Permitted development rights in the UK offer developers and homeowners a straightforward way to carry out certain building projects without needing full planning permission. However, The Town and Country Planning (General Permitted Development) (England) Order 2015—which sets out permitted development rules—is a labyrinthine document. In addition to knowing the exact class of the property you want to develop, you also need to ensure your project meets specific conditions. So, even if your project qualifies as permitted development and approval is not needed, you might still want your local authority to review your project details. Known as Prior Approval, this is just one step you can take to ensure compliance with local regulations.
Understanding Permitted Development Rights and Approval
Permitted development rights are established rules that allow specific building works and changes to go ahead without needing full planning permission. Common projects that fall under permitted development rights include extensions, loft conversions, garage transformations, and certain home improvements. In some instances, it even applies to the demolition of an existing dwellinghouse and construction of multiple new dwellinghouses in its place.
It’s worth noting that not all properties benefit from these rights. Properties in designated areas like conservation zones, or listed properties, and properties built before 1948 will either require full planning permission or have more restrictions limiting the scale of development. The rules that govern permitted development rights are established by the national government, and while they give flexibility, local councils can still set their own regulations.
Step 1: Review Project Eligibility for Permitted Development
Before beginning any work, verify that your planned project falls under permitted development rights. Use resources such as the Planning Portal to understand the parameters of permitted development rights, and keep in mind that project details such as size, location, and intended use will affect eligibility. For example, there are strict rules around height, distance from boundaries, and impact on neighbours.
For projects that push the boundaries of permitted development rights, Prior Approval is an advisable step. Even though it’s not mandatory in all cases, Prior Approval can give peace of mind that the local authority is aware of the project and that it meets all legal requirements.
Step 2: Determine If Prior Approval is Required
Certain types of permitted developments, especially larger home extensions and specific types of conversions, may require Prior Approval. Local authorities may limit or restrict permitted developments through Local Plan policies and Article 4 Directions (A4D). This is particularly common in conservation areas and areas of public interest. Use the Planning Portal to find the planning and building control website for your local council. This should provide information on when Prior Approval or full planning permission is needed.
Step 3: Submit a Prior Approval Application if Needed
If your project requires Prior Approval—or you would prefer getting permitted development approval—you’ll need to submit an application to the local authority, outlining details such as the design, materials, and dimensions. This can be done by accessing your local authority’s planning and building control website. This step usually involves a small fee and a waiting period of up to 8 weeks. A Prior Approval application undergoes less rigorous assessment than a full planning permission application. Local authorities assess your plans against the rules under both permitted development rights and local plans that alter what is allowed.
Always include clear and accurate plans and measurements. This ensures there are no delays in processing the application due to missing information. Where information is lacking, your local council might ask for it, but they could also reject your application. If the application is approved, you can proceed with the confidence that your project meets local requirements.
Step 4: Monitor Compliance Throughout the Project
Even with Prior Approval, staying within approved parameters is essential. For instance, ensure that extensions don’t exceed approved heights or distances and that any conditions specified by the council are adhered to. Regularly checking progress and keeping detailed records helps avoid misunderstandings and ensures compliance with the agreed plan.
If changes need to be made after Prior Approval has been granted, reach out to the local council for guidance. In some cases, a minor amendment application may be required to keep your project compliant.
Streamlining Your Compliance with Digital Tools
Digital tools, such as Archistar’s eCheck, can simplify the process of navigating local regulations by quickly determining whether a project requires Prior Approval and identifying potential issues with compliance. These tools offer property developers a straightforward approach to compliance, ensuring they can move forward with confidence. If your local authority hasn’t yet implemented an online application process, they can request a demo of eCheck to see how it will benefit them and all developers, not just those looking for Prior Approval.
Understanding and complying with permitted development approval requirements streamlines projects and reduces the likelihood of delays or disputes. Following these steps—reviewing eligibility, confirming Prior Approval, submitting accurate applications, and monitoring compliance—you can make the most of permitted development rights and enjoy a smoother project from start to finish.
