Permitted Development Rights & Extensions Overview

Permitted development rights allow certain building works and changes of use to be carried out without having to make a planning application.

Permitted development rights are set out in The Town and Country Planning (General Permitted Development) Order 1995, as amended.

The General Permitted Development Order has been amended many times since it was first consolidated, so to ensure you have up to date information you should check the Planning Portal, which is the Government’s online planning and building regulations resource for England and Wales.

A range of time-limited permitted development rights were brought into force in May 2013 in an effort to stimulate development. In respect of household extensions, for a period of three years, between 30th May 2013 and 30th May 2016, householders will be able to build larger single-storey rear extensions under permitted development. The size limits have doubled from 4 metres to 8 metres for detached houses, and from 3 metres to 6 metres for all other houses.

The new larger extensions are subject to a neighbour consultation scheme. A householder wishing to build a larger extension will notify the Local Authority, who will the consult the adjoining neighbours in relation to potential impact on amenity. If any neighbours raise any objections, the Local Planning Authority will make a decision on whether the impact on the amenity of adjoining properties is acceptable and whether the work can proceed.

It is important to note that in some areas of the country, known generally as ‘designated areas’, permitted development rights are more restricted and exclusions apply. These areas include, Conservation Areas, National Parks, Areas of Outstanding Natural Beauty, the Norfolk or Suffolk Broads and World Heritage Sites. There are also different requirements in respect of listed buildings.

Permitted Development rights can also be removed by the Local Planning Authority by issuing an Article 4 direction. A common example of an Article 4 direction that is in place in Manchester is one that removes permitted development rights for change of use of a property from Class C3 (dwelling house) to C4 (houses in multiple occupation). This came into force in Manchester on 8th October 2011, so planning permission would therefore be required for change of use from Class C3 to Class C4.

If you intend to take advantage of the increased size limits for single-storey rear extensions under permitted development, at Myerson we can advise whether the property is subject to any restrictions with regards to permitted development rights. We will also advise whether there are any covenants affecting your property that would need to be considered before any works were carried out.

At Myerson, we offer a prestige conveyancing service, providing the highest quality legal advice for discerning clients. Myerson are also accredited members of the Law Society Conveyancing Quality Scheme – the mark of excellence in the residential conveyancing process.

For further information on our prestige conveyancing services, please contact a member of our Residential Conveyancing team.

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