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Martin's Blog 30/06/2010 - Planning Permission - When You Don't Have to ApplyThe whole process of applying for and securing Planning Permission can be quite a headache for property developers and renovators. Not only can the process be long and arduous, but depending on the degree of work that is being proposed, it can also be costly with no guarantees at the end that permission will be granted. It’s a subject that I am often asked about since for the inexperienced developer with grand plans to redevelop a property or build a new one – it can seem a bit of a lottery. Of course, each and every local authority has its own ‘rules’ on what projects they will grant planning permission to and what will need to be amended to fit their local plan. However, there are instances where modifications to a property – and extending it to some degree – do not require Planning Permission. These are alterations made under ‘Permitted Development’ (or Permitted Development Rights). Permitted Development Permitted Development is essentially a ‘blanket’ permission to carry out certain limited forms of development without the need to make an application to a local planning authority. This permission is granted under the terms of the Town and Country Planning (General Permitted Development) Order 1995. Permitted development rights apply to many common projects for businesses and houses but do not apply to flats, maisonettes or other buildings. In some areas of the country, known generally as 'designated areas', permitted development rights are more restricted. So for example, if your property is in a World Heritage Site, Conservation Area, a National Park, an Area of Outstanding Natural Beauty, you will need to apply for planning permission for work which do not need an application in other areas. There are also different requirements if the property is a listed building. If there is any doubt as to whether a development would be permitted development, you should seek advice from the local planning authority to ascertain if what you is lawful under Permitted Development Rights or if you will need to get specific planning permission. If you want to be certain that your proposal does not require planning permission you can apply for a "Lawful Development Certificate" from your local council. They will charge a fee for this, but it may be useful if you need to prove that your project or use of a property is within the law. Article 4 Directions You should also note that the local planning authority may also remove some permitted development rights by issuing an ‘Article 4 direction’. This will mean that anyone wanting to carry out work that may have previously been covered under the Permitted Development law, would still have to submit a planning application. Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the local planning authority if you are not sure. Whilst unfortunate, because it means that work falling under Permitted Development in other areas would have to go through a Planning Permission application, Article 4 Directions are not issued without careful consideration, because the Council may be required to pay compensation in circumstances where you cannot obtain planning permission for development which otherwise would be treated as permitted development. What is allowed under Permitted Development Rights? Under Permitted Development, you can: 1. Improve your home by means of: For a detailed list of what is allowable under Permitted Development Rights, please click here: |
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