Changes to Permitted Development Rights from 30/5/2013 to 30/5/2016

New changes to the permitted development rights have come into force on 30/05/2013. These include simpler procedure for change of use. For householders, these allow for larger rear extensions (8m for detached properties, 6m otherwise). However, the procedure is not as simple as previous lawful development applications.

In order to benefit from the new permitted development rights, the developers (or their agents) must notify the council of their intentions and the council needs to consult the neighbours. If any of the neighbours object, the council shall carry out an impact assessment, and the application can get refused. On the other hand, similar to standard permitted development applications, the size limits are simply set out within the regulation. The changes do not apply to properties within conservation areas, listed buildings, properties within the green belt, etc.

The full legislation is available at: http://www.legislation.gov.uk/uksi/2013/1101/made/data.pdf.

Update: Our first prior approval application was rejected. Unless the proposed extension is set well away from the neighbouring properties, it would appear that it will be very easy for the councils to state that they have carried out an impact assessment and refuse an application.

The sections relevant for householders are reproduced below:

Amendments in relation to home extensions
4.-
(1) In Part 1 of Schedule 2 (development within the curtilage of a dwellinghouse), Class A
is amended as follows
(2) In paragraph A.1(e) at the beginning insert “subject to paragraph (ea),”.

(3) After paragraph A.1(e) insert:

“(ea) until 30th May 2016, for a dwellinghouse not on article 1(5) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and –

(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;”
(4) After paragraph A.3 insert—
“A.4.—(1) The following conditions apply to development permitted by Class A which
exceeds the limits in paragraph A.1(e) but is allowed by paragraph A.1(ea).
(2) Before beginning the development the developer shall provide the following
information to the local planning authority—
(a) a written description of the proposed development including—
(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall
of the original dwellinghouse;
(ii) the maximum height of the enlarged part of the dwellinghouse; and
(iii) the height of the eaves of the enlarged part of the dwellinghouse;
(b) a plan indicating the site and showing the proposed development;
(c) the addresses of any adjoining premises;
(d) the developer’s contact address; and
(e) the developer’s email address if the developer is content to receive
communications electronically.
(3) The local planning authority shall notify owners or occupiers of any adjoining
premises about the proposed development by serving on them a notice which—
(a)describes the proposed development, including—
(i)how far the enlarged part of the dwellinghouse extends beyond the rear wall
of the original dwellinghouse;
(ii)the maximum height of the enlarged part of the dwellinghouse; and
(iii)the height of the eaves of the enlarged part of the dwellinghouse;
(b)provides the address of the proposed development;
(c)specifies the date when the information referred to in paragraph (2) was received
by the local planning authority and the date when the period referred to in
paragraph (8)(c) would expire; and
(d)specifies the date (being not less than 21 days from the date of the notice) by
which representations are to be received by the local planning authority.
(4) The local planning authority must send a copy of the notice referred to in
paragraph (3) to the developer.
(5) Where any owner or occupier of any adjoining premises objects to the proposed
development, the prior approval of the local planning authority is required as to the impact
of the proposed development on the amenity of any adjoining premises.
(6) The local planning authority may require the developer to submit such further
information regarding the proposed development as the local planning authority may
reasonably require in order to consider the impact of the proposed development on the
amenity of any adjoining premises.
(7) The local planning authority shall, when considering the impact referred to in
paragraphs (5) and (6)—
(a) take into account any representations made as a result of the notice given under
paragraph (3); and
(b) consider the amenity of all adjoining premises, not just adjoining premises which
are the subject of representations.
(8) The development shall not be begun before the occurrence of one of the following—
(a) the receipt by the developer from the local planning authority of a written notice
that their prior approval is not required;
(b) the receipt by the developer from the local planning authority of a written notice
giving their prior approval; or
(c) the expiry of 42 days following the date on which the information referred to
in paragraph (2) was received by the local planning authority without the local
planning authority notifying the developer as to whether prior approval is given
or refused.
(9) The development shall be carried out—
(a) where prior approval is required, in accordance with the details approved by the
local planning authority;
(b) where prior approval is not required, or where paragraph (8)(c) applies, in
accordance with the information provided under paragraph (2),
unless the local planning authority and the developer agree otherwise in writing.
(10) The development shall be completed on or before 30th May 2016.
(11) The developer shall notify the local planning authority of the completion of the
development as soon as reasonably practicable after completion.
(12) The notification referred to in paragraph (11) shall be in writing and shall include—
(a) the name of the developer;
(b) the address or location of the development, and
(c) the date of completion.”