Project Information…

Do I need Planning permission…

This depends on what type of development you are looking to carry out. Some minor alterations and extensions, particularly to houses, can often be carried out without the need for planning permission. This is known as permitted development (please note, that your development may still require Building Control approval).

The following points need to be taken into consideration when thinking about a project:

• The type of house you live in. For example, the regulations will vary depending on whether the house is detached or attached.

• If the property has been the subject of any previous alteration and extension work.

• If the Local Authority has removed Permitted Development Rights to your property meaning that certain works that would otherwise have been permitted no longer are.

• If the property is listed or occupies designated land. Designated land includes national parks and The Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites.

• Relation of the proposal to the highway. Normally, if your proposal extends toward the highway, it is likely that the proposal will need permission.

• If you live in a flat. Flats do not have Permitted Development Rights and therefore any extensions would require planning permission.

Retrospective Planning permission…

A planning breach usually occurs when: A development that requires planning permission is undertaken without the permission being granted – either because the planning application was refused or was never applied for.

In circumstances where the local planning authority considers that an application is an appropriate way forward to regularise the situation, the owner or occupier of the land should be invited to submit their application (Section 73A of the Town and Country Planning Act 1990) without delay.

The failure to obtain planning permission or comply with the details of permission is commonly known as a ‘planning breach’

A planning breach usually occurs when:

• A development that requires planning permission is undertaken without the permission being granted – either because the planning application was refused or was never applied for

• A development that has been given permission subject to conditions breaks one or more of those conditions.

A planning breach in itself is not illegal and the council will often permit a retrospective application where planning permission has not been sought.

However, if the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were. Your local planning authority can serve an enforcement notice on you when they consider you have broken planning control rules. Normally this will be because they consider what you are doing, or have done, to be harmful to your neighbourhood.

The decisive issue for the local planning authority should be whether the breach would unacceptably affect public amenities or the existing use of land and buildings meriting protection in the public interest.

It is illegal to disobey an enforcement notice unless it is successfully appealed against. You can appeal against both refusals of permission and enforcement notices but if the verdict comes out against you and you still refuse to comply you may be prosecuted.

Permitted Development…

You can perform certain types of work without needing to apply for planning permission. These are called “permitted development rights”.

They derive from general planning permission granted not by the local authority but by Parliament. Bear in mind that the permitted development rights which apply to many common projects for houses do not apply to flats, maisonettes or other buildings. Similarly, commercial properties have different permitted development rights to dwellings.

In some areas of the country, known generally as ‘designated areas’, permitted development rights are more restricted. For example, if you live in:

• A Conservation Area

• A National Park

• An Area of Outstanding Natural Beauty

• A World Heritage Site 

You will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also different requirements if the property is a listed building.

Prior Approval…

In May 2013, the government launched the application for prior approval, which allows homeowners to request extensions up to twice the length of the standard permissible development standards (i.e., you can propose an expansion of up to 6 metres from the standard 3 metres for a terraced or semi-detached property, and up to 8 metres from the standard 4 metres for a detached property). Nonetheless, the projected extension design must comply with all standard permitted development restrictions, including those governing height, dimension, depth, material finish etc. 

The procedure used for this kind of application is that the council will notify your neighbours about your proposal and provide them with a 28-day consultation, to make any comments regarding the application. If no objections are raised, the council will approve the project.  

In the event that an objection is received, the council will examine the plan and decide whether or not the additions are appropriate given the proposed size and potential impact on nearby properties in terms of loss of daylight and sunlight and dominant effect. Suppose an objection is made in this situation, from our experience. In that case, the planning department takes a negative view of proposals of this scale, and in most common cases, will reject the application. No alterations are accepted with this form of application and therefore would either require a resubmission, or an alternative application process such as standard planning permission.

Before filing any applications, we would always advise discussing the intended addition with a neighbour or neighbours. This would enable the possibility of highlighting any possible concerns early on, giving scope for any design adjustments required to ensure a positive result. In some instances, your neighbour might find the proposed size to be excessive and may well agree to your proposal based on a reduced depth.