Permitted development refers to a set of rules that allow certain types of construction or development to take place without the need to seek planning permission from the Local Planning Authority. These rules are established by national government and will vary depending on the location and type of development in question. One of the main benefits of permitted development for property developers and homeowners is that it can streamline the planning process, making it easier and faster for individuals and organizations to build or make changes to their property. This can be especially useful for small-scale projects that do not require significant changes to the surrounding area, such as the addition of a porch or the construction of an outbuilding so that you do not need to apply for planning permission for a garden office.
The alterations to dwelling houses provisions in the General Permitted Development Order (GPDO) 2015 outline the specific types of changes that can be made to residential properties without the need for planning application. This is one of the main benefits of modest additions to existing buildings, such as the construction of a single-story rear extension or the conversion of an attic into a living space. However, there are also limitations to permitted development, as it only applies to certain types of construction and development. Also, as the criteria for what is permitted development is set by central government local interpretations may vary when new rules are introduced which will require case law precedents being set before interpretations are brought into relative alignment. Larger or more complex projects tend to still require a full planning application. Additionally, permitted development may not always align with local planning policies or the needs and preferences of the community, which can lead to conflicts or disputes. Also if you are a homeowner it is not uncommon to have your permitted development rights removed as a condition attached to the original consent. What size extension can you build under permitted development?
A well established permitted development right is the ability for homeowners to extend beyond the rear building line of their properties by 3m. Additional rules have been introduced that allow deeper extensions of up to 6m however property owners must notify the Council of their intention to exercise this right, which is called prior approval. One of the main benefits of prior approval extensions is that they can allow individuals and organizations to make small changes to their property without going through the full planning process, which can be time-consuming and costly. This can be especially useful for simple projects that do not require significant changes to the surrounding area or have minimal impact on neighbors. However, it is important to note that permitted development rights including the prior notification procedures and permitted development extensions are sometimes brought under control. This is by way of an article 4 direction which restricts specified permitted
development rights. Overall, prior approval extensions can be a useful tool for making small changes to a property without going through the full planning process, but it is important to understand the limitations and requirements of this approach.
Do you need planning permission for change of use?
In respect to change of use permitted development the General Permitted Development Order contains prescriptive criteria. These criteria set out when and which types of material change of use permitted development rights can be exercised without planning permission. This includes criteria for the permitted change between commercial use classes and prior approval change of use between commercial and residential use. Article 4 directions can also restrict permitted change of use such as the permitted conversion of dwellings to HMOs and commercial to residential conversions. It is also worth noting that the intensive use of a dwelling as a short term holiday let through platforms such as airbnb will typically require planning permission in London when when used in this way over an extended period of time.
What is a lawful development certificate?
A lawful development certificate is a document issued by a local planning authority in the United Kingdom that confirms that a proposed development or use of land is lawful. These certificates can be useful in a variety of situations, such as when an individual or organization wants to confirm that a proposed development or use of land is allowed under the rules of permitted development or when there is uncertainty about the legal status of a property or development. A certificate of lawful development can also be used retrospectively in order to obtain confirmation that a use or development has occurred lawfully, these are called certificates of lawfulness of existing use or development (CLEUD).
Obtaining a lawful development certificate involves submitting an application to the local planning authority, along with any relevant supporting documentation. The authority will then review the application and determine whether the proposed development or use of land is lawful. If the proposed development is found to be lawful, the authority will issue a certificate. If the proposed development is not lawful, the authority may refuse the application or request additional information or changes to the proposal.
Lawful development certificates can provide valuable assurance and peace of mind to property owners, landlords and property developers, as they confirm that a proposed development or use of land is in compliance with planning laws and regulations. However, it is important to note that these certificates do not guarantee approval for a development or use of land, and they do not override any other legal requirements or restrictions that may apply.
Whilst the vast majority of permitted development applications are straightforward because the rules that dictate how they should be exercised are set in law there are instances where they can become quite complex. Handling such a situation can become a stressful and time-consuming process, especially if you're not familiar with the planning system. In these cases, it can be helpful to work with a planning consultant to navigate the process help you exercise your permitted development rights.
A planning consultant is a professional with expertise in town planning and development regulations. They can help you understand the local council's planning policies and advise you on the best way to proceed with your development project. They can also help you prepare and submit the necessary planning application, including preparing plans and documents, negotiating with the council, and representing you at an appeal.
Working with a planning consultant can save you time and stress, as they can handle the administrative and legal aspects of the process on your behalf. They can also provide valuable insight and advice on the likelihood of permission being granted, based on knowledge of the council's interpretation of regulations and preferences.
If you're planning an extension to your house or other development project consider hiring FJ Urban Planning as your planning consultant to help you navigate the planning process. This can save you time and stress, and increase the chances of your development being approved. Overall, permitted development can be a useful tool for streamlining the development process and facilitating small-scale construction and development projects, but it is important to understand the limitations and potential drawback of relying on permitted development rights. Using a planning advisor in London can be a valuable resource for homeowners, property developers and landlords involved in the planning process. Whether you are a property developer, a homeowner, a portfolio landlord or a business owner, FJ Urban Planning can help you to navigate the complex and often challenging process of getting your development approved.
Planning advice in London will vary from borough to borough and on a site by site basis for planning advice in London specific to your property development project or if you require planning permission help in general I encourage you to get in contact in order for us to help you overcome these challenges and increase your chances of success.
Fidel Miller MRTPI
London planning consultant
Planning consultant near me
Article 4 HMO
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