Permitted development or PD as it is sometimes known as, means you are able to perform certain types of work to your dwelling without needing to apply for planning permission. PD is granted by the government and not by your local authority and only applies to houses and not flats, maisonettes or other buildings. Commercial properties have different permitted development rights of dwellings. In certain areas of the country, known generally as ‘designated areas’ PD rights are restricted; this will mean that you would have to apply for planning permission for building work. There are also different requirements if the property is a listed building.
In some areas PD rights are withdrawn by your local planning authority, this can be for several reasons. This is done by issuing an ‘Article 4’ direction, works that would normally be covered by PD would have to be submitted to planning as an application. Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conversation areas.
Most PD rights are subject to conditions and limitations. Prior approval allows the Local Planning Authority to consider the proposals, their likely impacts in regard to certain factors (e.g. transport and highways) and how these may be mitigated.
In August 2021 changes in the legislation came into force that changed in a few specific circumstances would mean that previous eligible works that would have been classed as permitted development up to the end of July 2021, are no longer. The government has now implemented a provision that classifies these proposals as ‘protected development’ to ensure that for a further year, until the end of July 2022, they can continue to be considered eligible for permitted development rights. This is achieved by allowing ‘protected development’ proposals to utilise the legislation as it stood prior to the August 2021 changes. By doing so, it will allow these proposals to begin (or for relevant prior approval applications to be submitted) up to the end of July 2022, and be progressed to completion on that basis.
The Planning Portal content and application service will be updated to comply with the August 2021 permitted development changes. It is recommended you discuss your proposals with the Local Planning Authority, in this case, to confirm if the ‘protected development’ provision applies. If it does, an application for prior approval needs to be made.
Source – Planning Portal - October 2021We use cookies and similar technologies on our website to help provide you with the best possible online experience. By using this website, you agree that we may store and access cookies and similar technologies on your device. Find out more.