Permitted Development Rights (also known as Permitted Development)

Certain types of development do not require planning consent because they are granted consent by law ( Town and Country Planning, General Permitted Development Order). Hence you have Permission to carry out certain limited forms of development without the need to make an application to a local planning authority.

Domestic
Commercial

Planning permission will not normally be required for the following:

Class A           THE ENLARGEMENT, IMPROVEMENT OR OTHER ALTERATION OF A DWELLINGHOUSE [Click here for Flats and Maisonettes]

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           PROVISION WITHIN THE CURTILAGE OF A DWELLINGHOUSE – of a building, enclosure, pool or tanks and containers for domestic heating fuel

Class F            CONSTRUCTION OF A HARD SURFACE WITHIN THE CURTILAGE OF A DWELLINGHOUSE

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

 

OTHER DOMESTIC PERMITTED DEVELOPMENT RIGHTS:-

FENCES AND WALLS

DECORATION, MAINTENANCE AND REPAIR

DEMOLITION

 

Unlike Domestic properties the range of permitted development rights available to commercial properties are more limited.

Planning permission is not usually required for :-

 Repairs and maintenance

 Internal alterations

 Small works outside the building (such as installing an alarm box)

Putting up walls, fences etc within certain height limits.

Minor Extensions

Houses that you will be living in, but from which you intend using some space for ancillary business purposes, may benefit from the range of domestic permitted development rights. [See Domestic]

Extensions to shops and offices will require planning permission.

 Factories and warehouses may normally be extended if:-

 The extension will be less than 1000 sq m of new floorspace; and

 The extension will be less than 25% of the volume of the original building; and

 The extension will not extend above the height of the original building.

 The extension must be related to the existing use of the premises, or may be for staff facilities associated with the premises.

So, you can build additional factory or storage space and additional offices or a canteen, but not space that you intend selling or letting to another business.

Any previous extensions must be taken into account when calculating the volume of the original building. You may have to submit a planning application if the allowance has already been used up.

Planning permission will be required if :-

 The allowable increase in volume has already been used for previous extensions.

 The extension will affect the external appearance of the building.

 The extension is to be within 5m of the property boundary.

 The extension will be on land required for parking or vehicle turning.

Change of Use

You may be able to change the use of your land or premises without the need for planning permission.

 For example shops can alter their use to another type of shop without planning permission. So a newsagents could be changed to a hairdressers or shoe shop without permission.

 You may be able to change between certain types of use without permission. For example you can alter a storage use to a business use, but not the other way. You cannot necessarily swap backward and forward either. Some changes may only be made in one direction.

 These changes are permitted by virtue of the Town & Country Planning (Use Classes) Order 1987. Further details may be found at UCO.

 If your property does not fall within one of the use classes it is Sui Generis; ie a use on its own. Any change of use will require a formal planning application.

Even if you think your property use can be altered without planning permission, it is always worthwhile double-checking with the planning department. You may not have identified a limiting planning condition on a previous planning consent that removed your Permitted Development Rights. Or there may be specific limitations of use imposed for particular reasons.

 You should also check any lease or title deeds, to ensure you may carry out the change of use without seeking landlords consent or breaching a Covenant over the property.

 As always, changes to Listed Buildings, or where Article 4 Directions have been issued, will limit your opportunities to benefit from Permitted Development Rights. 

The main set of legislaion on the above are:
The Town and Country Planning (General Permitted Development) Order 1995

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008
Town and Country Planning (Use Classes Order) 1987

Disclaimer:

Information on this page for guidance only. It serves as an introductory guide to planning issues and should not be used as a source for statutory definitions.

YOU SHOULD ALWAYS CHECK TO ENSURE THAT PERMISSION IS NOT NEEDED FOR THE PROPOSED DEVELOPMENT