Frequently Asked Questions
Section 1. General FAQ's
Q. Do I need planning permission?
A. Probably, yes. But you've probably already got it. That's what permitted development is: the planning permission you've already got. This needs a bit more explaining. The starting point for whether or not planning permission is needed is the question "Is it development?". This is important: not all works or building operations are development in the first place. Section 55 (2) (a) of the Town & Country Planning Act 1990 states:
"The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
(a) the carrying out for the maintenance, improvement or other alteration of any building of works which—
(i) affect only the interior of the building, or
(ii) do not materially affect the external appearance of the building,"
The words in para's (i) & (ii) are self explanatory. An example of works falling under (ii) would be re-roofing your house with like-for-like materials. So replacing old, worn out blue/grey natural slates with new blue/grey natural slates is not "development" and therefore cannot require 'permission'. In short, its a repair. This is quite different in the eyes of the law from re-roofing your house with alternative materials. Such works ARE development, BUT are 'permitted development' under PART 1 Class C meaning that you already have planning permission to carry them out. Goverment Circular 9/95 states at para. 42
"Class C....would generally permit the replacement of a roof, irrespective of the materials used...".
This Q & A probably reads as a bit pedantic. However, it is important to distinguish between 'permitted development' and not being development in the first place. Unfortunately, the remark 'you don't need planning permission' is all too often used when what is actually meant is 'you've already got permission' by virtue of 'permitted development'. Most council and other web sites make this mistake. You'll frequently read phrases like 'you don't need planning permission for..." when what is meant is 'you don't need to APPLY for planning permission for ....'.
The distinction is not just important for the sake of accuracy and clarity: 'permitted development' is a set of RIGHTS conferred by law and endorsed by Parliament. We believe that it is strongly in the public interest that householders become aware of permitted development as an extensive set of rights. On the whole, councils don't want people to know about their rights because those rights empower individuals (collectively) and disempower planning departments.
Its sad, but true, that many householders get bounced into making planning applications when they didn't need to. This is often true even if you use an agent. Many's the time when a householder's preferred scheme is amended out of all recognition (under 'threat' of refusal if you don't go along with the 'required' amendments) under a planning application. Just imagine finding out after building that amended scheme that you could have had all along the scheme you preferred in the first place. And probably in a fraction of the time and at a fraction of the cost.
Its doubtful that there's a single architect, agent, draughtsman or plan technician in the country who has not come across a planning department trying to generate an unnecessary planning application. Such attempts usually take the form of saying that, well yes, there are certain things you can do without applying for permission, but its all, well, you know...a bit complicated---better put in an application just in case. Here's a quote that pretty much sums it up:
"When I first started work in a planning department some 40 years or so ago, I remember being told that whatever question a member of the public might ask, the answer is that they need planning permission. I didn’t agree with that then so left after a couple of years…and I still don’t agree now." (Rob Nimmo, posted on the Director's Blog, Planning Portal, March 20th 2009).
Frightening, isn't it? That's why householders NEED a 3D Guide for their house: not because we advocate avoiding talking to your local planning department, but because we think you should do so from an informed position.
Q. How old is permitted development?
A. Over 60 years old. The very first householder General Development Order (GDO) was Statutory Instrument No 958 from 1948. It granted permitted development rights for outbuildings only, not any alterations or extensions to the house itself. The first GDO to grant rights to extend the house itself was SI No 728 in 1950.
Q. What is the purpose of permitted development?
A. The best answer to this question can be found in a Ministry of Town & Country Planning document from 1950 called a Circular. Circular 87, paragraph 4 states: "....to remove from the need to obtain express planning permission a number of minor applications which have so far occupied an amount of time and manpower out of all propertion to their importance to planning." The purpose remains the same today, although it might usefully be described these days as for granting general permission for development which would otherwise be routinely granted permission anyway were an application to be made for it. However, it's still the case that the purpose is to free up council planning department resources so that they can concentrate on more significant matters. Indeed, it was with that purpose in mind that the government embarked on reform of the system with a series of consultations which led, in turn, to the new rules introduced on the 1st October 2008 in the form of Statutory Instrument 2008 No 2362
Q. When were fees for planning applications first introduced?
A. They were introduced in 1981. When the 1947 Town & Country Planning Act removed development rights it was felt at the time that this removal was in itself bad enough but that to then charge people to apply for permission would have been beyond the pale. It's now become difficult to even get 'pre-application advice' without being charged for it.
Q. Why don't you have 3D Guides for newer houses.
A. In most cases of houses built in the last two or three decades, most permitted development rights will have been removed by a condition of the original planning permission for the house. Since these houses have few, if any permitted development rights there's no point in having 3D Guides to illustrate them.
Q. Can I convert a separate garage into living accommodation?
A. The quick answer is yes BUT it depends on the use it would be put to. Extreme caution is needed on this topic because its fraught with difficulties. It absolutely must NOT become a separate dwelling, nor be used as residential accommodation which is not directly associated with the main house. So a converted separate garage which comprises, say, a bedroom and bathroom but no kitchen and is occupied by a member of the same family occupying the main house and whereby those occupying the garage eat their main meals in the main house with their family---is probably lawful. See this appeal decision which actually concerned two caravans as opposed to a garage, but its clear that THE USE to which the accommodation is put is usually determinative.
Q. Can I convert an integral garage into living accommodation?
A. Yes, normally. The space inside the garage is regarded as already being part of the house and any works to convert it are 'internal' works which don't amount to 'development' in the first place. Changing the garage doors to walls and windows would be 'development' but would normally be 'permitted development' under PART 1, Class A of the GDPO. If you simply left the garage doors in place and built a wall (and windows) inside, that would not be 'development' as it would not result in a material change to the external apperance under s55 of the T&CPA.
Q. Does my house have permitted development rights?
A. By default, most houses in the UK do have permitted development (PD) rights. England, Wales, Scotland and Northern Ireland all work to different rules (though they're all similar). Wales used to work to the same rules as England until the 1st October 2008. On that date new rules came into force in England but Wales---so far---has kept the old shared rules. The government estimates that 16.8 million homes in ENGLAND have permitted development rights. Designated areas like Conservation Areas, National Parks etc have their rights more restricted than ordinary areas. Article 4 areas are further restricted again. BUT HOW OLD IS YOUR HOUSE? Most new houses built in the last two decades will have had their PD rights routinely removed by a condition attached to the original planning permission for the house. If your house has had its PD rights removed you can apply to the council for removal of the condition. They'll almost certainly refuse such an application so you're likely to end up going to appeal to the Planning Inspectorate.
Q. How do I obtain permitted development?
A. You don't! The term 'permitted development' came into being when the first General Development Orders were introduced in 1949. It just refers to development which is permitted (currently) by Article 3---(1) of the General Permitted Development Order 1995. Basically, your house will either benefit from the so called permitted development (PD) rights set out in the Order---and most houses in England do---or it won't! There are a number of ways in which your PD rights may have been restricted or extinguished entirely. Some of these are, for example, restrictions arising from being in a designated area like a conservation area (though these have only very minor effects on your PD rights); or conditions imposed by a council when planning permission was originally granted for the house (usually only newer properties are affected by this); or listed buildings. Sometimes, councils will impose conditions restricting PD rights when granting permission for, say, a new extension. See also "What is Article 4? What is an Article 4 Direction?"
Q. What is a Lawful Development Certificate?
A. There are two types of Lawful Development Certificate (LDC): one for existing use or development and one for proposed use or development, the latter normally being the more important for householders. Its full 'name' is a "Certificate of Lawfulness of Proposed Use or Development" (CLOPUD). A CLOPUD is conclusive as to the lawfulness of the matters to which it relates. These days, most agents advise householders to obtain a CLOPUD type LDC before embarking on a major project in order to be certain that the project is safe and immune from council enforcement action. LDC's are issued (or refused) on application to your local council on payment of a fee of half the normal planning application fee (i.e. half of £150 = £75). Well worth the money these days. Read more about them in our article on the subject here.
Q. How easy is it to get a lawful development certificate?
A. See also "What is a Lawful Development Certificate (LDC)?" See our webpage here for comments on LDC's
Q. What are permitted development appeals?
A. Appeals made to the Planning Inspectorate against a refusal by a local authority to issue a lawful development certificate confirming that either existing or proposed works amount to permitted development. See here also.
Q. What is a planning appeal decision letter?
A. The letter issued by a planning inspector appointed by the Secretary of State to conduct an appeal on his/her behalf.
Q. What is article 1(5) land?
A. Land within any of the following areas:
(a) a National Park;
(b) an area of outstanding natural beauty (AONB)
(c) conservation areas
(d) areas of Special Scientific Interest (SSI's)
(e) the Broads
(f) World Heritage Sites
Q. What is an article 4 direction?
A. A direction which restricts (but does not entirely extinguish) permitted development rights. See here.
Q. What is permitted development in an area of article 4 direction?
A. Permitted development rights in an area designated as article 4 are more restricted than elswhere. See our page on article 4 directions here.
Section 2. FAQ's specific to parts of the regulations
Q. What does 'principal elevation' mean?
A. The term 'principle elevation' was introduced into the 2008 permitted development regulations by Statutory Instrument 2008 No 675----microgeneration---which came into force on the 6th April 2008. However, it attracted little attention until it appeared in the so called new regulations which came into force via SI 2008 No 2362 on the 1st October 2008. Since then, there has been much discussion and argument as to the meaning of the phrase 'principal elevation'. There seems to be a consensus emerging confirming the obvious: that it means the main, public, usually but not necessarily front wall, often but not necessarily, containing the main entrance/front door to the house. It will often, normally also 'front' a road, BUT, a 'principal elevation' is NOT defined as such by it fronting a highway even if it usually does. e.g. a house on a corner may have a very obviously front, 'principal elevation' fronting a street along with its neighbours and a 'side elevation' fronting the other street on the corner. In such a case the 'side elevation' is not a 'principal elevation' just because it fronts the road at the side. The government have expressed the view that although it is theoretically not impossible for a house to have more than one 'principal elevation' this will be very rare.
Q. What does 'side elevation' mean?
A. See above. 'Side elevation' would normally mean an elevation (walls and roof) which connects the 'principle elevation' and the main rear wall(s) of the house. If there's an elevation which is obviously a 'principal elevation' it should be easy to determine which is the 'side elevation(s)'.
Q. What does 'rear wall' mean?
A. Usually it will be the wall of the house which is opposite to the 'principal elevation' and connected to that by 'side elevation'. However, a house can have more than one 'rear wall'. e.g. period terrace and semi-detached houses were usually built with a 2-storey rear wing projecting from the main rear wall. Such properties will have two 'rear walls': the main rear wall from which the rear wing projects and the rear wall of the rear wing itself. Central staircase terrace houses (where the stairs run up the middle of the house in line with the ridge) whose orginal rear wings were single storey, will still have two 'rear walls': those of the main wall and the rear wall of the wing.
Q. What is a hip-to-gable enlargement?
A. A hip-to-gable enlargement is commonly where the side roof slope of a semi-detached house is replaced by a gable-end. This sort of work is usually carried out in order to create headroom for a new stairway to afford access to a roof conversion. By turning the hip into a gable, a new staircase can be positioned over an existing staircase and thus avoid loss of floor space from somewhere else in the house.
Q. What does 'curtilage' mean.
A. It can be very tricky, this one. For most of us with ordinary, popular houses the 'curtilage' will be the same as the garden and we shouldn't give it any more thought. However, very large gardens may not all be 'curtilage', especially if its also a large house. In such cases it might be that the 'curtilage' itself is confined to a smaller area immediately and more intimately surrounding the house itself, particularly if there are some walls, fences, hedges or other landscape features demarcating such an area around the house.
Q. What is meant by 'eaves'?
A. The eaves are the lowest edge of a roof. (from Middle English "eves"; from Old English "efes") In the 2009 permitted develoment regulations Limitations A.1(c); A.1(g) & E.1(e) are concerned with the HEIGHT of 'eaves'. As such they should be measured to the highest point of the 'eaves' and this will be the actual edge of the tiles or slates themselves. Any facia boards or soffits should probably be ignored as they just make it more difficult to measure to. Also, not all 'eaves' have any facia boards or soffit at all.
Q. How much can eaves overhang?
A. The permitted development regulations do not specify how much eaves can overhang. A good reference point, however, would be the eaves on the existing house. The depth of eaves contributes to the overall character of the house and its usually better to follow what's already there. Having said that, a single storey extension would not be radically out of character if its eaves differed. Indeed, on houses which have quite deep overhangs on the main roof it may be better not the match that depth on a single storey extension.
Q. What is a stepped rear wall?
A. The phrase 'stepped rear wall' refers to house types built (usually originally) with a projecting rear wing. In which case for the purposes of Class A development means that there are two (or possibly more) rear walls which can be extended from by the relevant allowances given in limitation A.1(e) & (f).
Q. What is a wrap around extension?
A. A wrap around extension is where a 'side extension' and 'rear extension' come together on a corner to wrap around that corner. The arrangement creates more space than would result from separate extensions to the side and rear, and is usually more cost effective to build. Its also better for insulation and thus energy savings. Note: its not possible to build 'wrap arounds' round the corner of a rear wing. See What is a stepped rear wall?
Q. What does terrace house mean?
A. The term "terrace house" is defined in the regulations as meaning: " a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as a single dwellings where----
(a) it shares a party wall with, or has a main wall adjoining the main wall of, the dwllinghouse 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 requirments of sub-paragraph (a).
Q. What is a verge?
A. The sloping edge of a roof. (From the Latin word "verger" meaning to incline) The edge of a roof which typically forms the edges of a gable and may or may not sit on a barge board (the sloping equivalent of a horizontal facia board). To a roofer, the verge will mean just the actual tiles or slates themselves forming the edge of the roof covering rather than the whole assembly of verge tiles/slates and any barge board and soffit.
Q. What does 'original' mean?
A. "original" means, in relation to a building existing on the 1st July 1948, as existing on that date and in relation to a building built on or after 1st July 1948, as so built. From article 1(2)
Q. What does 'existing' mean?
A. "existing" in relation to any building or any plant or machinery or any use, means (except in the definition of "original") means exsting immediately before the carrying out, in relation to that building, plant, machinery or use, of development described in this Order. From article 1(2)
Q. What does 'dwellinghouse' mean?
A. "dwellinghouse" is not defined positively. Article 1(2) says what its not: "dwellinghouse does not include a building containing one or more flats, or a flat contained within such a building."
Q. What does 'height' mean?
A. From article 1(2): "Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph "ground level" means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.
Q. Where is height measured from?
A. See "What does 'height' mean?"
Q. What does ground level mean?
A. "...the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it." This is a shortened version of the definition found in Article 1(3) (See What does 'height' mean?) It's taken from PART 33, A.3 Interpretation of Class A.
Q. What does cubic content mean?
A. "cubic content" means the cubic content of a structure or building measured externally" states article 1(2)
Q. What does open space mean?
A. "open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;. from TCPA 1990 s336(1)
Q. What is a porch?
A. For the purposes of Class D of the 2008 permitted develoment regulations a porch is a structure OUTSIDE ANY EXTERNAL DOOR OF A DWELLINGHOUSE and which falls within the dimension limits set out in Class D, D.1(a)(b) & (c). Note the word EXTERNAL meaning that if a porch is constructed outside the external door and that door is subsequently removed, the structure ceases to be a 'porch' because it would not longer be outside the EXTERNAL door.
Q. What is a hip-to-gable enlargement?
A. A hip-to-gable enlargement refers to the removal of the side roof slope, including the 'eaves' and its replacement with a full gable end, normally whereby the new roof slopes thus formed are co-planer with the existing front and back roof slopes. A hip-to-gable enlargement can thus be distinguished from, say, a dormer-on-hip enlargement whereby the eaves and hips usually remain in place and the dormer emerges through the side roof slope itself.
Q. What is the meaning of highway for permitted development rights?
A. The term "highway" is not specifically defined for permitted development, but it will generally mean a 'way' over which the public have a right to pass and re-pass and will include footpaths, bridleways, ordinary roads and 'footways' (pavements). See here also.
