Permitted Development Rights

What are Permitted Development Rights?

You can make certain types of minor changes to your house without needing to apply for planning permission. These are called “permitted development rights”.  More information about these rights can be found on the Planning Portal (external link). The rights come from a general planning permission granted by Parliament, not Wealden District Council. Bear in mind that the permitted development rights which apply to many common projects for houses do not apply to flats, maisonettes or other buildings.

Permitted Development Rights 2014

The Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014 came into effect from 6th April 2014.

The new legislation widens permitted development for Part 3 change of use to new areas, including farm buildings to dwelling houses and shops (A1 use) and financial/professional services premises (A2 uses) to dwelling houses.  However, as with the 2013 GPDO, the Prior Approval regime applies to most of the permitted development, and this has been extended to include design/appearance considerations in some cases.

View a summary of the Permitted Development Rights Update 2014 , although you are advised to also look at the Statutory Instrument SI 2014 No 564 (external link).  New Application Forms have been produced by the Planning Portal to assist in complying with these new regulations.

Permitted Development Rights 2013

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 came into effect from 30th May 2013.

This confirmed a new range of “permitted development” (PD) rights to domestic properties, commercial/institutional/residential changes of use and to increase tolerances for the extension of shops and business premises (without requiring a formal planning application). These changes form part of the Planning for Growth agenda aimed at stimulating economic recovery. Most of these changes are for a temporary period.

View a summary of the new permitted development rights, although you are advised to also look at the Statutory Instrument SI 2013 No 1101 (external link). In addition, the Council have produced Application/Nomination Forms to assist in complying with these regulations

The previous amendments to the Town and Country Planning (General Permitted Development) Order 1995 (GDPO) came into force on 1st October 2008

The main areas of change contained within that 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 (external link).

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 dwelling house would extend beyond a wall which:
  • fronts a highway, and
  • forms either the principal elevation or a side elevation of the original dwelling house.

Restrictions on Side-Facing Windows

Any upper-floor window located in a wall or roof slope forming a side elevation of a dwelling house 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.

Frequently Asked Questions

The Department of Communities and Local Government have produced Frequently Asked Questions on the changes to Permitted Development.

The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008  can also be viewed on the Department of Communities and Local Government (external link) website and also at the Planning Portal (external link) website.