There is understandably a lot of confusion over permitted development rights at the moment. It’s something that we come across talking to new and existing clients here in Milton Keynes or further afield, every single week.
Old Rules
The Department of Communities and Local Government published new rules that came into force on 1st October 2008 in respect of Permitted Development Rights for dwellings. This is in regard to building works that can be undertaken to the house and in the garden of a dwelling without the need to apply for planning permission. It has been followed by further changes and clarification to the rules.
The old Permitted Development Rights prior to the 2008 changes were in truth quite complicated, but at least those operating in the field had built up a working knowledge of the rules.
Furthermore, where ambiguities existed in the old rules, they had been plugged by much case law and many guidance notes.
New Rules
What we now have is a simplified set of rules – supposedly.
Well, in my view they are simple in that they must have been constructed by a simpleton! They are clear cut for a few very simple cases.
It is true that we now have a clever animated piece of software which can be seen on the Government’s Planning Portal, which can be accessed and understood by the general public. Some clients elect to exactly copy what is shown on the website to be sure that planning permission is not required and this often results in a poor extension which is badly related to the space within the house and visually externally.
This is very sad because often the planning authorities would allow an alternative.
So where to next?
The situation is now going to get much worse as planning authorities start charging to tell us if planning permission is required.
It’s got to the point where we sometimes advise clients to apply for planning even though we think (but can’t be sure) that planning permission isn’t in fact required. The cost and time delay in getting this information, which may require us to apply for planning anyway, is not worth the bother.
I must remind readers that even if your desired extension exactly fits the straight jacket of the permitted development rules, this still may not exclude you from relying upon planning persmission. Why? Because your permitted development rules may have been used up by a previous extension, there may be a planning condition negating your permitted development right, or the local authority may have removed your permitted development rights with what is known as an Article 4 Direction.
An Article 4 Direction is usually used to restrict some type of development that is considered by the local planning authority to be detrimental to an area. Clearly they are intended to be quite specific in regard to what is to be restricted and the geographical area to which they are applied.
It’s worth noting that in general planning authorities appear not to like permitted development as it removes their power of control. It is undoubtedly true that some planning authorities act like a “design police force” enforcing an authoritarian regime and submerging the individual home owners rights. Having said that, they do in the main carry out this high handed approach honestly and without favour. It seems that they do not trust us, the public, to exercise restraint or good taste.
To Recap:
You may be able to extend your house without requiring planning permission but you may have to pay to get this confirmed.
Remember that needing planning permission is not the same as being denied planning permission. In fact, most of my projects where planning is required, do get planning permission.
In my view it is worth getting something in writing from the local authority, because when you come to sell you will be asked to provide evidence that the extension to your house was lawfully carried out – and how else would you prove that?
Featured photo courtesy of Brian Turner