Covering the bases for Permitted Development Rights for Householders

1. Covering the bases for Permitted Development Rights for Householders Permitted Development Rights the most viable route for householder projects The UK has one of the world's most complex web of laws around property development. Planning permissions are notoriously difficult to have approved and involve lengthy processes that can prove costly. The reason is that not only does UK Law apply, but also European Law (at least for the time being), in addition to a network of regulations and policies relevant to each borough. Permitted Development Rights for Householders Permitted Development Rights are those alterations that do not require a Planning Permission Application. That seems simple, but in fact it is far from it. For example, certain alterations that fall under Permitted Development Rights would not be approved in a Planning Permission Application. In these cases, it is more than worthwhile to know what Permitted Development Rights exist. There are eight classes of Permitted Development Rights with separate rules for each class. Most work done under Permitted Development Rights falls under classes A to E: enlargement, improvement or alteration (Class A), additions to the roof (Class B), other alterations to the roof (Class C), porches (Class D) and outbuildings (Class E). Conservation versus normal areas Permitted Development Rights also differ between conservation and normal areas. A conservation area is an area “of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance” (s69(1)(a) Planning (Listed Building and Conservation Areas) Act 1990). There are around 7000 conservation areas in the UK.

2. Although the General Permitted Development Order 2015 allows certain minor developments to take place without a Planning Permission Application, this is more restricted in conservation areas. Local Planning Authorities with withdraw Permitted Development Rights for a range of developments that affect the external appearance of buildings. Permitted Developments in normal areas Permitted Developments in normal areas include rear extensions (single or double storey), side extensions, loft extensions, basements, outbuildings which will not be inhabited, porches, chimneys, patios and roof lights. But beware, some of these may have more specific restrictions applied in a particular borough. Permitted Developments in conservation areas The regulations for conservations areas are far stricter and each borough will have its own specific regulations. In general, however, single storey rear extensions may be allowed with extra restrictions applied; outbuildings and chimneys are permitted with extra restrictions applied; roof lights, basements, porches and patios are permitted. However, Councils have the right to remove or amend the PD rights in a conservation area. This may be done with a Planning Condition or an Article 4 that removes PD rights and should be published in a Council Directive. Although Council Directives should be published on the Council website, some older Directives may only be available by contacting the Council itself. Certificates of Lawfulness If all alterations or extensions are covered under Permitted Development Rights, it's still the safest route to get a Certificate of Lawfulness. To obtain a Certificate of Lawfulness, all plans must be drawn up by a knowledgeable, registered and experienced architect. Drawings must show all dimensions and the designated Class of each alteration or extension must be included on the form. A Council fee is payable that is about half the cost of a Planning Permission Application. Further assistance It is vitally important to know when a proposed alteration or extension is covered under Permitted Development Rights and when it will require a full Planning Permission Application. Planning Permission Applications can fail where a Permitted Development Certificate of Lawfulness would succeed.

3. Householders wishing to make alterations or extensions to their properties, whether in a normal or conservation area, should ensure they have both an architect and a town planning services advisor in their corner. A town planning services advisor will be able to advise on the lawfulness of any householder project and obtain the necessary Certificate of Lawfulness for any Permitted Development. William Avery is a qualified town planning practitioner and Member of the Royal Town Planning Institute. He is a graduate of the prestigious Bartlett School of Planning at University College London and possesses a Post Graduate Diploma in Town and Country Planning. William Avery founded WEA Planning, now based in Notting Hill, West London, and still functions as the company's Director. WEA Planning has several years of experience as town planning advisors in London. WEA Planning staff have worked for and advised Local Authorities, architects and other planning consultancies. WEA Planning's balance of experience gives them unique insight into the way local decision makers operate as well as commercial expertise. For more information: Please visit: http://www.weaplanning.co.uk/ Contact: 02034880127