Navigating the planning system is something that most people will have to do at one point or another in their lives. Whether it be enlarging your home or constructing that swimming pool you have always dreamed of. However, it’s crucial to be aware of planning regulations to ensure that your home projects don’t lead to enforcement action.
Historically, where planning rules have been breached, home owners have had the luxury of the “4 year rule” which is associated with the concept of “immunity from enforcement action”. However, with the Levelling Up and Regeneration Act having been given royal assent in October 2023, changes are imminent that will mean all planning breaches will take 10 years to become immune from enforcement action. Whilst secondary legislation is required before a 10 year rule applies to all development, the change is imminent and it is more important than ever to know what you can and cannot do within the confines of your property. (You can read more about changes to the 4 year rule here.)
In my experience, the vast majority of enforcement cases either come about due to a misunderstanding of your permitted development rights or because a planning permission was not lawfully implemented.
Before embarking on any development project it is always a good idea to seek professional advice. This article is intended to provide an overview on how homeowners can navigate planning regulations, to help you understand the potential pitfalls and give you a greater understanding of the common mistakes.
Permitted Development – an overview of Schedule 2, Part 1 of the GPDO
As a starting point, it is important to understand that all development requires planning permission. However, some forms of development are automatically given planning permission by the General Permitted Development Order 2015 (as amended) (GPDO). However, what can and cannot be done using permitted development rights is complex.
Schedule 2, Part 1 of the GPDO is something that most homeowners will have made use of whether they realise it or not. This legislation governs various types of development that can take place within the curtilage (i.e. the boundary) of your dwelling.
The GPDO allows you to undertake various works to your property. Some of the most commonly used include:
- Class A – enlargement, improvement or other alteration of a dwellinghouse
- Class E – buildings etc incidental to the enjoyment of a dwellinghouse
These two PD rights allow you to extend your house and erect an outbuilding such as a home office or games room respectively.
In either case it is essential that you understand what you can and cannot do before you start work.
For example, under Class A you can construct extensions to the rear and side of your house, subject to certain limitations, but not to the front. The size of an extension that is permitted will vary according to whether it is single storey, two storey or if you live in a protected landscape such as an Area of Outstanding Natural Beauty or National Park.
Class E only allows you to erect buildings that are incidental to the enjoyment of the dwellinghouse. An outbuilding cannot contain separate living accommodation if it is being erected under permitted development (see our other article on.)
Another common pitfall is the height limits of the outbuilding being exceeded. If your outbuilding is within 2m of any boundary, the height cannot exceed 2.5m.
If your property is listed, you can say goodbye to all of your permitted development rights. In fact, if you want to undertake work to a listed property, not only will you need planning permission but you will also need Listed Building Consent. This includes changing your boundary fence or wall and internal changes.
Furthermore, permitted development rights can be removed either through the use of planning conditions or through, in some cases, blanket wide Article 4 directions. Certain permitted development rights are also restricted in designated areas such as conservation areas, National Parks and AONBs.
Where a project is likely to fall within the remit of permitted development, but you want extra certainty, a certificate of lawfulness can be a useful process to follow. This involves making a submission to the Council outlining the works you want to undertake in order to get their confirmation that planning permission is not needed. This can give you the assurance that no enforcement action will be taken at a later date provided what you propose to the Council is what you construct onsite.
For anyone wishing to undertake works within the curtilage of their property we strongly advise that you first seek professional advice so that you fully understand your permitted development rights and whether your project will require planning permission.
Planning permission for your home improvement project
Perhaps you have applied to extend your house beyond what is allowed under the GPDO, or gained consent for an outbuilding that will be used as a spare room or granny annex.
In either case, it is very important that you abide by the conditions set out within the planning permission. Failure to comply with the requirements of conditions can result in you losing your planning permission. Where a condition goes to the heart of the planning permission, such as the design, then the Council may deem that you never lawfully implemented your permission. As such, it is always important to carefully read any decision notice in full and ensure that you understand the requirements of all the conditions.
There are several types of conditions which can be broken down into the following subsets:
- Compliance conditions;
- Pre-commencement conditions; and
- Pre-occupation conditions
Compliance conditions
Compliance conditions are specific requirements set by planning authorities that must be met by the developer or property owner during or after the construction or implementation of a development project. These conditions are designed to ensure that the approved plans and permissions are followed, and the development complies with relevant regulations. Compliance conditions are typically relevant throughout the construction and occupancy phases of a development.
The most common compliance conditions include the three year time limit for and a condition requiring you to carry out the development in line with the plans you have submitted. Failure to comply with either of these conditions will most likely result in you losing your planning permission.
Pre-commencement conditions
Pre-commencement conditions are a subset of conditions imposed by planning authorities, and they specify certain matters that must be addressed before the actual construction or implementation of a development project begins. These conditions are meant to be satisfied before any physical work on the site commences.
Typical conditions might include a requirement to provide details of materials or in more complex cases, technical drainage details.
Pre-occupation conditions
A pre-occupation condition refers to a specific requirement or set of requirements that must be fulfilled by a developer or property owner before the occupation or use of a development is allowed. The purpose of pre-occupation conditions is to ensure that certain essential elements are in place or specific actions are taken before people move into or start using a newly developed property. These conditions are designed to address various aspects, such as safety, infrastructure, and environmental concerns, to make the development suitable for occupancy.
Such conditions may not specifically require the submission of additional information. They may, however, require you to complete approved parking arrangements or provide details of hard and soft landscaping.
Key planning takeaways
Some key takeaways you should consider before undertaking any development project.
- Understand the regulations: Permitted development rights are notoriously complex and if you do not fully understand the regulations, Plainview Planning can advise you of your rights and what is available to you on a site by site basis. Knowing the rules will help you plan your activities within the legal framework.
- Submit a certificate of lawfulness: If the proposal is complex and you are unsure whether permission is needed or not, a certificate of lawfulness will give you certainty. A certificate of lawfulness can be a useful tool in more complex and grey areas of planning, such as the use of buildings as annexes.
- Engage with your neighbours: If your project may impact your neighbours, it is advisable to discuss your proposals with them (even if the project doesn’t need planning permission). It may be that some simple changes to the design could help overcome their concerns. In some cases it will not be possible to find a solution that everyone is happy with, but it can help maintain relationships.
- Seek professional advice: Consider hiring a professional planning consultant to help you navigate the planning process. Plainview Planning can provide expert advice on how to structure your project to meet local requirements.
- Pre-application advice: Many planning authorities offer pre-application advice services. Submitting your plans for review before formally applying for permission can help identify potential issues early on and allow you to make necessary adjustments.
- Apply for planning permission: If your project requires planning permission, ensure that you submit a thorough and accurate application. Provide all required documentation and information to support your case. As with permitted development, we would advise you to engage a specialist to ensure that the process runs as smoothly as possible.
- Monitor compliance: If you already have planning permission, make sure to adhere to the approved plans and conditions. Any deviations from the approved plans may lead to enforcement action.
About us
We are Plainview Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.
The information provided in this article is for general informational purposes only and should not be construed as professional advice. While we strive to present accurate and up-to-date information, the complexities of planning regulations and legal matters may vary based on location, and regulations are subject to change. It is essential to consult with qualified professionals, such as planners or legal advisers, to obtain advice that is relevant to your individual situation.