The definition of what is a development requiring planning permission is wide, and if every small-scale project necessitated a planning application to the council, the planning system would be overburdened.
Planning laws in the UK allows for rapid, efficient growth of land by permitting blanket planning. This is called ‘permitted development’, and government sets out specific development categories.
In the United Kingdom, there are different regulations, depending on where in the country you plan to build. In most cases, projects that fall within the authorized classes may just go forward as planned.
The right to control these types of development projects is reserved for the council, excluding office spaces and demolitions. You can also make additions to your house that are a bit large in size, but must have the approval of the council beforehand.
Most new developments, such as shops and offices, can be approved with a permitted development.
What are changes defined under the planning laws
The term Changes refer to the development of houses, minor works, and changes in use. Caravans and other agricultural buildings are also part of this change. With the new laws, commercial developments are now possible with public investment.
Various changes are allowed between the types of use defined in the government’s use classes order. For example, a pub could change to being used as a shop.
Development in England is divided into different types, but all of these types can be applied to residential properties.
|Where you are a HouseHolder||Any residential properties|
|Hard surfacing (paving)||access|
|outbuildings, swimming pools||painting your house|
|antennas and dishes||demolition|
Requirements to get householder rights on AONBS and listed buildings
Householder rights must also be obtained before you undertake development in a Conservation Area, Areas of Outstanding Natural Beauty (AONBs) or National Parks. Householder rights do not cover flats, maisonettes, mixed-use properties or houses in multiple occupations. Permitted development rights will not override a requirement to obtain listed building consent on a listed property.
The concept of permitted development is simple: there are limits and criteria to meet. However, the reality is more complicated. It takes a lot of interpretation, and different councils have different views on certain aspects. If you plan to develop your land around your house, this only applies to the curtilage in most cases (your yard). But for houses with large yards or that have other non-residential land annexed, the extent may not be as clear.
some exceptions on permitted development rights
Councils can take away some permitted development rights within certain areas. They usually do this in areas with conservation value, but also in high-density student communities.
Article 4 Directions are written public notices that are publicized by Councils and include information about where they are in effect.
For example, when a council grants a building permission, they can attach conditions that would remove permitted development rights. This might be done to keep the character of the original building, or to prevent further over-development.
There are some limitations on where development can take place, but it does not mean the development cannot ever happen. You would just need to make a planning application to request permission.
Planning details are available on the websites for England and Wales, Scotland, and Northern Ireland.
The right to undertake permitted development is fraught with uncertainties and can be established using the information in this chapter.
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