PART 1, Class A,B,C,D,E,F,G,H&I

In this page we look at each Class & paragraph of PART 1 of the current permitted development regulations and add some of our comments.

We use the following conventions

The words of the regulations are reproduced in BLACK type

Our Comments are in BLUE type

Tips (if any) are in GREEN type

Cautions (if any) are in RED type

 

PART 1
DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

PART 1 Introduction

PART 1 contains the main Classes of development we use most of the time. 3D Guides take each Class one at a time and dedicates a navigable scene to each clause and limitation of each Class. At the end of each Class there is a Project Checklist scene illustrating how it permits a particular development. e.g. an extension under Class A or
a loft conversion under Class B, and so on.

Class A

Permitted development
A. The enlargement, improvement or other alteration of a dwellinghouse.

Class A is an important one for householders. This is where to find out if the extension you have in mind is permitted development (PD for short) or whether you will need to apply to your council for permission. It also covers things like converting an integral or attached garage to living space, inserting new doors or windows and rendering and cladding, for example. Paragraph A in black type above is the planning permission granted by Article 3.(1) of the GPDO.

To check out your design, test it against all the Class A limitations.

Development not permitted

A.1 Development is not permitted by Class A if—

(a) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

Limitation A.1(a)

The key figure here is the area of garden left after accounting for the footprint of the house itself. This limitation is usually more of a constraint on development to properties with quite small gardens. So with a small garden and a lot of outbuilding coverage you could find yourself with little or no allowance left for an extension!

There is a very close link here between Class A development and Class E development. Limitation A.1(a) and Limitation E.1(a) make it clear that "buildings" means both extensions to the house itself and outbuildings, the total ground covering area of which must not come to more than 50% of the garden not counting the footprint of the house.

(b) the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

Limitation A.1(b)

Limitation A.1(b) places a cap on the height of any development to the house to be no higher than the ridge. In practice, there is little you might realistically want to do that would fall foul of this limitation. It doesn't usually interfere with useful, practical extension designs.

(c) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

Limitation A.1(c) poses little, if any, difficulty to comply with. "Eaves" is defined in various dictionaries as "the lowest edge of a roof".

Constructionally, the "eaves" are comprised of the actual roof tiles (or slates) on the edge together with any fascia and soffit.


Where there is any difficulty in matching the exact details of existing fascias and soffits,we suggest that the "height" referred to is taken to be the height of the tiles (or slates) rather than the height of a fascia or soffit. After all, it is MAXIMUM height which the limitation seeks to control.

The government have made it clear that where a house has eaves at more than one level, it is the height of the eaves of the PART OF THE HOUSE being extended from which is relevant. e.g. if you're extending, say, a single storey bit of a two-storey house then it's the eaves of the SINGLE storey bit whose height must not be exceeded by the height of the eaves of the new bit.

Not everybody 'gets it', though. Have a look at this recent Appeal Decision. The council had argued, incredibly, that the 'eaves' were the HIGHEST part of the roof on a little single storey extension. Doh! The inspector, though, was having none of it and set things straight in allowing the appeal.

(d) the enlarged part of the dwellinghouse would extend beyond a wall which—

(i) fronts a highway, and

(ii) forms either the principal elevation or a side elevation of the original dwellinghouse;

Under Limitation A.1(d), note that the 'principal elevation' (what most of us would recognise as the front of the house) must ADDITIONALLY 'front' a highway for extensions to it to be excluded under this limitation.

(e) the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;

Limitation A.1(e) has recently been clarified by two Appeal decisions---one from the 12th August and another from the 29th October. Both of these are worth reading because the inspectors reached similar conclusions in principle but usefully expressed their reasoning in slightly different ways. At 3D Guides we have argued in favour of this interpretation since the new regulations were published in September 2008. In essence, one should read-in the words "the plane of" immediately after the words 'extend beyond' at the beginning of A.1(e)(i).

(f) the enlarged part of the dwellinghouse would have more than one storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or

(ii) be within 7 metres of any boundary of the curtilage of the dwellinghouse opposite the rear wall of the dwellinghouse;

This limitation is specifically for 2 storey extensions to which the 3 metre depth limit applies for all types of house.Note also the requirement that a 7 metre gap must be maintained between the new rearmost part of the extension and the boundary opposite.

NOTE: 2-storey extensions simply don't 'work' very well on lots of houses: creating access to the new 1st floor from the existing landing will often entail losing some or most of one of the existing rear rooms for a new corridor. Ouch.

(g) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;

Limitation A.1(g) caps the height of the eaves of an extension at 3 metres where its within 2 metres of the boundary. In practice, it precludes 2-storey extensions adjacent to boundaries. See also comments on A.1(c) about the meaning of 'eaves'.
 

(h) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would—

(i) exceed 4 metres in height,

(ii) have more than one storey, or

(iii) have a width greater than half the width of the original dwellinghouse; or

All pretty simple stuff for A.1(h). NO 2-storey extensions to the sides of any type of house; 4 metre height limit for any single storey extensions and a simple to calculate width limit. The government have also indicated that the 'width of the original dwellinghouse' is to be taken at its widest point if there's more than one width.

(i) it would consist of or include—

(i) the construction or provision of a veranda, balcony or raised platform,

(ii) the installation, alteration or replacement of a microwave antenna,

(iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(iv) an alteration to any part of the roof of the dwellinghouse.

Limitation A.1(i) effectively introduces a ban on verandahs, balconies and raised platforms (over 300mm in height) which could be PD under the old regulations because many of these were causing 'overlooking' problems.

Microwave antennae (ii) are excluded from Class A but permitted anyway under Class H

Chimneys, flues or S&V pipes (iii) are excluded from Class A but permitted under Class G

Alterations to the main roof (iv) are excluded from Class A but permitted by Classes B & C

NB its quite common for the GPDO to exclude certain development--e.g. microwave antennae---from one Class but specifically permit that same development under another Class. So just because a rear extension 'includes' a S&V pipe doesn't mean the whole extension is not permitted, it means it's not permitted by CLASS A. It's still permitted by Class G because A.1(i)(iii) cannot extinguish the permission granted for Class G by Article 3---para.(1)


NOTE: the word "microwave" was introduced in 2005 to replace the word "satellite" previously used. In other words, what they mean by "microwave antenna" is what most of us still call a "satellite dish".

A.2 In the case of a dwellinghouse on article 1(5) land, development is not permitted by Class A if—

(a) it would consist of or include the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles;

A.2(a) precludes external cladding using the materials specified. It follows then, that external cladding should be permitted elsewhere. But see A.3(a) later.

(b) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse; or

Side extensions excluded altogether on article 1(5) land

(c) the enlarged part of the dwellinghouse would have more than one storey and extend beyond the rear wall of the original dwellinghouse.

Limitation A.2(c) limits rear extensions to single storey in all instances of a house being on article 1(5) land.

Conditions

A.3 Development is permitted by Class A subject to the following conditions—

(a) the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

Condition A.3(a) is a nit-pickers charter which predictably is causing problems. In theory, it should be straightforward to match closely enough new bricks to old, or slates to slates, tiles to tiles etc---IN THEORY! But what about weathered materials? In practice, building materials age over time, roof tiles especially. The 'appearance' of old tiles will often bear little resemblance to what they looked like when new. Only conservatories are specifically exempt from this condition.

(b) any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse shall be—

(i) obscure-glazed, and

(ii) 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; and

In most instances the effect of A.3(b) will be to require that such windows are obscure-glazed AND non-opening if the "window" is in a "room" in the first place. The new regulations are unclear where it would serve a new stairway: a stairway/landing is not a "room". Also, its unclear why a "roof slope" has been mentioned at all in Condition A.3(b) when limitation A.1(i)(iv) has already excluded alterations to the roof!

(c) where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part shall, so far as practicable, be the same as the roof pitch of the original dwellinghouse.

Condition A.3(c) can only apply where no part of a new 2-storey extension "consists of or includes...an alteration to any part of the roof of the dwellinghouse". If it does, limitation A.1(i)(iv) has already sent that part of the development off to Class B: i.e. it's not permitted by Class A in the first place. Class B development cannot be affected by a Class A Condition. Condition A.3(c) does have application, though, on some quite popular houses. e.g. gable fronted 1960's detached where the rear wall will also be gabled and the roof of a 2-storey extension could be lower than the main roof. In such instances, the extension's roof slopes would need to match the pitch of the main roof slope---'so far as practicable' whatever that means.

 

Class B
Permitted development


B. The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.

Class B Introduction

Class B is used to build dormer type loft conversions under permitted development. It can also apply to putting a roof on a two storey extension being built up to eaves level under Class A,  or used to turn a hip roof into a gable end.

Development not permitted

B.1 Development is not permitted by Class B if—

(a) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;


Limitation B.1(a) is similar to A.1(b). The highest part is normally the ridge at the top of the roof slope(s).

(b) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway;

Limitation B.1(b) stops you building a dormer (for example) on the front of your house. In cases where the "principle elevation" does not "front a highway" (which is rare) the limitation would not apply.

Under the old reg's this limitation (it had the same paragraph reference i.e. B.1(b)) caused difficulty where a "highway" of some form---e.g. public footpath was on the other side of the boundary at the bottom of a back garden. It was never clear in these circumstances whether a REAR roof slope 'fronted' such a highway. Its only taken 19 years and 10 months to address this wrinkle but the new reg's have now done so.  Back/rear roof slopes---at least those which are not a "principle elevation"---are no longer taken to "front" a highway even if there is a highway at the bottom of the back garden. NB this information is NOT in the new reg's themselves; its buried in the background documents which informed the drafting of the new reg's.

(c) the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—

(i) 40 cubic metres in the case of a terrace house, or

(ii) 50 cubic metres in any other case;


These volume limits have been brought forward from the old regulations and are perfectly adequate for most instances.

(d) it would consist of or include—

(i) the construction or provision of a veranda, balcony or raised platform, or

(ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or

(e) the dwellinghouse is on article 1(5) land.

Limitation B.1(d). As under Class A, verandahs, balconies and raised platforms are excluded because of their history of causing overlooking problems. Although the construction of a dormer will often involve the installation or alteration of a soil & vent pipe, whilst such a pipe is excluded under Class B it is permitted under Class G---see later. B.1(d) does not extinguish the permission granted for Class G development by Article 3.--(1)

Conditions

B.2 Development is permitted by Class B subject to the following conditions—

(a) the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;


This condition, predictably, is proving to be problematic concerning the felt used for the 'flat' roof of dormers. The government and their consultants were well aware that the leading case on this subject, Buroughs Day v Bristol City Council, established that in order for development to have 'appearance' in the first place you've got to be able to see it! The judge held that it must be more than 'de minimis' and not merely partly visible from a strained vantage point.
The matter has been dealt with recently by an appeal inspector who additionally made another important and interesting point at para.11 of his decision letter: "...it should be borne in mind that B.2(a) is a condition attaching to permitted development rights rather than one of the circumstances in which such rights are withdrawn." In other words, a condition is not a limitation. Arguably, there must be some development in existence in the first place upon which a condition can have an effect.
The problem is not confined to the felt used on flat roofs. Pitched-roof dormers can run into problems here too because both lead cladding and render are traditional finishes for dormer cheeks and faces. So, unless at least part of the existing house is rendered, then a rendered finish to a new dormer may be excluded. In respect of lead cladding, how many "existing dwellinghouses" are finished in lead?

(b) other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20 centimetres from the eaves of the original roof; and

Condition B.2(b) is a sensible amendment to the old reg's as it prevents dormers from being constructed whereby the face of the new dormer ends up being co-planer with the face of the rear wall of the house. There has always been widespread agreement that such an arrangement can look awfull---and usually does. And there's no need for it: constructionally and geometrically there is rarely any instance where the dormer face cannot be set to emerge through the existing roof some way up the roof slope from the eaves, often to emerge well over 20 centimetres up.

The concession to "hip-to-gable" enlargements is also sensible as it enables householders to choose between 'full' gable formation or 'dormer on a hip' formation to create headroom for the new stairs positioned over the existing stairs where they work best.

(c) any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse shall be—

(i) obscure-glazed, and

(ii) 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.


The wording in Condition B.2(c) is the same as in A.3(b) so we make a similar comment: many such windows, especially in a semi-detached house, will serve a stairway rather than a room. Clearly, by vitrue of B.2(c)(i), all such windows must be obscure-glazed, but only non-opening IF THE WINDOW SERVES A ROOM. A stairway is not a room and a staircase is not a floor.

Interpretation of Class B

B.3 For the purposes of Class B “resulting roof space” means the roof space as enlarged, taking into account any enlargement to the original roof space, whether permitted by this Class or not.

The interpretation B.3 makes it clear that some other development which may have been granted by, say, an express consent and which has already enlarged the roof must be taken into account when using Class B's volume allowances.

 

Class C
Permitted development


C. Any other alteration to the roof of a dwellinghouse.

Class C Introduction

Class C permits loft conversions using just rooflights which don't add a dormer and therefore don't 'enlarge' the roof. It also applies to where you might be adding a rooflight to an existing conversion, or simply adding a rooflight to an un-converted roof space. Re-roofing with different materials is also permitted development under Class C.

Where a loft conversion is being carried out under Class B with a dormer extension on the back roof slope, it is Class C which permits any rooflights installed at the same time on the front roof slope. In other words, Class C works hand-in-hand with Class B, each permitting their own part of the whole works.

Class C is very useful for 'rooflight only' type loft conversions on article 1(5) land where dormers are not permitted by Class B and where it might be difficult to obtain planning permission for one from the council.

Development not permitted

C.1 Development is not permitted by Class C if—

(a) the alteration would protrude more than 150 millimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

Limitation C.1(a) ensures that the top part of the rooflight 'sticks out' from the plane of the roofslope by no more that 150mm. The 150mm is measured at 90 degrees to the roof plane. In practice, most brands of rooflight 'stick out' less than 150mm and some don't 'stick out' at all.

(b) it would result in the highest part of the alteration being higher than the highest part of the original roof; or


Similar to A.1(b) & B.1(a)---the top of the ridge is the height limit.

(c) it would consist of or include—

(i) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(ii) the installation, alteration or replacement of solar photovoltaics or solar thermal equipment.

As with other Classes of the new reg's, the items specified in (i) & (ii) above, whilst NOT permitted by Class C, ARE permitted by Class G and PART 40 of the 1995 GPDO respectively.

Conditions

C.2 Development is permitted by Class C subject to the condition that any window located on a roof slope forming a side elevation of the dwellinghouse shall be—

(a) obscure-glazed; and

(b) 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.

See comments on B.2(c)

 

 

Class D
Permitted development


D. The erection or construction of a porch outside any external door of a dwellinghouse.

Class D Introduction

Class D is very good for seeing how the 'permit generally, then limit specifically' approach at the heart of how permitted development under the GPDO works.

Development not permitted

D.1 Development is not permitted by Class D if—

(a) the ground area (measured externally) of the structure would exceed 3 square metres;

Limitation D.1(a)

Very simple: just ensure that the area of your proposed porch is no more than 3 square metres. e.g 1.5m x 2m

A few other points to remember about porches under Class D:

1. for a porch to be a "porch" under Class D, the "external door" it relates to must remain in place: if you take it away after building the "porch", the porch will no longer be a "porch", it will be an extension and will need to qualify under Class A to be permitted development...and it might not do so!!

2. you can't build a "porch" on another "porch"---see above


3. a "porch" doesn't have to have sides, or a front, or be enclosed with its own door: it can be just a roof, in which case its "ground area" is the plan view of the roof; the area vertically under the roof. This limits the size and impact of a roof type porch as much as it limits an enclosed type porch.

(b) any part of the structure would be more than 3 metres above ground level; or

Limitation D.1(b)

Ground level is normally taken to mean the natural ground level adjacent to the house where the porch is going. If the ground itself slopes down or across from the doorway, its safer to measure the 3 metre height limit from the lowest ground level to the top of the porch to be sure that its permitted by Class D.

(c) any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway.

Limitation D.1(c)

Just make sure your porch comes no closer to your boundary with a highway than 2 metres------usually at the front of the house.

Class E
Permitted development


E. The provision within the curtilage of the dwellinghouse of—

(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or

(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.

Class E Introduction

This Class covers garden buildings and structures as opposed to extensions to the house itself.

Note that "enclosures" includes tennis courts and other such fenced in areas which could include livestock pens and dog kennel runs.

Also note that parking a caravan in your garden is NOT 'development' in the first place.

Development not permitted

E.1 Development is not permitted by Class E if—

(a) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

Limitation E.1(a)

Note the use of the words "original dwellinghouse" in Limitation E.1(a), meaning that the ground area covered by any extension to the original will count towards the maximum allowed area.

(b) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;

Here, Limitation E.1(b) excludes any Class E development in, say, a front garden because its all likely to be forward of the principle elevation.

(c) the building would have more than one storey;

Limitation E.1(c) simply disallows any 'garden' building that's more than one storey.

(d) the height of the building, enclosure or container would exceed—

(i) 4 metres in the case of a building with a dual-pitched roof,

(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or

(iii) 3 metres in any other case;

Limitation E.1(d) : (i) & (iii) should be self-explanatory; (ii) means if ANY part of the building lies within 2 metres of the boundary NO part may exceed 2.5 metres in height.

(e) the height of the eaves of the building would exceed 2.5 metres;

Simply ensures that the eaves of any garden building are limited to a maximum height of 2.5m

(f) the building, enclosure, pool or container would be situated within the curtilage of a listed building;

Self explanatory

(g) it would include the construction or provision of a veranda, balcony or raised platform;

Limitation E.1(g), as with the similar limitations in the previous Classes, precludes verandahs, balconies and RAISED platforms.

BUT...it does NOT preclude building a deck PROVIDED its height above adjacent ground level does not exceed 300mm. This crucial little bit of information is tucked away in "Interpretation of Part 1" where it states that' "raised" in relation to a platform means a platform with a height greater than 300 millimetres'. Perfectly reasonable...but sloping gardens beware!!

(h) it relates to a dwelling or a microwave antenna; or

Limitation E.1(h) is a kind of 'for the avoidance of doubt' statement. So any new garden building must not of itself be a separate dwellinghouse.

And in relation to microwave antenna, because the GPDO defines the word "building" {in Article 1. (2)} as including "any structure or erection" it would theoretically be possible to construct a very large microwave antenna (satellite dish) under Class E if it were not excluded. NB: microwave antennae are permitted by Class H wherein their size, number and position are set out by Class H's limitations.

(i) the capacity of the container would exceed 3,500 litres.

Self explanatory.

E.2 In the case of any land within the curtilage of the dwellinghouse which is within—

(a) a World Heritage Site,

(b) a National Park,

(c) an area of outstanding natural beauty, or

(d) the Broads,

development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.

Note the absence of conservation areas in the list, meaning that houses with large enough gardens escape the effect of this limitation in conservation areas.

E.3 In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.

Unlike E.2, limitation E.3 refers to article 1(5) land and thus includes conservation areas. Note: any Class E development on any status of land (whether article 1(5) or not) is already excluded in a front garden forward of the front wall---see E.1(b).

Interpretation of Class E

E.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

Interpretation E.4 gives a generous definition of "purpose incidental to the enjoyment of the dwellinghouse as such", but its also tightly restricted to the "domestic needs or personal enjoyment of the occupants of the dwellinghouse". This latter part ensures that commercial activity is excluded.

 

Class F
Permitted development


F. Development consisting of—

(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or

(b) the replacement in whole or in part of such a surface.

Class F Introduction

This will typically be a patio, driveway, or path or any combination of them. Purpose and use must be genuinely "incidental to the enjoyment of the dwellinghouse as such"---i.e. NOT commercial. Class F itself is carried forward from the old reg's, but the new reg's introduce measures to mitigate the flooding that can be a result of surface water run-off from paved over front gardens.

Conditions

F.1 Development is permitted by Class F subject to the condition that where—

(a) the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and

Note the use of the words "...between a wall forming..." compared with Class E.1(b) which uses the words "...forward of a wall forming...". This implies that F.1(a) could only affect the front garden directly in line with the principal elevation of the house and would not cover any garden area to the side of the corner(s) of a principal elevation. Probably NOT what was meant, though.

(b) the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,

either the hard surface shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

Whether its better in any one case to use porous materials or to simply lay the hard surface to a fall to drain rainwater onto the 'soft' garden area will depend on site conditions, but clearly one or the other of these measures is needed to meet these conditions.

Class G
Permitted development


G. The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.

Class G specifically permits these items where they have been expressly excluded from other Classes of development.

Development not permitted

G.1 Development is not permitted by Class G if—

(a) the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more; or

(b) in the case of a dwellinghouse on article 1(5) land, the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which—

(i) fronts a highway, and

(ii) forms either the principal elevation or a side elevation of the dwellinghouse.

Here we find at G.1(a) that the height limit for any of these works is 1 metre above the ridge of the roof whatever the status of the land.

G.1(b)(i) & (ii) then place a greater restriction on the location (but not the height) of any of these works. So, on article 1(5) land they are not permitted on walls or roof slopes forming part of principal or side elevations but ONLY where these also front a highway.

So a house in a conservation area where, say, a side elevation does not front a highway will not be prevented from installing, say, a soil and vent pipe either on a wall or a roof which forms a side elevation.

 

Class H
Permitted development


H. The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

The text of Class H is the amended text first introduced by Statutory Instrument 2005 No 2935 which came into force in ENGLAND on the 25th November 2005. The amended text replaced the word "satellite" with the word "microwave".

Full guidance on microwave antennae is best obtained from a local installer who will know what is allowed and required in your particular location. The size required can vary across the country and may also depend on which satellite is being tuned into.

Basically, the regulations were up-dated to account for modern technology and changing needs in society. For example, when analogue TV is switched off soon, not all homes will be able to receive a terrestial digital TV signal and will need a "microwave antenna" to receive digital TV signals transmitted from a "satellite". This is one of the reasons the BBC and ITV got together to launch Freesat. Also, we understand that satellites can better cope with High Definition TV transmissions.

Summary of new regulations
* You are now allowed up to two antennae, one of which can be up to 100 centimetres and the other up to 60 centimetres.

* If you have a chimney, only antennae up to 60 centimetres can be installed on it and must be no higher than the top of it,
   or no more than 60 centimetres above the ridge tiles, whichever is the lower.

* If you don't have a chimney and you install the antenna on the roof, it must be no higher than the top of the roof.

* Within article 1(5) land areas, antennae are not permitted on a chimney, wall or roof slope which both faces onto and is visible from a road or a Broads waterway.

P.S. the word "both" does not appear in Limitations H.1(d)(i) & (ii) of the Order, but it DOES appear in paragraph 19. of Circular 10/2005 which notes that "The visibility requirement ensures that restrictions are not imposed unnecessarily".

Development not permitted

H.1 Development is not permitted by Class H if—

(a) it would result in the presence on the dwellinghouse or within its curtilage of—

(i) more than two antennas;

(ii) a single antenna exceeding 100 centimetres in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v) an antenna installed on a chimney, where the antenna would protrude above the chimney; or

(vi) an antenna with a cubic capacity in excess of 35 litres;

(b) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower; or

(d) in the case of article 1(5) land, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;

(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or

(iii) on a building which exceeds 15 metres in height.

Conditions

H.2 Development is permitted by Class H subject to the following conditions—

(a) an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and

(b) an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.

 

Interpretation of Class H

H.3 The relevant size criteria for the purposes of paragraph H.1(a)(iii) are that:

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

H.4 The length of the antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

Interpretation of Part 1

I. For the purposes of Part 1—

“raised” in relation to a platform means a platform with a height greater than 300 millimetres; and

“terrace house” means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where—
(a) it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or

(b) if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of sub-paragraph (a).”.

On the face of it, A.1(i)(i) and E.1(g) preclude "raised platforms" entirely--such as a deck, for example. The Interpretation above, however, makes it clear that a deck is not a "raised" platform if its height is no more than 300mm. And although its not mentioned, we can be pretty sure that the measurement would be taken from natural ground level adjacent to the platform at the point at which the platform is highest above that ground level.

: the definition of "terrace house" makes it clear that an 'end-terrace' is still a "terrace house" even though its attached on only one side. It is, therefore, NOT a 'semi-detached' house which would benefit from the larger Class B volume allowance of 50 cubic metres as opposed to the 40 cubic metres applicable to a "terrace house".

 
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