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Category Archives: News

Do I always need Planning Permission?

Do I always need Planning Permission?

We continue our easy-to-follow guide to applying for planning permission for development…

 

 

Do I always need planning permission for a development?

Not always no. It is possible to carry out some type of work without having to apply for permission. This is where you use ‘permitted development rights’, which are conferred by The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Don’t forget that while these rights apply to the majority of houses, they are not applicable for flats and maisonettes

What are permitted development rights?

These rights allow you to carry out certain kinds of work, as long as the restrictions are adhered to. For example, you can add a single storey extension, as long as it doesn’t extend beyond the rear wall of the original house by more than three metres or four metres for a detached house, and in some cases six metres or eight metres for a detached house. The maximum height of the rear extension must not exceed four metres. It should be noted however that there are other criteria too and these must be cross-referenced to ensure your proposal satisfies them all before it is confirmed to be ‘permitted development’.

Also included in permitted development are loft conversions, as long as they do not create more than 40 cubic metres of space in a terraced house and 50 cubic metres in any other case. Again, there are other criteria that should also be considered before the proposal can be confirmed to be permitted development.

Do remember that any space that was added by any past owners of your property since 1948 will count as previous development over and above the ‘original dwelling’ and should be factored in when working through the relevant criteria to decide whether further development can be undertaken under allowances conferred by permitted development rights.

When do they not apply and what are the limitations?

If you live in certain areas, called ‘designated areas’, then you will find that permitted development rights are more restricted. The following areas are included in this:

  • a National Park
  • a Conservation Area
  • a World Heritage Site
  • an Area of Outstanding Natural Beauty
  • the Norfolk or Suffolk Broads.

Local authorities are also able to remove some of your permitted development rights by issuing an ‘Article 4’ direction or by withdrawing permitted rights (e.g. extensions, alterations and changes of use) through the imposition of a planning condition that is attached to a primary planning permission. In this instance you will have to submit a planning application for work which would not normally need permission.

Article 4 directions are often put in place by local authorities when development could threaten the character of an area. This most often happens in conservation areas, but you can check with the local planning authority if you are unsure.

Lawful development

If it is unclear if permitted development is allowed, or if your project is not straightforward, you should consider applying for a lawful development certificate. This can be useful for anyone undertaking work under permitted development – it can be useful if you come to sell your property as there will be no quibbling over whether the work is compliant or not. It is a definitive opinion provided by the local authority whether your proposed development / change of use is lawful under permitted development rights. Opinions provided informally by local authorities as part of the pre-application process do not carry the same weight therefore you should not necessarily rely on them.

How can I find out if these limitations apply?

Contact the planning department at your local authority for more details. If it is unclear where you stand, getting advice from a planning consultant, such as Apex Planning, could be invaluable. We can not only advise you whether a proposal can be completed under permitted development rights, where a proposal is not compliant we can suggest amendments to ensure it is, and if ‘limitations’ are in place we can advise you how to prepare the requisite planning application for permission from the local authority.

If you would like to discuss your own planning project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

How Does Planning Permission Work?

How Does Planning Permission Work?

Planning an extension or business project, but baffled by the complexities of the planning requirements? Follow our easy guide… Planning permission is there to ensure that inappropriate development does not take place. It applies to everything from extensions to residential homes, change of use for business properties right up to new housing, leisure, industrial, commercial,… Read more

Everything will become clear this summer with the new NPPF

Everything will become clear this summer with the new NPPF

The planning world is awaiting the publication of the revised National Planning Policy Framework with bated breath… Did you submit a response to the consultation draft NPPF? Then look to the end of July, when the revised National Planning Policy Framework (NPPF), is expected to be published, to see if the Government listened to you.… Read more

The butterfly effect of government changes

The butterfly effect of government changes

Planning and development will be affected by a number of recent political moves… Recent changes within the Government could have seismic consequences, even when they appear at first to be seemingly unrelated to planning and development. For instance, after Sajid Javid’s promotion to Home Secretary we have a new Secretary of State for Housing, Communities… Read more

A greener and more pleasant land

A greener and more pleasant land

Could technological advances in auto engineering change the face of planning? The increase of cars on our roads has changed the places we live in. Just take a look at a road lined with Victorian terraces – not a driveway in sight – and compare it with modern housing estates, with drives instead of gardens… Read more

Housing Provision for the Elderly

Housing Provision for the Elderly

Care needs to be taken to ensure there are residences for older residents – and it is a particular issue for retiring farmers… We have heard that the Communities and Local Government Committee (CLGC) has called for a review of the provision of housing for older people. Over past years, the number of bungalows being… Read more

Awaiting the National Planning Policy Framework

Awaiting the National Planning Policy Framework

The planning industry is waiting for the draft of the National Planning Policy Framework to appear before Easter… Those of us in the planning and development industry are waiting with bated breath for the Government to publish the draft revised National Planning Policy Framework (NPPF), which is expected before Easter (according to a letter from… Read more

A successful year for Apex Planning Consultants

A successful year for Apex Planning Consultants

Getting the right result for our clients is always very satisfying – and this year we have had some particularly pleasing outcomes for both domestic and commercial customers.Our work below includes examples for Change of Use, Residential Development, Listed Buildings, Planning Appraisal and Planning Appeals, for both domestic, commercial and industrial clients. Read on to… Read more

Planning Industry Developments

Planning Industry Developments

There are a number of developments in the pipeline that will impact the planning industry from last month’s budget… Following on from our blog in November and the recent budget announcement, there are more impending changes that will affect the industry: Planning application fees One of the other notable changes that appears close to fruition is… Read more

Budget looms large over planning issues

Budget looms large over planning issues

Planning hits the headlines at this crucial time… With the Budget looming, the world of planning has again hit the headlines for several reasons. Of course, there is the usual abuse directed toward the delivery of housing – it’s the fault of the greedy developers / incompetent local planning authorities (*delete as applicable!) – which… Read more

Our Pledge To You

The primary aim of Apex Planning Consultants is to establish a clear and precise strategy that tackles the hurdles presented by the increasing complexities of the planning process and associated legislation.

This must be provided to retain our credibility and client trust, and this is achieved through our reliability to deliver, how well we keep our promise, and the expedient delivery of projects.

Important to this is our ability to be accessible to all clients and to communicate information quickly and as simply as possible.  A key focus of Apex Planning Consultants is to help clients find the solution that is right for them.

To learn more about individual projects, please take a look at our blog.

This is what just two of our clients have said:

“I contacted Apex Planning Consultants when my application to change the use of my rental property from a single dwelling household to a HiMO was refused by local authority planners.  Apex Planning Consultants launched an appeal with the planning inspectorate on behalf.  They demonstrated high standards of professionalism and great attention to detail in preparing and responding to submissions.  This led to a recent decision in my favour, which now allows me to operate the property as a HiMO.  In addition, they successfully negotiated to avoid the potentially expensive and crippling conditions which the local authority planners were seeking to impose with the inspectorate’s decision.  That is a result!”
George Bandasoah – Property Landlord – Milton Keyes

 “I used Apex Planning recently on a project, following a recommendation from my architect.  They provided planning advice, influencing the design of a large extension and additionally a planning statement to support the planning application.  I found them to be efficient, knowledgeable and very professional.  Their costs were very reasonable, given the result of achieving full planning permission on first application.  I would thoroughly recommend them.”
Darren Bishop – Homeowner – Aylesbury

Apex Planning Consultants Limited t /a Apex Planning Consultants. Company number: 8091611. Registered in England & Wales.

Registered office: 1 Hillbeck Grove, Middleton, Milton Keynes, MK10 9JJ. VAT Registration Number 210735054.