Do You Need Planning Permission? A Guide to Permitted Development Rights

Making changes to your property can be an exciting prospect - but it is not always clear whether planning permission is needed. In some cases, you can carry out certain types of development without having to submit a formal planning application, thanks to Permitted Development (PD) Rights.

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What Are Permitted Development Rights?

Permitted Development (PD) Rights are a set of rights granted to property owners in England that allow certain types of building work and changes to be carried out without the need to apply for formal planning permission.

These rights are established under the Town and Country Planning (General Permitted Development) (England) Order 2015, a piece of legislation designed to streamline the planning process. The intention behind PD rights is to reduce the burden on Local Planning Authorities (LPAs) by eliminating the need to process planning applications for routine or low-impact developments. This helps free up resources and enables property owners to make straightforward improvements more efficiently.

Examples of some works that may fall under Permitted Development include:

• Small rear or side extensions,

• Loft conversions,

• Certain types of garages or outbuilding construction,

• Solar panel installation, and

• Some changes of use (e.g. from office to residential).

If you are unsure whether your project qualifies, consider applying for a Lawful Development Certificate (LDC). While not mandatory, it provides official confirmation that your proposed work is lawful and covered under PD rights - potentially protecting you from enforcement issues later on.

Key Restrictions on Permitted Development

While PD rights can be a helpful route to carry out certain types of work without needing full planning permission, they come with important limitations. Relying solely on PD rights without considering their limitations can lead to unexpected issues or even enforcement action. 

1. Article 4 Directions

Essentially, an Article 4 Direction is a tool used by LPAs to remove certain PD rights in a specific area, location or even for individual properties. This means that work which would normally not require planning permission may, under an Article 4 Direction, need to apply for it.

These directions are typically introduced to preserve the character or significance of an area, for example, in conservation areas or places of great historical value.

To find out whether your property is affected by an Article 4 Direction, visit your LPAs website. Most councils publish maps or lists indicating where Article 4 directions are currently in effect.

In addition, it is worth reading our previous blog, ‘Can You Build In Your Garden? A Guide to Article 4 Directions’ as it goes into more detail and provides further guidance in regard to Article 4 Directions.

2. Designated Areas

If you are situated in a designated area, these areas are also often referred to as Article 2(3) land, your PD rights may be limited. In many cases, you will need to apply for planning permission for works that would otherwise be allowed in non-designated areas. This means that certain projects eligible for PD rights elsewhere may not be permitted in these more sensitive locations.

You may be affected by these restrictions if you live in:

• A Conservation Area,

• A National Park,

• A National Landscape Area (formerly known as an Area of Outstanding Natural Beauty), and

• The Norfolk or Suffolk Broads.

It is advisable to check with your LPA before starting any work to ensure you are fully compliant with the regulations that apply to your area.

3. Prior Approval 

   
   

Certain types of development under PD rights still require prior approval from the LPA. This is a more stripped back process than full planning consent, however, it still involves you having to submit information to the LPA for review.

4.        Size and Scale Limits

PD rights set out strict size, height and location limits for extensions and other alterations. If your plans exceed these limits you will need to apply for full planning permission or change your plans to be consistent with specified PD requirements. 

5.        Change of Use Restrictions

Not all changes of use are permitted under PD rights. Some uses require prior approval or full planning consent, especially if they could significantly affect traffic, noise or local services.

6.        Listed Buildings

PD rights also differ greatly if your plans involve listed buildings; They are significantly curtailed and in most cases you will need to apply for listed building consent in addition to or instead of relying solely on PD rights.

Pros and Cons of Permitted Development

Advantages

• Saves Time and Effort: One of the biggest advantages of PD rights is that they allow you to bypass the often lengthy and complex process of applying for planning permission. This can significantly reduce the amount of time, paperwork and administrative effort involved.

• Cost Savings: By avoiding planning application fees and potentially costly delays, PD rights can lead to substantial financial savings for property owners and developers.

• Wide Range of Works Covered: A variety of development types can fall under PD rights, including home extensions, loft conversions, changes of use and even some commercial-to-residential conversions. This makes it a versatile option for many kinds of projects.

Disadvantages

• Strict and Inflexible Criteria: PD rights operate on a “black and white” basis. If your proposal doesn’t meet the exact conditions and limitations set out in the legislation, it will not qualify - regardless of how minor the deviation might be. Unlike a standard planning application, there is little to no room for negotiation or interpretation.

• Complex Legislation: The rules governing PD rights are laid out in the Town and Country Planning (General Permitted Development) (England) Order 2015. Unfortunately, this document is lengthy, highly technical and not written with the average homeowner in mind. As a result, understanding what is and is not allowed can be confusing without professional advice.

• Not Universally Applicable: As mentioned earlier, PD rights are not available in all locations or for all properties. For example, homes located in conservation areas, national parks, national landscapes and the Norfolk or Suffolk Broads often face additional restrictions. Similarly, listed buildings are subject to separate rules and usually require listed building consent.

• Prior Approval Still Needed in Some Cases: Some types of development under PD still require you to submit a prior approval application to the LPA. While this process is less rigorous than a full planning application, it still involves time, paperwork and the risk of refusal.

In Summary

Permitted Development Rights offer a faster, more efficient route to making property improvements - but only if used correctly. They are governed by detailed rules with limited flexibility and their availability depends on your location and the type of property.

To avoid costly mistakes:

• Check the relevant legislation or guidance,

• Speak to your Local Planning Authority,

• Consider applying for a Lawful Development Certificate, and

• Seek professional advice if in doubt.

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At Bluestone Planning, we are committed to supporting you throughout every stage of the planning application process, ensuring a seamless and efficient experience. Our expertise allows us to help you navigate complex planning policies and material considerations with confidence, providing tailored advice to suit your specific needs.

For more information on how we can assist you with planning permissions, contact us at Bluestone Planning by calling +44 1235 766825 or emailing admin@bluestoneplanning.co.uk.