1.   The deadline for completing construction of your “larger” single storey rear extensions (i.e. between 4m and 8m long) has been extended by another three years to May 2019. Before you all rush out and start building there are, of course, hurdles to jump through first.

2. Of perhaps more interest is that they’ve finally closed the loophole for front extensions under Permitted Development Rights.

The out-going legislation refused extensions as unlawful if they came forward of the principal elevation AND fronted a highway. Obviously, those with houses that didn’t face the highway had very little to stop them doubling / tripling the size of their home by coming forwards without the need to involve the pesky planning authority….

That is now all changing as the April 2015 legislation (or Statutory Instrument SI 2015 No. 596 to give it its proper title) changes Article 3 Schedule 2 Part 1 clause A.1(e) to read “(i) forms the principal elevation of the original dwellinghouse; or (ii) fronts a highway and forms a side elevation of the original dwellinghouse….”.

It may seem like a small change but the impact will be to simply close the loophole for front extensions entirely, regardless of their orientation to the nearest highway.

If you really want to read the whole SI, you can find it here:

2015 No. 596 TOWN AND COUNTRY PLANNING, ENGLAND The Town and Country Planning (General Permitted Development) (England) Order 2015

The Government have announced that as of May 30th 2013 for a period of 3 years that single storey rear extensions may be doubled in size. To take advantage of this a neighbour consultation period has been included for the ‘larger’ rear extensions and the local planning authority will take a view on whether the larger extensions are acceptable or not.

The deadline for completion of any larger extensions is 30th May 2016 – note, this is not a deadline to apply for one but for the completion of the work.

Read the Government’s draft guidance here: http://bit.ly/15vsvuT

The Government have announced an amendment to the proposed increase in Permitted Development Rights for single storey rear extensions.

Under current consideration is a proposal to double the depth of single storey rear extensions from 3m and 4m for semi/ terrace and detached houses. This temporary change (for three years) will not apply to areas currently protected under PDR, eg Conservation Areas, AONB etc.

The latest change is to propose that should you wish to exercise the larger option then a consultation with your neighbours will be carried out by the local planning authority (you now have to formally inform them before carrying out the work)  and your neighbours will have 21 days to object. On receipt of an objection then the LPA will consider the impact of the proposals and if they agree with your neighbour then the proposal will be refused. You will be allowed to appeal this, submit a smaller proposal or submit a planning application instead.

Anyone wanting detailed advices on Permitted Development Rights should contact our nearest office.

Read more at the Planning Portal website:

http://www.planningportal.gov.uk/general/news/stories/2013/apr13/250413/25042013_1

http://www.permitteddevelopment.org/Appeal-Decisions.php

READ IT HERE

As we predicted – there are NO planned changes to the current Permitted Development Rights in Conservation Areas, Areas of Outstanding Natural Beauty or National Parks. In addition, there are no planned changes to the current Permitted Development Rights for Listed Buildings.

The safeguards that are inherent within the existing PDR remain in force for these Article 1(5) areas. The principal changes that will be of interest to the majority of our clients relate simply to single storey rear extensions but, as noted above, this does not apply in every instance.

The Consultation document suggests, somewhat misleadingly in our opinion, that this will save householders time and money. We would always advocate obtaining a Lawful Development Certificate for any work you intend to do under what you beleive are Permitted Development Rights – there may be other, more hidden, legislation such as detailed Article 4 Directives, that have reduced the scope of PDR for your property.

Always remember as well that planning permission and / or Permitted Development Rights do not auomatically confer a “right to build”. There is a wealth of other legislation that needs to be navigated including Building Regulations, Party Wall etc Act, Rights of Light, Restrictive Covenants, proximity to shared drains / public sewers or other services etc etc.

Obtaining clear professional advice from the outset is the best way of avoiding a potentially very costly mistake!

Earlier this year Waverley Borough Council refused planning permission for  the contemporary remodelling of a house in Greenbelt outside Farnham, Surrey because of the 24sqm extension on the rear of the existing 516sqm house was “too large”.

However, this week planning permission was approved for our revised scheme which not only included all of the remodelling works under the original application but also included a rear extension of over 100sqm, some four times larger than that originally refused…

The difference? The additional 102sqm was secured using Permitted Development Rights making the planning application simpler and just about the change from a 1960’s stone clad sprawling bungalow created over 40 years of ad hoc extensions in to a single unified architectural composition

We have been more than a little amazed at the outcry from many people about the proposed changes to Permitted Development Rights (PDR) for private households announced by the Government earlier this month. Certain interested parties are suggesting that the proposals will “harm the character of an area”. In addition, a YouGov Poll has been published which shows 54% of people questioned felt that the proposed changes would mean the quality of the design of their neighbourhood would get worse. It seems to us that this comes from a misunderstanding of what Permitted Development Rights actually are and what checks and balances already existing to ensure that this doesn’t happen regardless of the proposed changes.

There is very little substantive fact on what the proposed changes to PDR will be so it is curious how people have formed this view. Communities Secretary Eric Pickles’ Statement on 1^st September gave no details and merely said “We will consult shortly on changes to increase existing permitted development rights for extensions to homes.” On 6^th September Nick Clegg was interviewed on the BBC and stated that they would “consult on the details” and that it might be good if people could extend “more than 3 metres.”  The rest appears to have been guesswork.

The idea that the £89.5 billion construction industry will be kick-started by allowing someone to build their rear extension one or two metres longer is a little optimistic. It is such a tiny percentage of the overall figure as to be irrelevant.

Equally perplexing is the idea that the proposed changes will cause irrevocable damage to the character of an area. Many properties we see inWaverley,East Hantsand Hart already suffer from ill-conceived ad-hoc extensions “designed” by unqualified people which do more harm than good. A lot of these are extensions which have been granted full planning permission!

Permitted Development Rights are the general term for rights that an individual has to extend or remodel their home without the need to apply for planning permission. These are covered in detail under the legislation known as The Town and Country Planning (General Permitted Development) Order 1995, last amended in (Amendment) (No. 2) (England) Order 2008. In addition, they cover a number of other areas such as change of use of business premises etc.

As an overview, the existing Permitted Development Rights legislation which has been in place since 2008 gives people a number of options to extend beyond their original house including two storey rear extensions up to 3 metres deep, single storey rear extensions 4 metres deep, single storey side extensions up to half the width of the original house and roof extensions up to 50m³ to name but a few.

However, built within the current legislation are a number of safeguards to ensure that where the existing character of an area is of local importance then the full potential of PDR is limited. Proximity to boundaries, extension heights, principal elevations, roof pitches and materials are already controlled within the existing legislation. In Conservation Areas or Areas of Outstanding Natural Beauty (such as Surrey Hills) then the option of any form of roof alteration is not available neither is the option of a side extension or a two storey rear extension.  In addition, the planning authority has within its remit the power to issue new Article 4 Directives to further reduce the scope of Permitted Development Rights. Many new houses already have limitations when planning permission is passed, often removing any possibility for further extension – this is an excellent and welcome example of how Localism can work positively.

There has been nothing within any of the Government’s statements or comments to suggest that there will be any withdrawal of these safeguards or checks.

But there is even more. Just because you might not need planning permission for something doesn’t actually mean you can build it! There is a plethora of other legislation that has to be considered before you can decide if an extension can actually be built. For example, in October 2011 there were wholesale changes to the Adopted Sewers legislation that may prevent building within 3 metres of shared drains; there could be Restricted Covenants on properties limiting what can be built; Listed Building Act legislation, Building Regulations, Rights of Lights, Tree Protection matters and even falling foul of the all encompassing Human Rights Act (such as the interference with the right to respect for private or family life)!

All these things, and more, need to be considered and dealt with before one even looks at the quality of the design itself and the impact on the character of the area.

In response to the speculation on the proposed changes The Royal Institute of British Architects have called on the Government to “ensure adequate safeguards are in place to prevent poorly-designed new extensions as part of its consultation on this proposal.” The quality of a design relates to both the both interior and exterior, after-all who wants an 8 metre deep extension if it means that the middle of your house is completely dark. If you want to ensure a high quality design then you need to engage a professional properly qualified local Architect who can guide you through the maze of legislation and provide the right solution for you, your property and the area you live in.

In summary, a minor relaxation of limited sections of the Permitted Development Rights legislation does not automatically mean everyone can suddenly extend their homes by 8m, does not automatically mean that the character of an area will be adversely affected and will not suddenly kick-start the ailing economy.

Only once the actual details of what is proposed are known will any meaningful discussion be possible on what impact the changes may or may not have on the built environment.

The client, disheartened by the outright refusal of the earlier scheme, had decided to drop their ideas for a two storey rear extension to give them a larger ground floor plan but alos a much needed additional bedroom, larger family bathroom and first floor study. Instead they simply wanted us to look at a design for a single storey rear extension.

However, using our detailed knowledge of the Technical Guidance on Permitted Development Rights, we have now completed the designs for a two storey rear extension that answers everything that the client wished for in their initial briefing – the extra bedroom, larger family bathroom and first floor study as well as a ground floor music room, new large kitchen / family room and separate utility room.

All of this has been created using their existing Permitted Development Rights thereby circumventing the need for a full planning permission application and avoiding the possibility of a refusal or objection from the planners.

It always pays to take proper advice from suitably qualified Architects who know the planning system properly – you never know what you can acheive unless you ask!

Permitted Development Rights are works you can carry out on your home without the need for Full Planning Permission. The Government’s Planning Portal have just launched a handy set of visual guides for Extensions, Loft Conversions and Front Porches showing what can and cannot be done under Permitted Development Rights.

Click here for Extensions

Click here for Loft Conversions

Click here for Porches

In all cases, it is worth getting proper professional advice and talking to your local planning authority to make sure that what you want to do is properly covered before starting any work. In some cases, Permitted Development Rights may have been withdrawn because of previous planning decisions but the links above will at least give you a good idea of what can be permissible. For more advice on Permitted Development Rights please feel free to contact us for further information.