What is Permitted Development?

Introduction to Permitted Development

Permitted Development allows homeowners to make minor changes to their property without needing planning permission. This includes loft conversions, side extensions, rear extensions, and garage conversions. The rights were introduced under the 1995 Town and Country Planning Act (General Permitted Development) Order 1995, with several amendments over the years.

Typically, these rights apply to houses only, excluding flats, maisonettes, and other buildings. Additionally, properties in conservation areas or listed buildings are not covered by these rights.

Permitted Development Rights Withdrawn

Sometimes, the local planning authority may remove your permitted development rights through an Article 4 direction. This means you must submit a planning application for work that would normally be permitted. Article 4 directions aim to protect areas of special importance, and they are most common in conservation areas. If you’re unsure whether your property is affected, check with the local planning authority.

Understanding Lawful Development

At 4D Planning, we can advise whether your proposed extension qualifies under Permitted Development and is considered “lawful.” If your project falls under Permitted Development, you need to apply for a “Certificate of Lawfulness” or a Certificate of Lawful Use from the local council. This requires submitting scaled architectural drawings of both the existing property and the proposed changes. Our consultants will prepare all necessary documentation and drawings to meet the local Council’s requirements.

Why Obtain a Lawful Development Certificate?

To ensure that a building’s existing use is lawful or that your proposal does not need planning permission, you can apply for a ‘Lawful Development Certificate’ (LDC). For instance, if previous works were carried out without planning permission and you plan to sell the property, obtaining an LDC can facilitate a smoother sale. While not compulsory, an LDC confirms that the use or activity is lawful for planning control purposes, providing peace of mind to property owners.

Costs of Lawful Development Applications

The council charges £103 for a lawful development application for residential extensions. For change of use applications or creating flats or an HMO, the fee is £462.

Established Use and Enforcement

If a property is in breach of planning regulations but has an “Established Use,” it may be exempt from enforcement action. This often applies if the property was extended or converted without planning permission. In such cases, the applicant can apply for a Lawful Development Certificate, provided there is evidence of the development’s use for at least 4 years for residential extensions and conversions or 10 years for commercial uses.

Contact Us for Assistance

If you need further guidance on your project, call us today for a FREE consultation: 020 3150 0183