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Permitted Development Rights

(Lawful Development Certificate)

Certain types of work do not require planning permission. These are termed “permitted development rights” and include some minor house extensions and outbuildings that do not exceed certain limits. However, it is advisable to make a separate application to check that works are lawful. This is termed a Certificate of Lawful Development. This is useful if you decide to sell your property in the future.

Subject to constraints, permissible developments include:

  • Porches
  • Outbuildings, including sheds and garages
  • Loft conversions, with or without roof extensions
  • Single storey rear/conservatory and side extensions

There are instances where some permitted development is not allowed – eg: the building is a block of flats or a maisonette, is a ‘listed’ building or a building in a conservation area, or where restrictive conditions are placed on existing approvals.

 See here for more information:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf

Prior approval

(Larger Home Extensions up to 6m/8m)

The government has changed permitted development rights so householders can build larger extensions. However, to do so, householders must gain prior approval from local authorities before commencing work.

The increase is from 3m to 6m for terraced or semi-detached properties and 8m for detached properties.

( In Hillingdon, because of a boroughwide Article 4 direction, 4m is the maximum depth of extension permitted for a prior approval)

Planning permission

Planning permission is the consent of the local authority to a proposed development. New builds, flat conversions, any change of use, extensions to commercial buildings, double storey side/rear extensions, larger outbuildings, single storey side/rear extensions exceeding the permitted development rights, any changes to buildings in conservation area, etc. usually require planning permission. Decisions on granting planning permission are made in line with national guidance (in the form of the National Planning Policy Framework) and the local planning policies set out by the local authority.

There are various types of planning permission.

  1. Householder planning applications are comparatively straightforward and should be used for proposals to alter or enlarge a single residential dwelling house, including works within the curtilage (boundary/garden).
  2. Full planning applications should be made for commercial or business premises and for residential premise not within the householder planning category. Common examples of when you need to make a Full Planning Application are any works relating to a flat, conversion of the dwelling house into flats, building a separate dwelling in the garden, or any change of use.
  3. Retrospective planning applications: If changes are made to a property that require planning permission when approval has not been sought beforehand, local authorities may request a retrospective planning application for the work already carried out. Authorities might also take enforcement action against the development.

Though local authorities may ask for planning applications to be submitted, this does not mean planning permission will automatically be granted. The application will be subject to the standard procedure.

If the retrospective application is refused, local authorities might issue an enforcement notice that requires restoring the original building.

If you have doubt about planning permission requirements for a development, you may get advice from the relevant local authority or call us for fee-free advice.

Planning appeal

A planning appeal is the process of appealing to local authorities to reconsider a planning application after it has been refused or dismissed by a planning committee. A planning appeal has no guarantee of successfully overturning an application refusal. You must have a valid reason to appeal or think that the planner dealing with your application has made an error.

Building regulations

Building regulations set standards for design and construction of buildings to ensure the health and safety of the occupants. They also include requirements for fuel or power to be conserved and facilities for people (including those with disabilities). Local authorities’ building control departments or private building inspectors (termed “approved inspectors”) will check the work of builders and drawings of the architects to ensure developments are compliant with the current building regulations. Approval is required for most building work in the UK and this includes

  • extensions to existing residential/ commercial buildings (regardless of size)
  • loft conversions
  • residential conversions
  • new builds
  • structural alterations such as removal of load bearing walls, chimney breasts;
  • drainage/plumbing alterations including new bath/shower rooms
  • electrical works (not covered under a self-certification scheme)
  • installation/replacement of boilers

Build over/build close to public sewers and sewer diversions

It is likely underground drainage pipes and manholes exist within the boundaries where homes are extended. The drainage pipes (termed “public sewers”) are mostly owned by sewerage companies. To make sure the work does not accidentally affect a sewer, or limit any manhole access, a build over agreement must be obtained from sewerage companies such as Thames Water, Anglian Water, Wessex Water etc. before commencing the building works.

Types of works in relation to public sewers:

  • Build over/close to public sewer

    Either if a building is built over a public sewer or if a building is built within 3m of a public sewer, a build over/close to public sewer agreement is required from the relevant sewerage company/authority.

  • Diversion of the sewer

    If the location of a public sewer is preventing land development or property extension from progressing, drainage authorities may allow diversion, alteration to or removal of the sewer. To divert a public sewer, a legal agreement must be obtained before commencing works.

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