Permitted Development Rules and
rights 2020 - October 1st 2008 (revised 2013 & 2015)
LATEST NEWS:- Loft conversions in some part sof the UK can be
built under permitted development rights and are now in huge demand since the Covid lockdown with many
more people working from home. Installing a loft conversion in East London, Wimbledon, Fulham as an example where
some homes cannot be extended in any other direction due to lack of garden space, are great ideas
for adding extra floor space... read more....
USE OUR QUICK-FIX APPROACH - The
information on this web site is extensive and is continually being updated. You may find it difficult to
locate the information you require or simply do not have the time.
If so, you may 'ask us a PD question'
direct which will save you a lot of research time and we have set up a option for you
to do this for a small fee (click here).
Latest news - 4th December 2020 - After 12 years since the 2008 PD changes took place, one
would have thought that there could not be any new or additional complications to the interpretation of this awful
piece of poorly crafted legislation.
You guessed it - The Planners are still finding new ways to be obstructive to
a lot of PD home extensions with the exploitation of technicalities that allows them to refuse a
normal homeowner their PD rights to extend their homes.
The sad thing is, I don't even see it ever stopping - read our latest updated
articles that demonstrates just some of the examples we have encountered over the last few years - The Planners dirty tricks list!
Do you need our 'one to one' help with Permitted Development Rights?
Here is a list people and their own situations who we
regularly assist & provide advice to:-
1 - THE HOMEOWNER WHO HAS ALREADY BUILT WHAT THEY THOUGHT WAS A PD PROJECT AND ARE NOW
BEING TOLD OTHERWISE BY THE PLANNING DEPARTMENT:- For this situation you simply need to be informed of
your options available after we have analysed your own specific situation and time scales for example.
2 - THE HOMEOWNER WHO HAS BEEN REFUSED A CERTIFICATE OF LAWFUL DEVELOPMENT FROM THE
COUNCILS PLANNING DEPARTMENT AND ARE NOW SEEKING A SECOND OPINION:- For this situation we would analyse
your current proposal and then offer a second opinion. If we could see a way to overcoming any technicalities
for the councils rejections then we would provide that strategy of information as well.
3 - THE HOMEOWNER SIMPLY SEEKING CLARIFICATION AND GUIDANCE ON THEIR PARTICULAR SCHEME
PRIOR TO STARTING THE PROCESS:- For this situation we would try to identify any shortfalls or
technicalities within your proposal that may prevent the Planners from confirming PD.
4 - THE HOMEOWNER SEEKING A STRATEGY FOR MAXIMISING THE SITES DEVELOPMENT POTENTIAL
WITHIN A MIX OF PD AND FORMAL PLANNING CONSENT AS WELL:- For this situation advising on timing with
phasing the scheme through the Planning system is vital in order to do this for sites within Green Belt for
example.
5 - THE NEIGHBOUR OF A PERSON WHO HAS INSTALLED A PERMITTED DEVELOPMENT BUILDING AND
SEEKING CONFIRMATION ON ITS PD LEGALITIES PRIOR TO ADVISING THE ENFORCEMENT SECTION OF THE
COUNCIL:- For this situation we would listen to your concerns and assess the neighbours structure and
provide an opinion upon its legality for you.
Should any of the above scenarios apply to yourself, then for a very modest £50.00 first step
'listening' fee we can assist. 80% of the time this first stage is enough to resolve your particular dilemma
or query. If your situation becomes more complex and requires extra in-depth input, then we will provide
you a fee quotation for the next stage for your consideration if you would like us to become more
involved. The choice is yours.
If you would like to use our 'ask us a PD
question' service direct then simply (click
here) and pay the £50.00 via paypal - its that simple.
Previous archive news on PD:-
Latest news - 20th May
2013 - Read our summary / opinions of the latest Permitted
Development 2013 changes and how they relate to the old Permitted development rules.
Latest news - 9th May 2013 - The
changes to the permitted development rules have now been approved, endorsed and about to come into force on the
30th May 2013.
The Government has done it. Pickles appears to have got his way - I never thought he would. The
Permitted Development rights or rules has now been changed from the 1st October 2008 version by means of a
temporary amendment document.
Download the 2015 GPDO document
here.
Download the latest 2019 DCLG
technical guidance on PD here.
This means that you now have to amend the original 2008 PD version of the wording with this new published amendment document. Its
the most clumsy & awkward way to have done it as you now need to read two sets of legislation & combine
them as one. You may want to simply amend the main 2008 document by hand yourself by editing in biro pen what
the amendment changes are. The PD amendment refers exactly to what sections or sentences are to be changed
within the main 2008 PD document.
NOTE:- Therefore much of the 'historic' information on this web site is now 'temporarily' out
of date or incorrect so tread very wearily.
The previous consultation document (click to view pdf) setting out its proposals
to temporarily relax ‘permitted development rights’ for extensions to homes and business premises for three
years has now largely been implemented as the original wish list. This does not relate to any approval under the
Building Regulations.
The new amendment document proposes that in “non-protected” areas, single-storey rear extensions with
a depth beyond the rear wall of eight metres should be allowed under permitted development rights for a detached
house and six metres for any other type of house, subject to some other limitations. Protected areas include
Conservation Areas and Areas of Outstanding Beauty but in the consultation Green Belt is defined as
“non-protected”.
The 2013 PD amendment document also proposes temporary increases in building allowances affecting
shops, offices, professional/ financial services and industrial premises and a temporary relaxation of some ‘prior
approval’ requirements for the installation of broadband infrastructure.
So, will this set of 2013 permitted development changes free up the planning system for
domestic homeowners?? Just more badly worded legislation causing confusion & allowing poor quality design that
will impact massively onto many neighbours.
Another opportunity missed that will simply create more planning confusion, extra work for all involved and
poor quality extension design with huge potential adverse neighbour impacts. read more...
YOUR GUIDE TO EXTENDING YOUR HOME WITHOUT NEEDING PLANNING PERMISSION.
Welcome to the Permitted Development web site. Since October 1st 2008 new Planning Legislation is in place that allows the home owner
certain rights and development benefits to add home extensions that they can implement WITHOUT the need to obtain formal Planning
Permission.
This site seeks to explore and discuss these 'PD' rights to
determine what the benefits, issues and pitfalls may be.
There is a lot of confusion at the moment with regard to the Permitted
Development rights legislation of the latest revision to the 2015 No. 596 - TOWN AND COUNTRY PLANNING, ENGLAND - The
Town and Country Planning (General Permitted Development) (England) Order 2015 being its full
title.
Not only was the legislation rushed at the last moment, it is very poorly phrased and worded that will set the
path for the English Lawyers and Legal System to make huge fees over the coming months possibly years until the Law
courts have set various precedents for Case Law.
The appeals to the Planning Inspectorate on declined Certificate of Lawful Development applications is now
nearly at 350 most of which have been scheduled, categorised and commented on within this web site FOR YOUR OWN
RESEARCH.
WHO CAN BENEFIT FROM THIS P.D. WEB SITE?
Primarily for any homeowner wishing to extend a dwelling utilising the sites permitted development rights or allowances. This
may also include prospective homeowners for a property or other developers.
For homeowners falling foul of the Planning system having built something which they
thought was permitted development to now be informed by the Council that it is not a PD structure and requires
retrospective Planning Consent or its removal.
Our aim is to provide you with information and opinions relevant to your particular type of residential
development to help you battle through the poorly phrased wording of the latest GPDO for Permitted Development from
solar panels to large home extensions.
USE OUR QUICK-FIX APPROACH - The
information on this web site is extensive and is continually being updated. You may find it difficult to
locate the information you require or simply do not have the time.
If so, you may 'ask us a PD question'
direct which will save you a lot of research time and we have set up a option for you
to do this for a small fee (click here).
Please explore the contents of this web site and download any
documents that you may consider useful. There are no restricted areas. Everything on this web site is free to
use. It is only our 'ask us a question service' for a quicker resolution to your PD query that demands a
small fee.
We have tried to be a central resource for most aspects of permitted development building works to existing
residential dwellings so that you can exploit the planning permission that you may already have.
Many Planning Authorities are 'non-proactive' or actively obstructive in helping you achieve an extension to
your home through the permitted development route and refuse or fail to advise you on the tactics required. Many
consider this release of planning control abhorrent. However, they too are struggling with this latest P.D.
legislation so it is not all a one way street.
Download documents and diagrams of
useful
Permitted Development
information
Why were the Permitted Development Rights revised?
Central Government for a long time has tried to unlock the Local Planning System which is predominantly made up
of 'Householder' Planning applications for domestic extensions, conversions or ancillary garden buildings. Many of
these planning applications find there way to the Planning Inspectorate for the Appeal when an Application has been
refused by the Local Council. This causes delays, costs. Certain academics at their 'White Hall Towers' have
decided that many of these 'low level' planning applications cause unnecessary delays to the Planning System which
subsequently holds up a lot of the more 'grander' high profile planning schemes. So something had to be done.
So how does this affect me?
Planning Permission is perhaps one of the most subjective and wide ranging set of
issues there is for a Local Authority to consider. This leads to a variety of opinions, inconsistent assessment
of relevant Planning Policy and third party interventions all seeking to have their say on what you (the home
owner) want to build.
Many of you may have already been 'through the mill' experiencing these issues only to be denied formal Planning
Consent - perhaps even at appeal.
Therefore, assessing what you are legally able to build on your property without formal Planning Approval is
perhaps an option you are now having to consider.
However, this process is not without its hurdles and obstacles and the new PD legislation has certainly 'upset
the apple cart' for a certain number of people which are mainly the Planners and disgruntled neighbours.
Summary of changes to the Permitted Development
QUOTE: "Bureaucracy defends the status quo long past the time when the quo has lost
its status".
The previous Permitted Development legislation had remained pretty much in tact for the
last 20 years with only minor wording revisions - The main context and assessment criteria remaining pretty much
the same.
This new phrasing of the Permitted development rights that began on October 1st 2008 really is a fresh approach
in most instances with a whole new assessment criteria of what you can build without Planning Permission that is
generally better for the home owner wishing to develop or extend than the previous set of criteria and limitations
that had a lot of Case Law as back up for clarification of certain dubious elements of the wording.
This new set of wording for the Permitted Development criteria wipes away an awful lot of previous Case Law
precedents that will now be re-challenged in the Courts all over again over the next few months if not years.
Having dealt with such Planning matters for over 25 years now I can guarantee that the current wording will be
revised very shortly to cater for the 'White Hall cock ups' when the Courts and Appeal systems have once again been
overloaded or some 'obtuse' MP in the Shires or Home Counties has his aspect interfered with or garden overshadowed
by a neighbour erecting an extension or garden building in a totally unneighbourly way without the need for
obtaining Planning Permission first.
OBSERVATION: Looking at what you can build without formal Planning
Permission is not just for the 'disillusioned home owner' who has just been refused Planning Permission now
seeking to locate a 'second best' position for their building requirements.
It is more usual that those people wanting to maximise their development potential for a site
should perhaps first consider what they can erect without formal Planning Permission and to then develop a 'two
prong' design solution that seeks to obtain planning consent for one scheme but then implements the PD scheme after
successfully obtaining Planning Permission for the other scheme. If you do this in the opposite manner the Planners
will likely 'means test' you for what you have already achieved on the site and then consider the 'accumulative
effect' of the total scheme with what you are applying for at Planning and a refusal will likely be the result.
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