TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (AMENDMENT) ORDER 2013

New Major Changes to built developments under the provision of householders ‘Permitted Development Rights’ are coming in to force from 30^th May 2013 for a three year period until 30^th May 2016.

The new rules do not apply within Conservation Areas, Outstanding Areas of Natural Beauty (AONB) or Sites of Special Scientific Interest (SSI), where the existing restrictions on length of rear extensions of 3 and 4 metres continue to operate.

“Permitted Development” provisions which involve a neighbour consultation process……

Larger single storey rear extensions under “Permitted Development” will be subject to a new consultation process. The size limits will double from 4 metres to 8 metres for detached houses and from 3 metres to 6 metres for all other houses.  These new larger extensions (i.e. if they extend between 4 and 8 metres, or between 3 and 6 metres) must go through the following process:-

1. Notifying Your Local Authority

A homeowner wishing to build a larger single storey rear extension must notify the Local Planning Authority (LPA) and provide:-

•  a written description of the proposal which includes the length that the extension extends beyond the rear wall of the original house, the height at the eaves and the height at the highest point of the extension;
• a plan of the site, showing the proposed development;
•  the addresses of any adjoining properties, including at the rear;
• A contact address for the developer and an email address if the developer is happy to receive correspondence by email (There is no fee in connection with this process)

2. The Local Authority May Ask for Further Information

This may be if the LPA need to make a decision about the impact of the development on the amenity of adjoining properties.

3. The Local Authority Will Serve A Notice On Adjoining Owners or Occupiers

Those who share a boundary, including to the rear.  This will give the address of the proposed development and describe it, including the information in number 1 above.  It will also set out:-

•  when the application was received and when the 42 day determination period ends;
•  how long neighbours have to make objections (which must be a minimum of 21days) and the date by which these must be received.

(A copy of this notice must also be sent to the developer)

4. Neighbour Objections

If any adjoining neighbour raises an objection within the 21 day period, the LPA will take this into account and make a decision about whether the impact on the amenity of all adjoining properties is acceptable.  No other issues will be considered.

5. The Development Can Go Ahead If the Local Authority Notifies the Developer in Writing Either:-

•  that there has been no objections received from adjoining neighbours and it has not been necessary to consider the impact on amenity.

or

•  That following consideration, it has decided that the effect on the amenity of adjoining properties is acceptable.

6. Local Authority Decision Date

If the LPA does not notify the developer of its decision within the 42 day determination period, the development may go ahead.

7. How About If It Gets Refused?

If approval is refused, the developer may appeal.

8. The Extension Must Be Built In Accordance With The Details Approved By the Local Planning Authority 

If no objections were raised or the LPA has not notified the developer of its decision, the details submitted, unless the LPA agrees any changes in writing.

9. Compliance still to comply with current ‘Permitted Development Regulations’

The development must accord with all other relevant limitations and conditions which currently apply to other rear extensions allowed under “Permitted Development” rules:-

•  No more than 50% of the curtilage of the property may be built on (the calculation excludes the area occupied by the original dwelling).
•  Maximum height must not exceed 4 metres.
•  Maximum height of eaves where development is within 2 metres of a boundary must not exceed 3 metres.
• Materials used must be similar in appearance to the existing dwelling unless the extension is a conservatory.

 

To benefit from these ‘Permitted Development Rights’, the extension must be completed on or before 30 May 2016.  The developer must notify the local authority in writing of the date of completion.

 

This post was written on behalf of Buckley Loft Conversions by Rachael Davies, the Loft Conversion specialists in the West Midlands, Birmingham,  for more information on ‘Permitted Development Rights’ Visit our Design and Planning Page or the Planning Portal.