Permitted Development Rights and Prior Approval
The planning permission process can often be complex and time-consuming. However, there are certain rights and provisions that allow property owners to make specific changes to their properties without the need for a full planning application. These rights are known as "Permitted Development Rights," and they are subject to certain conditions and limitations. In some cases, you may also need to seek "Prior Approval" from the local planning authority. In this blog, we will explore what Permitted Development Rights and Prior Approval mean in the UK and how they can be applied to various property alterations and developments.
Permitted Development Rights, grant property owners the freedom to make certain changes to their properties without having to go through the full planning permission process. These rights were introduced to streamline minor developments and reduce the bureaucratic burden on homeowners.
Permitted Development Rights (PDR)
Types of Development: PDR applies to a range of property alterations, including extensions, loft conversions, and changes to the use of the property (e.g., from a shop to a restaurant).
Limitations: PDR comes with specific limitations and conditions, such as the size of the extension, the proximity to boundaries, and the materials used.
Conservation Areas and Listed Buildings: Properties in conservation areas and listed buildings often have stricter regulations, and PDR may not apply in some cases.
Local Authority Rules: Local authorities can implement "Article 4 Directions" to remove certain PDR, so it's essential to check with your local council.
Prior Approval
In some cases, even when Permitted Development Rights apply, property owners may need to seek "Prior Approval" from their local planning authority before proceeding with the proposed development. Prior Approval is essentially a streamlined version of the planning permission process that focuses on specific issues, such as the impact on neighbours, highways, and the environment. The most common example where Prior Approval may be required is Larger Home Extensions, though there are many other situations that require Prior Approval, such as change of use. For larger home extensions, the Planning Portal says the following;
“The ‘prior approval’ process only applies to single-storey rear extensions. This is defined as extending beyond the rear wall of the original house* by: over 4 metres and up to 8 metres for detached houses; and over 3 and up to 6 metres for all other houses.
If you wish to build an extension of this size, you must apply to the local authority, who will then consult the adjoining neighbours to advise them of your proposals.
If your neighbours raise any concerns or objections, the local authority will be required to determine if the proposal’s impact on the amenity of all adjoining properties is acceptable and, based on this, whether it can go ahead.” Source: https://www.planningportal.co.uk/permission/common-projects/extensions/prior-approval
Permitted Development Rights and Prior Approval are valuable tools that can save time and money for property owners in the UK. However, it's crucial to understand the specific rules and limitations that apply to your project and to consult with your local planning authority to ensure compliance. While these rights offer flexibility for many types of development, it is important to keep in mind that they may not be suitable for all projects. When you contact us, we will assess your proposed work and let you know whether it may fall under permitted development rights or prior approval. If you decide to build under Permitted Development Rights, we advise that you apply for a Lawful Development Certificate from the council, for your own peace of mind.