General Permitted Development Order 2008: Replacement Dwellings

• Posted by Karyn Middleton on 12th Jan ’09 at 13:35 GMT
• 3 comments

New regulations regarding permitted development rights for householders came into effect on 1 October 2008.

The regulations have relaxed the need for planning permission on certain householder developments, including extensions, loft conversions and garden buildings.

The new regulations are based on the ‘original house’ i.e. the house as first built, or as it stood before 1 July 1948, if it is an older property. The changes to permitted development allowances now permit a larger amount of householder development to take place without the need to apply for planning permission. Strict controls still apply to extensions to Listed Buildings.

Under the new regulations, householders are now able to extend their property to the rear or side ⁄ s, based on measurements of the original dwelling house, proximity to the boundaries and location of any surrounding highways.

For example, a single-storey rear extension to a terraced house has a maximum depth of three metres and for a detached house the maximum depth is four metres. Previous allowances were based upon the volume of the original house. As before, the development must also satisfy a number of other conditions, including the use of similar materials and obscure glazing on any upper-floor side-facing windows. It is also now possible to build a two storey extension at the rear, subject to various measurement restrictions, without needing planning permission.

The new permitted development rights also allow new driveways ⁄ parking areas over 5m² to be constructed without planning permission if constructed with permeable surfacing. This amendment aims to reduce surface water run-off and help to alleviate the risk of flooding.

Permitted development rights are restricted on listed buildings and on properties on ‘designated land’. i.e. Conservation Areas, Areas of Outstanding Natural Beauty and National Parks. As with the original regulations local authorities have retained the power to withdraw permitted development rights via Article 4 Direction. In all cases it is worth checking for any possible restrictions on your proposed development.

David Jones, Head of Planning services at Evans Jones LLP commented:

“Whilst the amendments are welcomed, interpreting the rules is likely to prove difficult; many of the definitions within the amendment order are open to interpretation which will cause confusion for both planning departments and home owners alike. The Government’s objective is to reduce the number of householder applications submitted to local authorities. In practice I consider the amendments will result in many more informal enquires to local authorities seeking a definitive answer as to what does and does not require consent. Most Local Authorities do not charge for answering householder enquiries, thus contrary to the Government’s objectives the workload of Local Authorities could increase, with no corresponding increase in application revenues. The amendments could well thus be counterproductive.

An additional perhaps unforeseen by-product of the amendments will be to increase the permissible size of replacement dwellings in rural areas. Property owners or their advisers should be able to argue that it is reasonable for local authorities to allow a replacement dwelling of a comparable size to the existing dwelling PLUS allowable extensions taking advantage of the GPDO amendments.”

The new permitted development rights may in the long-term reduce the workload of local authorities and save members of the public a large amount of time and money. It is however anticipated that a common understanding of the new permitted development right definitions will need to be defined by appeal inspectors and ⁄ or the courts. Home owners are advised to seek professional advice early to avoid costly problems further down the line.

For further information contact: David Jones 01242 531411 or email david.jones@evansjones.co.uk.