Permitted Development articles – page 6

279 articles
Permitted Development7 min read

Temporary buildings and plant during construction

Site cabins, cranes, hoardings and compounds are permitted development under Class A of Part 4, but only where the underlying operations are lawful and everything comes off at the end.

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Permitted Development8 min read

Solar panels on a house under Part 14 Class A

Roof solar is permitted development within three limits and subject to two conditions, one of which requires the panels to come down when they stop generating.

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Permitted Development8 min read

Agricultural building prior notification under Part 6

Part 6 lets a farmer erect a working building without a full application, but only on a unit of five hectares or more and within tight ground area, height and distance limits.

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Permitted Development8 min read

Class Q barn conversions: qualifying date and limits

Class Q starts with a date. If the building was not in agricultural use on the qualifying date, nothing you do to it afterwards brings it within the class.

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Permitted Development7 min read

Dropped kerbs and access under Part 2 Class B

A dropped kerb needs two things checked: whether Class B of Part 2 covers it, and whether the highway authority will consent to the crossing at all.

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Permitted Development7 min read

Hard surfaces under Class F and the drainage condition

Paving a front garden is permitted development under Class F, but only if the surface is porous or run-off goes to a permeable area inside your boundary.

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Permitted Development7 min read

What incidental to the enjoyment of a dwellinghouse means

Incidental is the word that decides whether a garden building is permitted development. It is an objective test, and it excludes primary living accommodation however the owner describes it.

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Permitted Development8 min read

Outbuildings under Class E and the fifty per cent test

A garden room under Class E fails on one of two things: the half-curtilage calculation, or the 2.5 metre height limit that applies within two metres of a boundary.

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Permitted Development7 min read

Class B roof extensions and the cubic content allowance

A dormer under Class B lives or dies on the cubic content sum and the set back from the original eaves. Both are measured against the roof as originally built, not as you found it.

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Permitted Development7 min read

Side extensions under Class A in a conservation area

In a conservation area, Class A of Part 1 stops at the side elevation. A side extension needs planning permission, and the design case has to be made properly rather than assumed.

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Permitted Development6 min read

Permitted development rights on a converted dwelling

Part 1 of the GPDO does not apply to flats or to buildings containing them. That single definition decides most of what a prior approval conversion can do next.

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Permitted Development7 min read

Permitted development and building regulations compared

An extension can be permitted development and still unlawful for want of building control. What each regime tests, which Approved Documents bite, and the order to do things in.

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Permitted Development7 min read

Article 3(5), limitations and conditions in the GPDO

Breaching a condition of a permitted development class does not leave you with a condition breach. It leaves you with unauthorised development. Here is why, and what article 3(5) adds.

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Permitted Development7 min read

Prior approval fees and what they buy

A prior approval fee buys a determination of prescribed matters, not a planning permission. Here is what it covers, where refunds and deemed consent apply, and how to budget a multi-stage route.

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Permitted Development7 min read

Disputed boundaries and permitted development measurements

Several permitted development limits turn on being more than 2 metres from a boundary, but a registered title plan shows a general boundary only. Here is how to establish the line before you build.

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Permitted Development6 min read

Home working, home businesses and the planning unit

Working from home rarely needs permission. Running a business from home sometimes does, and the line turns on whether the character of the use has changed.

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Permitted Development6 min read

Permitted development in a National Park: what still applies

National Parks are article 2(3) land, which removes several householder rights outright and tightens others. A class by class look at what is left.

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Permitted Development6 min read

Permitted development alongside a live planning permission

A live permission does not switch off permitted development, and using permitted development does not invalidate the permission. The limits are conditions and physical impossibility.

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Permitted Development6 min read

Agricultural occupancy conditions and development rights

The occupancy condition and the permitted development question are separate. Here is what the tie actually controls, what article 2(3) land changes, and the evidence needed to remove it.

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Permitted Development7 min read

Enforcement and works claimed as permitted development

The council does not have to prove your extension was unlawful. You have to show it met every limit of the class you relied on, on the balance of probabilities.

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Permitted Development8 min read

Permitted development rights on a flat over a shop

Schedule 2 Part 1 of the GPDO applies only to dwellinghouses, and the Order's definition excludes flats. Here is what survives for a flat above a shop.

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Permitted Development7 min read

Reading the GPDO without getting lost

Find the class, check whether a limitation kills the right, then read the conditions. A practical method for using the 2015 permitted development order.

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Permitted Development7 min read

Permitted development on a site in Flood Zone 3

Permitted development rights survive in Flood Zone 3, but flooding is a prior approval matter for most change of use classes. Here is what councils actually test.

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Permitted Development8 min read

Permitted development and Community Infrastructure Levy

There is no planning permission for the council to attach a liability notice to, so the duty to notify falls on you. The in-use building test decides whether a conversion is chargeable at all.

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