Permitted Development vs Planning Permission
- Permitted Development & Planning Permission Needs.
- Planning Applications are necessary for property development according to council specifications & requirements
- Want to know how we can help you?
You’ve got your blueprints in place and are ready to pick up the building supplies and tools to dig in and get the job started. But, wait! When you are ready to start that home improvement or other building project, it’s very important that you first take some time to make sure it’s allowed and legal to begin. Some buildings require that planning permission is granted while others fall under permitted development granted by Parliament.
First, understand the difference between permitted development versus planning permission and then know how to make sure you have all of the building permissions necessary, what happens if permitted development rights are taken away, how long it will take to know, and how to appeal a decision.
Permitted development
Some types of building projects fall under the category of permitted development rights. This means they don’t require special planning permission by planning applications. Though, it’s a good idea to check with your local authorities regardless just to be sure you fall within the permitted development rights.
The basic idea of permitted development is to allow those who own a home to conduct home improvements and renovations in a fairly speedy manner since the process of having to gain permission is streamlined so long as the homeowner is within some specific guidelines.
Generally speaking, converting a loft into living space, inside remodelling, installing solar panels and some extensions are allowed under permitted development.
However, these rights may not apply to properties that are within designated areas, like a conservation area, natural parks or an area of natural beauty, the Norfolk or Suffolk Broads, a World Heritage Site, flats, or maisonettes.
Planning permission
Basically planning permission is simply asking if you can legally build what you want to build and in the space you want to build it.
The first step, before any work may begin, is to gain planning permission.
Contact your local building planning authorities, planning department or local council. You may do this either by post or through an online planner.
To be safe, figure that if you are changing the way a building looks from the outside, you will need to seek permission before going forward with your construction and home design plans.
Probably the fastest, most efficient way to go about this is through the online planner.
You will need to gain permission when you want to build new, add on an extension to an existing structure, or to change the purpose of the building’s use.
When permitted development rights are taken away
If you live in a house that allows you permitted development rights and want to change the use of your house to now be used as a place of business, you may not use these household permitted development rights which assume any upgrades would be done to a residential unit.
That aside, in general, it is possible that the local planning authority could issue an Article 4 direction which might remove some of your rights to permitted development. An Article 4 is commonly used in conservation areas but these directions are also made in areas that have been deemed to be of value or possibly historic importance and need to uphold certain standards. Most likely, if you live in such a spot, you will know if an Article 4 has been issued on your place, but it’s always a good idea to double check just to be certain. While, you would normally be under the Permitted Development Rights, if an Article 4 has been issued, you will need to fill out and submit all of the necessary planning applications before work can begin on your building or property.
Generally speaking, if you are in doubt of whether or not you are permitted to build, it’s a good idea to apply for a Certificate of Lawful Development CLD to be absolutely certain you are within your legal rights before you start work on a project.
If you are working with a knowledgeable contractor on the project, they will work to make sure the necessary paperwork is in place. The basic rule of thumb when it comes to planning a building project is that if you are not absolutely certain you have the rights to proceed with your intended development, check with the local planning authorities first.
Planning applications take time
Be patient, and set aside some planning time. Planning applications take time to fill out, submit, and to get approved. Though, if you go through the proper channels, you have a good chance of receiving the approvals you want when it’s all said and done.
Do not begin any work until you receive a building regulation approval and any potential issues have been resolved.
Once you file for the proper permits to begin your project, your planning application may take several weeks to be approved. Allow up to ten weeks before you have the approval paperwork in hand. Included in this time frame is a two-week period of validation followed by up to 8 weeks of decision making.
While Permitted Development holds no requisite fee, expect to pay a fee to accompany any planning permission request filings or Certificate of Lawful Development CLD.
Planning appeals
If you received an enforcement notice, you must file your appeal within 28 days of the date stamped on the notice.
Otherwise, if you disagree with a planning permit decision, you must submit any planning appeals within six months of the date noted on the planning authority’s decision.
If, however, a decision was not made within eight weeks of your filing for permission, you will be allowed to submit your planning appeals within six months after the initial decision was due.
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