From 1st October 2008 the planning rules relating to extending residential properties have changed.
Permitted development rights for householders remove the need to apply for planning permission for relatively small-scale and uncontentious types of home improvement and alteration. The Government considered that the current permitted development rights needed review to ensure the scope of permitted development is primarily determined by its impact on others, give householders greater freedom to extend their properties without needing them to apply for planning permission and reduce the burden on local planning authorities by removing unnecessary planning applications from the system. Flats do not benefit from permitted development rights
The new rules will increase the amount of work that can be done without having to apply for planning permission by allowing certain types of uncontentious development to proceed. For example, previously if a home had already been extended in one way, say at roof level, an application would be required for a subsequent ground floor extension as the earlier development would have used up most or whole of the allowance. The new regime will provide separate permitted development rights for these two types of extension.
The new rules will not allow everything to proceed where it previously could have done because there are now clear limits and conditions as to what is permitted development. Any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse must now be obscure-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
These will not though prevent people building an extension or an outbuilding; they will simply ensure that they are built in a way that does not impact significantly on others
Paving of Front Gardens:
One of new changes has come about in the light of concerns that the floods of summer 2007 were in part the result of surface water run-off building up in paved areas. The permitted development rights have been framed so that a surface installed to the front of the property should not, in itself, lead to surface water run-off. This can be achieved by the use of porous materials or by using more "traditional" materials and ensuring that any run-off is directed to an area that allows the water to drain away naturally, for example, a garden border. The restriction applies to any installed area of more than 5m2.
Chimneys, Flues and Soil and Vent Pipes:
The Order inserts a new Class into the GPDO to make the installation, alteration or replacement of chimneys, flues and soil and vent pipes permitted development subject to them being less than 1m above the highest part of the roof. In addition, they will not be permitted development on a principal or side elevation on article 1(5) land. This is a technical change to ensure that minor types of development do not require an application for planning permission simply because they project slightly above a ridge. It is also considered to be sensible given that it may be necessary for them to be installed in this way to comply with the requirements in the Building Regulations.
Previously cubic content was important in determining if planning permission was required for all extensions to a dwelling but as from 1st October it is only taken into account in relation to alterations to the roof of the property. However the position of the extension in relation to the elevations of the property fronting onto highways remains
The new main changes to determining whether planning permission is required are now the height of the extension in relation to the boundary of the site, eaves and roof limitations and the area of the of the land around the "original house" and whether more than half the area of land around the "original house"* would be covered by additions or other buildings.
The GPDO confers a more restricted set of permitted development rights in relation to development within sensitive areas (known as "article 1(5) land"). The Order also adds World Heritage Sites to the list of article 1(5) land.
A SUMMARY OF THE LIMITS AND CONDITIONS
Class A - Extensions & Improvements
Permitted development subject to the following limits and conditions:
? No extension forward of the principal elevation or side elevation fronting a highway.
? No extension to be higher than the highest part of the roof.
? Maximum depth of a single storey rear extension of three metres for an attached house and four metres for a detached house.
? Maximum depth of a rear extension of more than one storey of three metres including ground floor.
? On article 1(5) land no permitted development for rear extensions of more than one storey.
? Maximum eaves height of extension three metres within two metres of boundary.
? Maximum eaves and ridge height of extension no higher than existing house.
? Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
? Two storey extensions no closer than seven metres to rear boundary.
? Roof pitch of extensions higher than one storey to match existing house.
? Materials to be similar in appearance to the existing house.
? No verandas, balconies or raised platforms.
? Any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse must now be obscure-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
? On article 1(5) land no cladding of the exterior.
? On article 1(5) land no side extensions.
Class B - Roof Extensions
Permitted development subject to the following limits and conditions:
? A volume allowance of 40 cubic metres for terraced houses
? A volume allowance of 50 cubic metres for detached and semi-detached houses.
? No extension beyond the plane of the existing roof slope facing onto and visible from the highway.
? No extension to be higher than the highest part of the roof.
? Materials to be similar in appearance to the existing house.
? No verandas, balconies or raised platforms.
? Side facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
? Roof extensions not to be permitted development in designated areas.
? Extensions to be set back, as far as practicable, at least 20 cm from the eaves
Class C - Roof Alterations
Permitted development subject to the following limits and conditions:
? Any alteration to project no more than 150 millimetres from the existing roof plane.
? No alteration to be higher than the highest part of the roof.
? Side facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
Class D - Porches
No change to existing permitted development limits.
Class E - Outbuildings, Enclosures, Swimming Pools and Oil and Gas Containers
Permitted development subject to the following limits and conditions:
? No building, enclosure, pool or container forward of the principal elevation fronting a highway.
? Buildings to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
? Maximum height 2.5 metres within two metres of a boundary.
? No verandas, balconies or raised platforms.
? Maximum 50% coverage of garden.
? In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers or pools more than 20 metres from house to be limited to 10 metres2.
? On article 1(5) land, buildings, enclosures, containers or pools at the side of properties will require planning permission.
? Within the curtilage of listed buildings any outbuilding will require planning permission.
Class F - Hard Surfaces
Permitted Development subject to:
? Any surface installed in the front garden of more than 5m2 to be either porous or to run-off to a porous or permeable surface.
Class G - Chimneys, Flues and Soil and Vent Pipes
Permitted Development subject to:
? The height being less than 1m above the highest part of the roof.
? On article 1(5) land no installation on the principal or a side elevation that fronts a highway.
Class H - Microwave Antenna
No change to existing permitted development.
Part 40, Class G
Solar panels are now permitted development on a principal or side elevation visible from a highway in conservation areas and World Heritage Sites.
Further information about the need for planning permission can be found by following the links on this page and by contacting development.control@stockton.gov.uk or telephoning 01642526022
We have listed a few Frequently Asked Questions received by the Planning department in the column on the right to help with your enquiries. Alternatively, the advice may be downloaded in Adobe PDF format below if you would prefer a paper copy. The same leaflets are available from Planning Reception, Gloucester House, Church Road, Stockton.
These leaflets cover the most common questions, however for more in-depth information, please use the Planning Portal website which includes details on all aspects of the Planning System, including a thorough explanation of your Permitted Development Rights. Follow the Planning Portal link on the left.
Finally, the Planning Service operates a One Stop Shop enquiry service which will give an informal detailed opinion on your proposed development for free. This will allow you to assess a development's potential without having to submit a formal planning application. Please follow the blue link on the left hand side for more information about this service.
