Planning to develop, extended or diversify? What can you do without planning permission?
Whether you want develop, extend or diversify your property it will be cheaper and easier if this can be done without having to obtain planning permission. There are permitted development rights that could mean this is an option.
Permitted development rights allow certain building works and changes of use to be carried out without having to make a planning application. These rights are set out in The Town and Country Planning (General Permitted Development) Order 1995, as amended (“GPD”).
There are significant potential benefits of not having to apply for planning permission. Planning applications can be costly, time consuming and uncertain. The local planning authority may require substantial supporting documents to be produced, you may be required to go through neighbourhood consultations, you may even be refused and end up appealing, or the application could be called in by the Secretary of State. Permitted Development will circumvent the majority of this allowing you to start on site sooner, be cheaper and simpler and you may avoid having to appoint different professionals to get the project on-site.
Homeowners could extend with a loft conversion or enjoy your garden more with the erection of a summer house, there are substantial extensions or new buildings allowed for those using their current buildings for warehousing, up to 100 square metres, and last year the government substantially amended the rights for agricultural holdings allowing, most significantly, changes of use to residential property.
Needless to say it is not as simple as it first appears.
Permitted development rights are a national grant of planning permission and are subject to national conditions and limitations. Some rights are only allowed for a limited time and some areas are excluded from permitted development rights entirely either under the GPD or by the local planning authority.
In addition, whilst you may not require planning permission, you may still be required to pay the Community Infrastructure Levy if one exists in the area and if any other permission or consent is required, most notably building regulations, the GPD will not exempt you from this. You may also have permitted rights for change of use but still require planning permission for the development itself.
You may be required to get prior approval from the local planning authority. Although this is significantly less arduous than planning permission the matters that require prior approval and the procedure vary depending on the proposed development and the local planning authority.
It should also be noted that failure to comply with the GPD can lead to enforcement action being taken by the local planning authority or make it necessary to apply for planning permission and if permitted development rights are used it can have a knock on effect on the availability of other permitted development rights at a later date.
Before embarking on a project which requires an expensive and uncertain planning application it will be worthwhile looking at what you can do under the GPD but make sure you read it carefully.
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