Planning and Permitted Development – Doorstep Digest

Planning ensures that the right development happens in the right place at the right time, benefiting communities and the economy. It plays a critical role in identifying what development is needed, where, what areas must be protected or enhanced, and whether a proposed development is suitable.

Local government administers much of the planning system, preparing Local Plans, determining planning applications and carrying out enforcement against unauthorised development. Planning permission is required for most new buildings or major extensions or changes to existing buildings. Your local planning authority is responsible, after input from statutory and non-statutory consultees like Parish or Town Councils, Councillors or Highways, for deciding whether a development can go ahead.

Without a planning system everyone could construct or alter buildings or use land in any way they wanted, no matter what effect this would have on their neighbours and local area.

Did you know?

Not all building projects require planning permission.

Some may fall under “permitted development” rights, which allow householders to improve and extend their homes without the need to apply for planning permission, which would be out of proportion with the impact of works carried out. Larger single-storey rear extensions are subject to a neighbour consultation scheme.

(N.B. Different rules apply if you’re in a conservation area or if you’re planning to extend a listed building (see below).

Types of work which can be carried out under permitted development (with very strict criteria) include:

• The enlargement of or extension to your house
• Additions or alterations to your roof
• The erection of a porch less than 3 square metres
• The erection of some outbuildings
• New driveways
• The installation, alteration or replacement of a chimney or a satellite dish

Extension permitted development rules cover the size of the extension, the area of your land it would cover, whether it is built forward of the front or side of your house, whether it is higher than the highest part of your roof (less than 4m high for single storey extensions) and how far it extends beyond the back wall of the original house (8 metres for a detached house, or 6 metres for any other house).

If it is more than one storey, it mustn’t extend beyond the rear wall of the original house by more than 3 metres or be closer than 7 metres to the rear boundary of your property.

You generally have to use materials that are similar in appearance to the existing house and must not build a veranda, balcony or raised platform or deck higher than 300mm without planning permission.

Any side-facing windows on upper floors must be obscure-glazed, and any opening must be 1.7m above the floor.

An architect, designer or Planning consultant will be able to provide professional advice and expertise about your project.

Even if planning permission isn’t required, you may want to apply for a lawful development certificate (LDC). 

This is a legal document that states that work you’ve done on your house in the past or are planning to do doesn’t need planning permission.

If you believe your proposed building project is allowable under permitted development but would like to be certain about it, then a lawful development certificate will give you peace of mind.

Alternatively, if you’ve already made alterations to your home, broken a condition of planning permission, or carried out work on your land in time, the council may no longer be able to take action due to rolling time limits introduced in the Planning and Compensation Act 1991. An LDC may help you sell your home, raise the finance to buy it or convince you as a buyer that you’ll be able to carry out the work once you buy the property or land.

Some local authorities are allowed to remove permitted development rights under an “Article 4 Direction” or may have removed them from your property. Check with your local authority as part of your pre-project planning to find out if this is the case.

Beware that permitted development rights don’t apply to flats and maisonettes.

Whether or not you need planning permission, you will probably still need building regulations approval. Permitted development rights do not remove requirements for permissions or consents under other regimes such as the building regulations and the Party Wall (Etc.) Act.

Extensions to a Listed building

You’ll need planning permission and most likely listed building consent from your local council planning department, so it’s best to speak to them. Historic England has advice on work to listed buildings in England as a starting point.

Extensions to homes in conservation areas

You’ll also need planning permission for extensions in conservation areas. Contact your council’s planning department for advice. Again, Historic England is a good place to start for information on historic buildings.

Further information

You’ll find further information on whether you need planning permission in the UK Government’s guidance on permitted development.

The NHIC wishes to thank WG2 | Consumer Voice members for contributing to this guide.

Please note that this guidance document produced by the NHIC was correct when published. However, information and regulations may have changed since its publication. Therefore, seeking the most up-to-date information and expert advice is always advisable before making any decisions related to improving your home.