Amendments to Permitted Development Rights
effective from 1st October 2008
Amendments to the Town and Country Planning (General Permitted Development) Order 1995 (GDPO) come into force as from 1st October 2008.
The main areas of change contained within the Order are as follows:-
Paving of Front Gardens
Planning permission will be required to lay traditional impermeable driveways that allow uncontrolled runoff of rain water from front gardens onto roads. The new rules will apply where existing hardstandings are being replaced and where hard surfaces exceed 5 square metres in area. If the new driveway or parking area is constructed using permeable surfaces or if the water is able to soak into the ground, then planning permission is not required.
The Department of Community and Local Government have produced Guidance on the permeable surfacing of front gardens.
Restrictions on Principal and Side Elevations
There have been fundamental changes to this element moving towards a more impact approach. These changes include:-
- Removal of the 70 cubic metres limit (or 50 cubic metres in an Area of Outstanding Natural Beauty)
- Development is not permitted where the enlarged part of the dwellinghouse would extend beyond a wall which:-
- fronts a highway and
- forms either the principal elevation or a side elevation of the original dwellinghouse.
Restrictions on Side-Facing Windows
Any upper-floor window located in a wall or roof slope forming a side elevation of a dwellinghouse shall be:-
- obsure-glazed, and
- non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
Roof Alterations
Existing rights for roof alterations are only restricted in terms of there not being "a material alteration to the shape" of the roof.
Chimneys, Flues and Soil and Vent Pipes
Development is not permitted if the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more.
Solar Panels
The existing restriction on solar panels on the roof of a principal or side elevation in a conservation area has been removed.
Changes to Class E (Outbuilding, Enclosures, Swimming or other Pools)
There have been a number of changes to this section and you are advised to look at the order.
The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 can be viewed on the Department of Communities and Local Government website and also at the Planning Portal website, where there is also a visual guide.
If you require further informal advice please email your request to planning@wealden.gov.uk. If a formal definitive response is required then you are advised to submit an aapplication for a Lawful Development Certificate for a Proposed use or development.
