Permitted Development articles – page 7

281 articles
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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Permitted Development7 min read

Amending what a prior approval granted

A prior approval is a determination on prescribed matters, not a permission the council granted, so the usual amendment routes do not reach it. The workable answer is a fresh application, if the revision still fits the class.

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Permitted Development7 min read

What happens when a prior approval lapses

Class MA, Class Q and the Part 20 classes require completion within three years, not a start. What happens when the date passes with the works unfinished.

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Permitted Development7 min read

Permitted development rights in a listed building curtilage

Outbuildings within the curtilage of a listed building are never permitted development, while extensions often still are. The two permissions work differently, and you can need both.

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Permitted Development7 min read

Protected species and permitted development rights

The GPDO grants planning permission and nothing more. Damaging a bat roost during a Class Q conversion is a criminal offence whether or not a council ever looked at the scheme.

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Permitted Development7 min read

Measuring curtilage when a garden has been enlarged

Curtilage for permitted development is a planning concept rather than a title boundary, and for outbuildings the Order fixes it at the date the house was built or 1 July 1948. Added land usually does not count.

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Permitted Development6 min read

Removing a permitted development condition by section 73

Conditions that remove permitted development rights are common on new estates and conversions. Section 73 of the Town and Country Planning Act 1990 lets you ask for the condition alone to be reconsidered.

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Permitted Development6 min read

Using a permitted development fall-back in an application

Comparing your scheme against what could lawfully be built without permission is a strong argument when it is evidenced, and an empty one when it is asserted.

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Permitted Development6 min read

Temporary use of land for 28 days under Class B

Class B of Part 4 allows 28 days of temporary use a year, but only 14 for markets, and none at all within the curtilage of a building. Here is how the count really works.

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Permitted Development7 min read

Electric vehicle charge points under Part 2 of the GPDO

Most charge points are permitted development under Part 2, with no prior approval step. The size and siting limits, the listed building exclusion, and the removal condition.

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Permitted Development7 min read

Class AA upward extension of a house: the real limits

Class AA permits additional storeys on some houses without a full application, subject to a narrow build date window, three height tests and a prior approval the council can refuse.

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Permitted Development7 min read

Community infrastructure levy on prior approval schemes

There is no planning application to attach the levy to, so the developer serves a notice of chargeable development instead. Miss it, start on site, and the exemptions are gone.

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Permitted Development6 min read

Temporary use of buildings and land for film making

Class BA of the GPDO lets a site be used temporarily for film making without a planning application. The limits, the exclusions, the notice to the council and the duty to reinstate.

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Permitted Development6 min read

Development by water and sewerage undertakers

A pumping station can appear with no planning application because Part 13 grants undertakers permission for works connected with their statutory functions. The rights are narrower than they look.

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Permitted Development7 min read

Solar canopies over car parks under Part 14

Part 14 splits solar into separate classes for buildings, ground mounted arrays and car park canopies. Getting the class right decides whether you need prior approval or a full application.

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Permitted Development7 min read

Flood zone restrictions on Class Q and Class MA

Flooding risk is a listed prior approval matter for both classes, and a council can refuse on it alone. What evidence to submit and which sites cannot convert.

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Permitted Development7 min read

Article 4 directions: compensation and notice periods

Compensation under section 108 of the 1990 Act shapes how councils make article 4 directions. Here are the notice periods, the procedure and the checks before you rely on a right.

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Permitted Development7 min read

Biodiversity net gain and permitted development

Mandatory net gain attaches to permissions granted on an application, which leaves permitted development and prior approval outside the regime. Wildlife law still applies in full.

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Permitted Development7 min read

Switching between C3 and C4 in an Article 4 area

Class L of Part 3 permits a house to become a small HMO, unless an article 4 direction has removed the right. How to check whether one applies, and what an application needs when it does.

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Permitted Development6 min read

Annexes and why they fail the incidental test

Garden annexes rarely qualify as permitted development, whatever their size. This explains the incidental test in Class E of Part 1, the planning unit question, and how to apply for an annexe properly.

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Permitted Development6 min read

Curtilage and how its extent is decided

The curtilage of a dwellinghouse controls where householder permitted development can be used. This explains the three factors courts apply, how paddocks and garden extensions are treated, and how to evidence the boundary.

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Permitted Development6 min read

Balconies, verandas and decking above 300mm

Decking at 250mm can be permitted development. At 400mm it is a raised platform and needs planning permission, and so does any balcony or roof terrace.

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Permitted Development7 min read

The materials of similar appearance condition explained

Breach the materials condition and the permitted development right disappears. What similar appearance means for brick, render, cladding and dormer cheeks.

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