A new Labour Government....... what does that mean for planning reform?

22 July 2024 by Simon Drayson

PR200 Proposed Elevations 4 v2

The new chancellor has recently announced a number of reforms to the planning system which should make it easier for our clients to build new homes. With councils often taking longer than the statutory 8 weeks to make a decision, we always explore what can be done under Permitted Development without the need for planning permission... read on to find out more!

With Planning, What is the Difference Between Householder Permission and Permitted Development?

When planning home improvements, it's essential to understand the distinction between householder permission and permitted development rights. This knowledge can save you time, money, and the hassle of unnecessary paperwork. At George and James Architects, we specialize in helping homeowners navigate these regulations to achieve their dream projects seamlessly. Here's a detailed look at what each term means and how they impact your home improvement plans.

Permitted Development Rights

Permitted Development Rights (PDR) are a set of regulations that allow certain building projects to proceed without the need for formal planning permission. These rights are designed to simplify the process for homeowners wanting to make straightforward home improvements, such as kitchen extensions or loft conversions.

Key points about Permitted Development Rights include:

  • Scope: PDR covers a range of home improvement projects, including extensions, loft conversions, conservatories, and certain outbuildings.
  • Conditions and Limitations: While PDR allows more freedom, there are specific conditions and limitations. For example:
    • Rear extensions must use materials similar in appearance to the existing house.
    • Extensions cannot extend beyond the rear wall of the original house by more than 4 meters for detached houses and 3 meters for non-detached houses.
    • The maximum height for such extensions is capped at 4 meters.
    • Wraparound extensions, which extend to both the rear and the side incorporating the corner in-between, are not classed under Permitted Development. These projects require full planning consent, which, while often permissible and offering significant space benefits, tend to cost more due to the additional structural requirements.
    • Side Extensions: Extending to the side of a property, such as into the underutilized strip of garden in a Victorian terrace house, is often allowed under permitted development. However, limitations include:
      • Owning the whole property (not just the ground floor).
      • Not being located within a conservation area, national park, or area of outstanding natural beauty.
      • Adhering to size limitations for the extension.
  • Planning Portal: The UK Planning Portal offers interactive guidance to help homeowners understand the scope of PDR for typical projects.

Permitted Development Rights are intended to cut through red tape, making it easier and faster for homeowners to enhance their living spaces without getting bogged down in the planning process.

What is Allowed Under Permitted Development?

Permitted Development is a set of rules for alterations that can be made to your home without having to apply for planning permission. There are many variables to what can be classed under Permitted Development, making it challenging to provide a simple answer. Factors include location, house type, and any previous alterations. In theory, projects like small rear extensions, porches, internal alterations, changes of use (such as converting garages), and adding roof lights could all be included in this category. At George and James Architects, we can help you understand what is possible under Permitted Development or assist you in submitting your project for planning permission.

The government has published a guide to the rules covering Permitted Developments, and you can also speak to your local council to assess if a project fits the criteria.

Householder Planning Permission

Householder Planning Permission is required for home improvement projects that fall outside the scope of Permitted Development Rights. This formal permission is necessary when the proposed work exceeds the limitations set by PDR or involves significant changes to the property.

Key points about Householder Planning Permission include:

  • Applications: Homeowners must submit a detailed application to their local planning authority, outlining the proposed changes.
  • Consultations: The planning authority will consult with neighbors and other stakeholders to assess the impact of the proposed changes.
  • Approval Process: The approval process can take several weeks and may require modifications to the original plans to meet planning guidelines.
  • Projects Requiring Permission: Projects that typically require householder planning permission include large extensions, changes to the building's use, and alterations that affect the overall appearance of the property.

Additional Considerations

  • Article 4 Direction: Sometimes, Local Authorities remove Permitted Development Rights using an Article 4 Direction. This means that full planning consent is required regardless of the extension size. This is common in Conservation Areas to protect their special character or appearance.
  • Lawful Development Certificate: To confirm whether your project falls under Permitted Development Rights, it's advisable to seek a Lawful Development Certificate from the Local Authority before carrying out the work. This certificate is crucial, as a buyer’s solicitor will ask for it should you decide to sell your property.
  • Party Wall etc. Act 1996: Contrary to popular belief, the Party Wall etc. Act 1996 doesn’t only apply when working on an existing party wall. It also comes into effect if you plan to build on the boundary line or excavate within 3 meters of your neighbor’s property and deeper than their foundations. This Act requires specific notices to be served, each with its own timescales. Consulting with a Party Wall Surveyor early in your project can prevent costly disputes and delays.

Comparing the Two

  • Complexity: Permitted Development Rights simplify the process, while householder planning permission involves more detailed planning and consultation.
  • Time and Cost: PDR projects are generally quicker and cheaper to implement due to the lack of formal permission requirements. In contrast, householder planning permission can involve additional costs and longer timelines due to the application process.
  • Scope of Work: PDR is suitable for smaller, less impactful projects, whereas householder planning permission is necessary for larger or more significant alterations.

Understanding these differences can help homeowners plan their projects more effectively, ensuring compliance with regulations and avoiding potential issues down the line.

At George and James Architects, we pride ourselves on helping homeowners navigate the complexities of home improvement regulations. Whether it's a simple extension under Permitted Development Rights or a larger project requiring householder planning permission, we ensure that your project is completed efficiently and to the highest standards. Proper planning is key to a successful home improvement journey, and we are here to support you every step of the way.

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