Planning Permission and Permitted Development – The Differences

The Local Planning Authority (LPA) – usually the district or borough council – is responsible for deciding whether a proposed development should be allowed to go ahead via a Planning Permission. Most new buildings, major alterations to existing buildings and significant changes to the use of a building or piece of land need full planning permission.

Certain minor building works – known as Permitted Development– do not require Planning Permission. This is because the effect of such developments on the surrounding environment is likely to be small. Under ‘existing Permitted Development’ rules, single-storey rear extensions and conservatories can be constructed without Planning Permission if they do not extend beyond the rear wall of the original house by a set distance.

Changes in legislation

Recent legislation in relation to Permitted Development means it is now possible to build more under this remit. For a semi-detached property, the previous limit of three metres from the face of a building for single storey extensions (9ft 11ins) and for detached homes four metres (13ft 1in) have been doubled. Meaning many extensions which would have required Planning Permission can now be built under Permitted Development.

Permitted Development

Permitted Development rights apply only to a ‘private dwelling house’ as originally constructed, or as the dwelling stood at a certain point in time. Listed buildings are excluded and properties in designated areas such as conservation areas, Green Belt, National Parks and Areas of Outstanding Natural Beauty have restrictions on their Permitted Development rights.

Although it should be possible in most cases to judge whether a proposed project qualifies as Permitted Development, there will be situations and projects that are not as clear cut. If there is any ambiguity, it’s recommended to alter your plans to ensure they meet Permitted Development limits and conditions. Or choose to apply for a Lawful Development Certificate. This is not the same as Planning Permission but is proof that your household building work is lawful.

Projects which can come under your permitted development rights include:

• Rear extensions
• Side and side return extensions
• Garden rooms
• Loft conversions
• Two-storey extensions
• Garage conversions
• Building a new storey

An increasing number of Local Authorities offer a consultancy service for a small fee and will confirm in writing whether a planning application is required. When coming to sell the property, this evidence is very useful to avoid lengthy delays in the conveyancing process. As this document proves your project was lawful at the point of construction, it protects you in the event planning policies change and ensures you don’t accidentally build something outside of your permitted development rights.

Prior approval

While permitted development rights allow you to alter buildings without the need for a full planning application, some projects will still need to be reviewed by your local authority. This is known as ‘prior approval’ and it’s likely you’ll need to submit an application early on to see whether or not your project warrants this type of planning.

An advantage of prior approval, when compared to a full planning application, is that there is less subjectivity in the assessment. While planning applications can be accepted and rejected by your council’s own unique criteria, prior approval ensures your project is only being judged against fixed legal requirements – making planning success easier to achieve.

Planning permission is often refused if:

• The build overshadows a neighbour, causing loss of light
• The build overlooks other homes, causing loss of privacy
• The build appearance is out of character with the existing property/locality
• Overdevelopment
• It impacts on highway safety
• Use of hazardous materials
• Impact upon trees
• Restricts road access
• Negative effect on nature conservation
• Your property is a listed building

Full planning application

Projects not covered by permitted development rights, will need to be processed via a full planning application. Unlike the other planning routes, planning permission allows your project more creativity and scope. However, success via a planning officer’s approval is more subjective. As most local authorities work to their own set of guidelines, approval is possible in one area that may be rejected in another.

For potentially controversial or ambitious projects, it is advised to submit a pre-application. This involves an informal meeting with your planning officer, usually in person, on the phone, offering the opportunity to discuss the feasibility of your ideas, alongside any foreseen issues.

The following is required to submit a planning application:

• The correct fee
• Design and access statement
• Site plan
• Surveys (as applicable)

How we can help you

Are you considering a building project, either of a home, outbuildings or disused farm buildings? It is advised to involve a planning professional. Doing this promptly avoids heading down any rabbit holes that may be costly in terms of time or money.

We have a team of planners who are experienced working for and with local authorities, landowners and homeowners. Additionally, we have experts in equestrian planning within our team.

If you wish to contact our team for a no-obligation discussion about your project, please get in contact.