The pitfalls of permitted development for houses

Introduction

Permitted development was introduced by central government as a way of cutting red tape and simplifying the planning process for certain improvements. However it is not as straightforward as it seems, with many pitfalls, which could mean you receive surprise enforcement action only after your development is complete.

Joining extensions

Any proposed regular or roof extension using permitted development rights, when joining onto an existing regular or roof extension, becomes one large combined extension which must conform to the relevant PD rules.

For example, a proposed rear dormer roof extension cannot join to the roof of any existing regular extension, because roof extensions can’t project beyond original external walls, nor can a ground floor rear extension join to an existing double storey side extension, because first floor side extensions are not permitted development.

Sometimes it is difficult to ascertain which part of the house is original or built before 1948, and which is not, however online research of old maps or comparison to other houses of the same type on the street my give clues.

Side facing original walls

Any proposed ground floor rear extension using permitted development rights, if attached to any bit of original external wall which faces to the side (not to the rear or front), must conform to the rules for both side and rear extensions.

While rear extensions have a depth limit, side extensions cannot be wider than half the width or the original house at its widest point, which will be an extra limitation.

Beware of existing original rear facing bay windows as their two side facing surfaces count as side facing original external walls.

Roof extensions beyond original walls

Although the permitted development, technical guidance document states that roof extensions under permitted development are allowed on top of side and rear extensions, this is in fact, not true.

Clarification from lawful certificate applications confirms that roof extensions beyond original external walls are only permitted development where they are on top of original outriggers behind Victorian terraces.

Extra stories

Applications for extra stories above existing houses have been refused by councils on the basis that the neighbouring houses are not as high as the proposal.

This is because one of the conditions of prior approval related to extra stories states that the council can decide whether the elevation of the proposal is aesthetically pleasing or not.

For this reason we believe this class of permitted development no different to a regular planning application, except that neighbours are not consulted, making it effectively redundant.

Previous applications hindering existing lawful certificates

We have encountered instances where labelling of room names on previous planning application drawings shows the use of a building different to that which is claimed on a lawful certificate of existing use using the four year rule, thereby giving the council reason for refusal.

Article 4 directions

Properties in specially designed areas such as conservation areas often have article 4 directions imposed by the council to remove certain permitted development rights.

Conditions of original planning permission

Conditions are normally imposed on previous planning applications for new houses built since the nineties, which remove future permitted development rights for extensions. They can also be imposed on previous planning applications for residential garages, requiring future use exclusively for parking cars, which remove rights for conversion to habitable space.

Conclusion

As can be seen by the examples above, there are many pitfalls to permitted development. Therefore it is advisable to seek the advice of an experienced architectural designer to submit a lawful certificate application to gain confirmation from your council that your development complies, before putting work in hand.