Planning Regulations Update

Introduction

As from October 2008 changes have been made to the planning laws in England and Wales that remove the need to obtain planning permission for most common home improvements. The changes have clarified and extended the Permitted Development Rights, i.e. building works that don’t need planning permission, to cover potential projects such as Extensions, Loft and Garage conversions. Planning permission will be needed for otherwise exempt work where specified limits are exceeded.
The requirements for most typical building projects are shown below, however we do advise speaking to the correct local authority in the first instance to check for any local variations.

House Extensions

Planning permission is not needed for an extension or conservatory as long as it meets the following conditions:

  • no more than half the area of land around the “original house”1 would be covered by additions or other buildings
  • no extension forward of the principal elevation or side elevation fronting a highway
  • no extension to be higher than the highest part of the roof
  • maximum depth of a singlestorey rear extension of three metres for an attached house and four metres for a detached house
  • maximum height of a singlestorey rear extension of four metres
  • maximum depth of a rear extension of more than one storey of three metres including ground floor
  • maximum eaves height of an extension within two metres of the boundary of three metres
  • maximum eaves and ridge height of extension no higher than existing house
  • side extensions to be single storey with maximum height of four metres and width no more than half that of the original house
  • two-storey extensions no closer than seven metres to rear boundary
  • roof pitch of extensions higher than one storey to match existing house
  • materials to be similar in appearance to the existing house.
  • no verandas, balconies or raised platforms
  • upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor
  • on designated land2 no permitted development for rear extensions of more than one storey
  • on designated land no cladding of the exterior
  • on designated land no side extensions.
  1. The term “original house” means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date).
  2. Designated land includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites.

Loft Conversions

Planning permission is not normally required, except where the roof space is extended or altered exceeding specified limits and conditions:

  • a volume allowance of 40 cubic metres for terraced houses
  • a volume allowance of 50 cubic metres for detached and semi-detached houses
  • no extension beyond the plane of the existing roof slope of the principal elevation that fronts the highway
  • no extension to be higher than the highest part of the roof
  • materials to be similar in appearance to the existing house
  • no verandas, balconies or raised platforms
  • side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor
  • roof extensions not to be permitted development on designated land2
  • roof extensions, apart from hip to gable ones, to be set back, as far as practicable, at least 20cm from the eaves.

Garage conversions

Planning permission is not usually required, providing the work is internal and does not involve enlarging the building. Some properties may have had permitted development rights removed with regard to garage conversions and therefore local planning authority enquiries should be made before proceeding, particularly for new housing developments or conservation areas. Listed building consent may be required.

Other typical building projects

Roofs

No planning permission is needed to re-roof a house or to insert roof lights or skylights subject to the following limits and conditions:

  • any alteration to project no more than 150 millimetres from the existing roof plane
  • no alteration to be higher than the highest part of the roof.

Fences, gates and garden walls

No need for planning permission unless they would be:

  • over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere;
  • or the right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition of the local authority; or
  • the house is a listed building or in the curtilage of a listed building
  • the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage
  • alterations or improvements to an existing fence, wall or gate (no matter how high) if there is a resulting increase its height. In a conservation area, however, consent may be needed to take down a fence, wall or gate.

Outbuildings

Rules governing outbuildings apply to sheds, greenhouses and garages and such other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts). Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

  • no outbuilding on land forward of a wall forming the principal elevation
  • outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof
  • maximum height 2.5 metres within two metres of a boundary
  • no verandas, balconies or raised platforms
  • no more than half the area of land around the “original house”1 would be covered by additions or other buildings
  • National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites will have special rules.

Porches

Planning permission would only be needed when:

  • the ground floor area (measured externally) would exceed three square metres
  • any part would be more than three metres above ground level (height needs to be measured in the same way as for a house extension)
  • any part of the porch would be within two metres of any boundary of the house and the highway.

Chimneys, Soil & Vent Pipes

Fitting, altering or replacing an external flue, chimney, or soil and vent pipe will only require planning consent, if it is more than one metre above the highest part of the roof.

Ground Source Heat Pumps & Solar Panels

Installing a ground source or water source heat pump system or Solar Panels does not usually need planning permission.

  • Air source heat pumps will become permitted development as soon as standards and safeguards have been established to deal with noise
  • Solar Panels should not be installed above the ridgeline and should project no more than 200mm from the roof or wall surface.

Paving Front Gardens

Planning permission is not needed if a new driveway uses permeable (or porous) surfacing which allows water to drain through, suchas gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally. If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable driveways that do not control rainwater running off onto roads.

Where planning permission is still required:

  • adding or extending a flat or maisonette, including those converted from houses
  • dividing off part of a house for use as a separate home (for example, a self-contained flat or bed-sit)
  • using a building or caravan in a garden as a separate residence for someone else
  • building a separate house in a garden
  • dividing off part of a house for business or commercial use (for example, a workshop) orbuilding a parking place for a commercial vehicle
  • building something which goes against the terms of the original planning permission (for example, a planning condition may have been imposed to stop the erection of a fence in the front garden because the house is on an ‘’open plan’’ estate)
  • work that might obstruct the view of road users
  • work would involve a new or wider access to a trunk or classified road.

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