solar photovoltaics or solar thermal equipment which are covered in other permitted development rights. Similarly to Class B, works under Class C cannot exceed the height of the highest part of the existing roof. Prior Approval is not required for Class C development, but a Lawful Development Certificate can be obtained to confirm the works as lawful.
Class D – porches: allows for the erection or construction of a porch outside any external door of a dwellinghouse. There are several restrictions on the dimensions of the porch. Prior Approval is not required for Class D development, but a Lawful development Certificate can be obtained to confirm the works as lawful.
Class E – buildings, etc, incidental to the enjoyment of a dwellinghouse: allows for the provision within the curtilage of the dwellinghouse of any building, enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or a container used for domestic heating purposes for the storage of oil or liquid petroleum gas. There are several restrictions of Class E that range from the dimensions of the building and where it is situated in relation to the boundaries of the curtilage of the dwellinghouse, and the dwellinghouse itself. Prior Approval is not required for Class E development, but a Lawful Development Certificate can be obtained to confirm the works as lawful.
Class F – hard surfaces incidental to the enjoyment of a dwellinghouse: allows development consisting of the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse or the replacement in whole or in part of such a surface. Prior Approval is not required for Class F development, but a Lawful Development Certificate can be obtained to confirm the works as lawful.
There are also a number of other minor works that can be carried out without planning permission, under permitted development rights. These include:
Class G – chimneys, flues etc on a dwellinghouse
Class H – microwave antenna on a dwellinghouse
Class A (Part 2 of the Schedule) – gates, fences, walls etc
Be aware that if the legislation is not entirely complied with when developing under permitted development rights, the local planning authority’s enforcement team may be in contact. They may require you to submit a planning application for the works, alter the development so that it complies with legislation, or even ask you to remove the development entirely and return the site/building to its pre-existing condition.
Permitted development rights can be complicated. Our consultants have considerable experience in this field and regularly advise clients on what can and cannot be done without planning permission. We also use these rights to help secure development by creating a 'fallback' position (but that will require another article to explain). If you are unsure if your project can be done using your permitted development rights get in touch and let us help you get to the bottom of it. Use the details below or visit https://squiresplanning.co.uk/index.php/contact
Please note, this article contains correct information at the time of publication (05/09/2022).
