Permitted Developments Rights for Householders (Article 1)

June 2019

In 2015 a temporary permitted development right was bought in by the government in an attempt to get building work to the property market moving.  This was set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 and was to last until 31 May 2019.

On 25 May 2019 the government produced new regulations to make the temporary permitted development rights permanent.

Below we list some key changes:

  1. Which allows shops to change to offices
  2. Takeaways (up to 150m sq.) to change to residential use.
  3. Flexible use: of some outlets like betting shops and pay day loan shops are given temporary flexible use for up to 2 years the new regulations amend these rights.

In this article we will review the Householder rear extension permitted development rights.

There are two types of permitted development rights we look at both as follows:

  1. Standard permitted development rights
  2. Enlarged permitted development rights.
  1. Permitted development rights:

An extension or addition to your property is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:

  • Not more than half the area of land around the original house (when first built or as it stood on 1 July 1948) would be covered by additions or other Buildings.
  • No extension forward of principal elevation or side elevation fronting a highway.
  • No extension higher than the highest part of the roof.
  • Single storey rear extension must not extend beyond the rear wall of the original house by more than; terraced or semi-detached property 3m or a detached property 4m.
  • Maximum height of a single storey extension of 4m.
  • Extension of more than one storey must not extend beyond the rear wall of the original house by more than 3m.
  • Maximum eaves height of an extension within 2m of the boundary of 3m.
  • Maximum eaves and ridge height of an extension no higher than the existing house.
  • Side extension to be single storey with maximum height of 4m and width no more than half the original house.
  • Two storey extension no closer than 7m to rear boundary.
  • Roof pitch of extension higher than one storey to match existing house.
  • Materials to be similar in appearance to the existing house.
  • No verandas, balconies or raised platforms
  • Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above floor.
  • On article 2(3) designated no cladding of exterior.
  • On article 2(3) designated no side extension.

Article 2(3) designated land is land within:

  • A conservation area
  • An area of outstanding natural beauty
  • An area specified by the secretary of state for the purpose of enhancement and protection of the natural beauty and amenity of the countryside; or
  • The broads
  • A national park or
  • A world heritage site.

Original house means a house as it was first built or as it stood on 1 July 1948 (if it was built before that date).

Please note: The permitted development allowance indicated here applies to houses and not to:

  • Flats and maisonettes
  • Converted houses or house created through the permitted development rights to change use.
  • Other buildings
  • Areas where there may be planning conditions, Article 4 Direction or other restrictions that limits permitted development rights.

  1. Notification of a proposed larger Home Extension 

Schedule 2, Part 1 (Class A) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

Under the conditions set by permitted development legislation, householders are able to build larger single-storey rear extensions in certain circumstances.

Generally, single storey rear extensions must not extend beyond the rear wall of the original house by more than 4m. if detached; or more than 3m. for any other house.

However, where not on Article 2(3) land or in a site of Specific Scientific Interest this limit is increased to:

  • 8m if a detached house; or
  • 6m for any other house

Before development commences the relevant local planning authority must be notified of the proposed work.  This is done by completing and submitting the Notification of a proposed larger home extension form and providing the necessary supporting information.

Once in receipt of the correct information the Local Authority serve notice on adjoining owners or occupiers that adjoin your boundary including the rear. It will set out:

  1. When the application was received and when the 42-day determination period ends
  2. How long the neighbours have to make objections (which must be a minimum of 21 days), and the date by which these must be received.

If any adjoining neighbour raises an objection within the 21 day period, the local authority will take this into account and make a decision about whether the impact on the amenity of all adjoining properties is acceptable.

No other issue will be considered.

The Local authority will write to the applicant and confirm that no objection have been raised or that following consideration, it has been decided that the effect on the amenity of the adjoining properties is acceptable or is not acceptable.

If the local authority does not notify the applicant within 42 days, the development may go ahead.

If the approval is refused the applicant may appeal.

This particular permission above does not stop the applicant from applying for the following:

  1. Building Regulation approval.
  2. Party wall etc Act 1996
  3. Complying with CDM Regulations 2015.

If there is any doubt the Guild of Master Craftsmen recommends that you talk to and seek advice from your Local Authority Planning department.