Permitted Household Development

The October 2015 amendment to the Town and Country Planning (General Permitted Development Order) allows householders to develop within the domestic curtilidge without needing to submit a planning application. Permitted building work is falls into one of several classes:

  • Class A: The enlargement, improvement or other alteration of a dwellinghouse.
  • Class B: The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.
  • Class C: Any other alteration to the roof of a dwellinghouse.
  • Class D: The erection or construction of a porch outside any external door of a dwellinghouse.
  • Class E: The provision within the curtilage of the dwellinghouse of
    1. any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or
    2. a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.
  • Class F: Development consisting of -
    1. the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or
    2. the replacement in whole or in part of such a surface.
  • Class G: The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.
  • Class H: The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

For each of these classes, the 2015 amendment defines what may be considered permitted development. Providing certain limits and conditions are met, extensions, conservatories are considered to be Class A developments. Loft Conversions, Class B, Porches are Class D and a garage, Class D.

Introductory guides to permitted development may be found on the planning portal and for convenience have been reproduced here:

Note that some additional restrictions apply within the Peak District National Park and within Conservation Areas.

Whilst the wording of the 2015 Order seems clear enough, it does not consider in detail, the complex shape, position and orientation of many dwellings. Whether a proposal is permitted may depend on what is the "principal elevation". The Department for Communities & Local Government, recently published technical guidance to help clarify such matters:

Please contact us if you need advice on permitted development. Within our region, we do not charge for an initial site visit - Peak District National Park, Staffordshire Moorlands, East Staffordshire, Derbyshire Dales.

Different local planning authorities, LPA's have a different approach regarding more formal confirmation. Some LPA's will provide a written but informal view on the basis of a location plan and a basic plan of the proposal. An application for a Certificate of Lawful Development will be required for legally binding confirmation.

CLD

A Certificate of Lawful Development, or CLD is a document which confirms that a proposed development or use is legal.

The application is made through the planning system, but is handled by the planning authorities legal team.

Applying for a CLD is not generally necessary but is recommended if there is any doubt about the legislation.

Sometimes a mortgage company will require a CLD as a condition for extending a loan.

 

Building Regulations

Whilst you may be able to build without submitting a planning application. Most developments will require approval by the local authorities building control department.

Contact us if you would like advice on building regs.