Maximise the potential value of your home with changes to Permitted Development Rights

New legislation governing permitted development for planning purposes came into effect 15th April 2015.

This new order has de-cluttered the various rules, regulations and guidance contained in the 1995 Order and subsequent amendments, relating to what type of works to a property is permitted without the requirement for applying for and obtaining written planning permission.

The new General Permitted Development Order affects England only; the 1995 Order remains in effect in Wales.

The new Order confirms:

  1. The relaxed rules as to extensions relating to permitted development to residential dwellinghouses have been extended until 2019, rather than 2016 as with the 1995 Order.  This gives an extra 3 years for house owners to carry out extensions without having to apply for full planning permission.  Works must be completed before 30th May 2019.
  2. For non-residential properties there is no time limit, the relaxed rules are now permanent.
  3. New changes of use are now permitted without planning permission being required, for example:
    1. Converting a shop, betting office or pay day loan centre to financial or business offices;
    2. Converting a casino or amusement arcade to a domestic dwelling;
    3. Converting storage premises to a domestic dwelling.

Please do note that the relaxed rules relate to planning permission only for properties that are not listed or in a conservation area.  You must always correspond with the Building Control department and make application for Building Regulations approval and completion certificates for structural works and certain non-structural works.

In addition, you must consult with the Listed Building Officer and/or Conservation Officer if your property is listed, and/or in a Conservation Area, and/or affected by an Article 4 direction. 

Consultation must take place before works commence otherwise significant penalties can be levied and prosecution can take place.

In support of these changes, a new Order governing the procedure for planning applications came into effect on the same date. 

The Order:

  1. Provides further clarity on information required when a planning permission application is required.
  2. Sets our further requirements for the local authority to provide rationale when imposing conditions on planning permission.
  3. Clarifies the procedure where a local authority fails to discharge a planning permission condition within the timescales required by law.

The law and practice referred to in this article has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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