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Planning Approval

 

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Do you need planning permission ? Driveways
Some of the new changes include Chimneys, Soil and Vent Pipes
Extensions and Additions to Dwellings Satellite Dishes
Roof Extensions and Alterations Domestic Wind Turbines
Construction of a Porch Walls, Fences and Gates
Buildings/Enclosures Within The Curtilage Of A Dwelling Enforcement

Do you need planning permission ?

Changes to permitted development which apply to both family dwellings and flats.

Major changes to the planning rules which control the sizes & positions of extensions to residential properties, the sizes & locations of detached buildings within gardens and the construction of hard surfaces such as driveways take effect on 1st October 2008. In general the new rules provide more scope for building extensions without the need to obtain planning permission but the separate requirements to comply with the Building Regulations continue to apply as before. The rules about tarmacing & paving of drives have been made more restrictive than previously in order to reduce flood risk.

A summary of the changes is set out within the links below and within the planning portal pages. Click on the headings shown to access the changes in brief. New leaflets explaining them in full will be available soon. As they are fairly complicated our advice is to speak to a planning officer giving full details of your proposals before having any plans drawn. (Back to top)

Some of the new changes include:-

a) Solar panels or solar thermal equipment installed on dwellings or buildings within the curtilage of dwellings:-

• Projecting no more than 200mm beyond the plane of the wall or roof slope.
• Not above the highest part of the roof (excluding chimney).
• In conservation areas, not on wall or roof slopes forming principal or side elevations visible from highways or on wall or roof slopes of buildings within the curtilage visible from highways.
• Not on listed buildings or buildings within the curtilage of listed buildings.

b) Standalone Solar panels within the curtilage of dwelling houses:-

• No higher than 4m above ground level.
• In conservation areas, not visible from the highway.
• Not within 5m of a boundary.
• Not within the curtilage of a listed building.
• Surface area not to exceed 9²m with any individual dimension not exceeding 3m.

c) Ground source - heat pumps within a curtilage of a dwelling.

d) Water source - heat pumps within the curtilage of a dwelling.

e) Flues for biomass Heating :-

• No higher than 1m above the highest part of a roof.
• In conservation areas, not on a wall or roof slope forming a principal or side elevation visible from a highway.

f) Flues forming part of combined heat and power systems -

•Permitted development requirements the same as Category (Back to top)

Extensions and Additions to Dwellings

Extending and Altering Your Home

Extensions and Alterations to Dwellings (excluding Extensions and Alterations to the Roof)

Are permitted subject to the following restrictions:-

• No more than 50% of the curtilage excluding the ground area of the **original dwelling** to be covered by buildings.
• Extension no higher than highest part of the existing roof.
• Extension eaves no higher than the height of the existing eaves.
• Not extending beyond the wall which fronts a highway and forms a principal or side elevation of the original dwelling.
• Single storey additions not to extend beyond the rear wall of the original dwelling by more than 4 m for a completely detached property or 3 m for other dwellings nor to exceed 4m in height. Other dwellings are classed as link detached, semi detached, terraced.
• Two or more storey additions not to extend beyond the rear wall by more than 3 m or be within 7 m of any boundary of the curtilage opposite the rear wall.
• Extensions within 2 m of a boundary of a curtilage not to have eaves exceeding 3 m in height.
• Side extensions not to exceed 4 m in height be more than one storey and be more than half the width of the original dwelling.
• Must not include verandas, balconies or raised platforms.

In the Area of Outstanding Natural Beauty and Conservation Areas the following additional restrictions apply:-

• No cladding or rendering.
• No side extensions.
• No two storey extensions.

Conditions applicable in all cases are:-

• External materials (other than conservatories) must be similar in appearance to the existing.
• Any upper floor windows in side elevations must be obscure glazed with no opening parts 1.7 m or less in height above internal floor height.
• Two or more storey extensions shall as far as practicable have the same roof pitch as the original.

**The term "Original Dwelling" means the house as it was first built. You need to be aware that although you may not have built an extension to the house, a previous owner may have done so which would be classed as an extension to the dwelling.** (Back to top)

Roof Extensions and Alterations

Altering Your Roof Which Includes Loft Conversions/Adding a Dormer

These are permitted subject to the following restrictions:-

• No higher than the highest part of the existing roof.
• No extension beyond the plane of the existing roof slope which forms a principal elevation and fronts a highway.
• Cubic content not to increase by more than 40 m³ in the case of a terraced house or 50 m³ in other cases.
• No verandas, balconies or raised platforms.
• No chimneys, flues or soil and vent pipes.

In Areas of Natural Beauty and Conservation Areas no roof extensions or alterations within this section are allowed.

Conditions applicable in all cases:-

• External materials used must be similar in appearance to the existing.
• Other than hipped gable enlargements the edge of the extension closest to the eaves shall be as far as practicable no less than 200 mm from the original eaves.
• Side facing windows to be obscure glazed with no opening 1.7 m or less above the height of the existing internal floor.

Any Other Alterations to the Roof of the Dwelling House

The following alterations are permitted:-

• Up to a maximum of 150 mm beyond the plane of the existing roof.
• No higher than the highest part of the existing roof.
• No chimney flue, soil or vent pipe.
• No solar photovoltaic or solar thermal equipment (this is dealt with elsewhere - see Annex A).

Conditions:-

• The side facing windows to be obscure glazed with no opening 1.7 m or less than existing internal floor level. (Back to top)

Construction of a Porch

Adding a Porch or Canopy outside any External Door of a Dwelling

This is permitted subject to:-

• Ground floor area not exceeding 3 m².
• Height not exceeding 3 m above ground level.
• No part within 2 m of a highway.
(This provision has not changed from the 1995 Order).

Adding a canopy to a property still requires consent if the canopy fronts a highway. (Back to top)

Buildings/Enclosures Within The Curtilage Of A Dwelling

Rules governing outbuildings apply to sheds, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structures.

These buildings and structures are permitted subject to the following restrictions:-

• Total area covered must not exceed 50% of the curtilage excluding the ground area of the original dwelling.
• Not forward of a wall forming a principal elevation of the original dwelling.
• Single storey only.
• No higher than 4 m with a dual pitched roof.
• No higher than 2.5 m if within 2 m of boundary of the curtilage.
• No higher than 3 m in any other case.
• Eaves not to exceed 2.5 m.
• Not within the curtilage of a Listed Building.
• No verandas, balconies or raised platforms.
• No dwelling.
• No microwave antennae(satelite dishes).
• Fuel container not to hold more than 3,500 litres.

None of these items are permitted within the Area of Outstanding Natural Beauty if the total ground area covered situated more than 20 m from any wall of the dwelling would exceed 10 m².

In Areas of Natural Beauty and Conservation Areas no development between the side elevation of the dwelling and the boundary of the curtilage.
This class includes buildings for the keeping of poultry, bees, pet animals, birds or other livestock for domestic needs or personal enjoyment of occupants as it did previously.
(Back to top)

Driveways

Paving/Hard Surfacing Your Front Garden

You will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing such as gravel, permeable concrete blocks, paving or porous asphalt, or if the rainwater is directed to a lawn or border to drain naturally or drainage is installed to link up to a soakaway within the curtilage of the dwelling however, planning permission will be required if the surface to be covered is situated between the principal elevation and a highway,covers more than 5 square metres and the materials used are impermeable (non porous) so that they do not control rainwater running off into the roads.

For driveways that do need consent our householder application forms will need to be completed and submitted with the appropriate fee. (Back to top)

Chimneys, Soil and Vent Pipes

Works to Chimney Flues, Soil and Vent Pipes

Permitted with the following restrictions:-

• No higher than more than 1 m above the highest part of the roof.
• In Areas of Natural Beauty and Conservation Areas not on a roof slope fronting a highway which is a principal elevation or side elevation of the dwelling.
(Back to top)

Satellite Dishes

Works to allow Satellite Dishes

These are permitted subject to the following restrictions:-

• No more than 2 on the dwelling or within its curtilage.
• One single antenna not to exceed 1000 mm in length.
• A second antenna not to exceed 600 mm in diameter.
• If on a chimney not to exceed 600 mm in length not above the height of the chimney.
• Cubic capacity not to exceed 35 m.
• If on the roof without a chimney no higher than the highest part of the roof.
• If on a roof with a chimney no higher than the highest part of the chimney or 600 mm above the highest part of the roof excluding the chimney whichever is the lower.
• In Areas of Natural Beauty and Conservation Areas not on a chimney or a roof slope which faces onto and is visible from the highway.
• Not on a building exceeding 15 m in height.

Conditions:-

•Must be sited to minimise effect on external appearance and must be removed when no longer needed.
•The measurement of the antenna is to be taken in any direction excluding any projecting feed element reinforcing rim mounting or brackets.
(Back to top)

Domestic Wind Turbines

Installing Domestic Wind Turbines

There are no 'permitted development' allowances for these structures which will in almost all cases need to be the subject of a planning application for wind turbines installed on or around your house. (Back to top)

Walls, Fences and Gates

Adding or changing Walls, Gates and Fences

There are no changes to the 'permitted development' provisions on walls, fences, gates or other means of enclosure which allow up to 2m above ground level in most situations, but a maximum of 1m adjoining a highway used by vehicular traffic and no development within the curtilage of or on the boundary of a listed building.

In brief details are as follows:-

• You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:
• it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway);
• or over 2 metres high elsewhere;
• or your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition;
• or your house is a listed building or in the curtilage of a listed building.
• the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter or improve an existing fence, wall or gate if you don't increase its height.
In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate.

You do not need planning permission for hedges as such, though if a planning condition or a covenant restricts planting (for example, on "open plan" estates, or where a driver's sight line could be blocked) you may need planning permission and/or other consent.

If you are unsure whether planning permission is required to cover what you wish to do, you may wish to contact us or discuss your proposals with the planning department of your council. (Back to top)

Enforcement

If you go ahead with your development without the required permission, the local council that is the planning authority for your area may ask you to make a retrospective planning application.

If it decides that permission should not be granted it may require you to put things back as they were. You can appeal but if the verdict comes out against you and you still refuse to comply you may be prosecuted. (Back to top)

 

 

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