New Permitted development rights for householders for a period of 3 years between 30 May 2013 & 30 May 2016
ALL CONSERVATION AREAS AND LISTED BUILDINGS WORKS REQUIRE A FORMAL PLANNING APPLICATION.
The Local authority has a 42 day (6 weeks) determination period in which to respond (opposed to the 6-8 weeks planning application period) and will serve notice on adjoining owners or occupiers including the rear neighbours, this will include;
Full details of the proposed scheme, where and what the development is.
Details of when the application was received and when the determination period ends.
Details of how long the neighbours have to make objections with dates (this is a 21day min)
A copy of notice will be sent to developer also.
If an objection is received, the Council will take this into account and make their decision based on impact on the amenities of all adjoining properties. No other issues will be considered. The development can go ahead if the Council notifies the builder that there were no objections, or that there were objections but these have been considered, taken into account and dismissed. This must be done within the 42 day period. If refused, the developer may appeal. The building must be built in accordance with details approved by Local Authority (LA) with any changes in writing by the LA. If there is no response from the LA it can be built in accordance with details submitted in the notification. All other relevant limitation still applies as set out in the PD Technical Guidance Class A. (see details in the planning portal link)
The extension MUST be completed on or before 30 May 2016 and the developer must notify the local authority in writing of the date of completion.
NOTE. Building Regulation approval will still be required.
For homeowners wanting to sell the property on, a Certification of lawfulness will be required. However is always worth considering a formal planning application from the start. It may save you time and costs in the long run, especially if you think the neighbours could be a problem.
Permitted Development Rights:
The Town & Country Planning (General Permitted Development) Order 1995 (“the GPDO”) grants automatic planning permission for certain alterations to dwellings. These are called permitted development rights.
You can make certain types of minor changes to your house without needing to apply for planning permission. These are called "permitted development rights". They derive from a general planning permission granted not by the local authority but by the 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.
The main changes can be summarised as follows:
Rear and side extensions
The current volume allowances for extensions are replaced by the following permitted development rights:
If any extension comes within 2m of any side or rear boundary of the property, the eaves height of the extension must not exceed 3m.
In conservation areas, side extensions of any height and rear extensions of more than 1 storey are not allowed.
Loft conversions and other roof extensions will not require planning permission where:
These changes will give householders greater scope to extend and improve their homes without going to the time and expense of applying for planning permission. They will however increase the scope for neighbour disputes.
Remember Building Regulations nearly always are required for developments.
In some areas of the country, known generally as 'designated areas', permitted development rights are more restricted. If you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty or the Norfolk or Suffolk Broads, 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.
You should also note that the local planning authority may have removed some of your permitted development rights by issuing an Article 4 direction. This will mean that you have to submit a planning application for work which normally does not need one.
Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the local planning authority if you are not sure.
NOTE: Houses created through permitted development rights to change use from shops, financial and professional services premises or agricultural buildings cannot use householder permitted development rights to improve, alter or extend homes: planning permission is required.