Permitted development rights are provided by the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO) to allow certain types of development to proceed without the need for a planning application, since planning permission for them is deemed to be granted. Such rights have long played a role in reducing the number of planning applications for minor and uncontentious development and help reduce the regulatory burden of the planning system.
The Planning Portal has produced guidance pages for common projects around a dwelling and gives an overview of the changes coming into effect : Planning Portal Guidance
There is also a simple visual guide which outlines common household projects, which may be useful: Visual guide for householders
Additional guidance has been produced by the Department for Communities and Local Government and Environment Agency regarding paving front gardens : Paving front gardens
Should you require a copy of the full Statutory Instrument, please click this link: Town and Country Planning (General Permitted Development) (Amended) (No.2) (England) Order 2008.
Limitations on or withdrawal of Permitted Development rights
Whilst we recognise the basic aim of permitted development rights is to exclude relatively minor development proposals from planning controls, the need to control any significant impact of even minor development in protected or sensitive environments means that the (General Permitted Development) Order (GPDO) provides for some permitted development rights to be withdrawn or limited in certain circumstances, these include the following:
- in conservation areas, and certain other specified or designated areas
- by conditions, exclusions and limitations applying to specific rights;
- through Articles in the GPDO, including Article 4 which gives local authorities powers to remove permitted development rights;
- prior approval procedures, which require information on siting, design and scale of certain categories of permitted development to be provided to the local authority, with a decision required within a specified period, failing which, permission is deemed to be given
You can find out if your property is in a Conservation Area or is a Statutory Listed Building by using these highlighted links. If your property is the subject of a condition removing your development rights you can contact the Planning Helpdesk direct.
The effect of Article 4 directions
Local Planning Authorities have the power under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995, as amended, to make Directions restricting permitted development rights where it is considered appropriate to control potential development. The effect of the Article 4 Direction is to remove immediately the permitted development rights set out below.
Please refer to the Historic Environment pages to see if your property is subject to this designation.
Working from home
If you intend to work from home you will require planning permission to do so if the overall character of your house changes from the primary and predominant use as a dwelling house. Instances where this would occur include a use that attracts a marked rise in traffic or people calling, a use that involves activities unusual in a residential area or a use that could disturb your neighbours.
However, many businesses can exist invisibly within houses or in outbuildings in the garden without any formal change of use occurring in planning terms.
Is permission required to convert my domestic garage to living accommodation?
Under normal circumstances you do not need planning consent to convert an attached garage into a room unless;
A condition imposed on the planning permission under which your house was built specifically required the garage to remain available for the parking of a motor vehicle
A condition on the planning permission under which your house was built or an Article 4 Direction has removed your permitted development rights
Any external works (e.g. fitting a bay window in place of the garage door) would bring the resultant building closer to the highway than the existing building and the resulting building is less than 20m from the back of the highway.
Converting a detached garage:
- Planning permission may be needed to convert a detached garage to living accommodation. Please contact us to check.
Building regulation consent is normally needed to convert a garage.
Hardstandings and Vehicle Crossing/Dropped Kerbs
Planning permission is not normally required to construct a hardstanding or drive in a garden, however if a vehicles/footpath crossing is required to a classified road then planning permission will be required.
In all cases the council of this Directorate will have to be contacted to arrange for the construction of a Vehicle Crossing (dropped kerb) to be carried out. A charge is made for this service.
Demolition of your property
The Town and Country Planning General Permitted Development Order 1995 (GPDO), grants planning permission for the demolition of most types of buildings. However, in the case of demolition of dwellinghouses or buildings adjoining dwellinghouses, this planning permission cannot be exercised (i.e.
demolition cannot take place) unless the developer has applied to the local planning authority for a determination of whether the prior approval of the authority will be required to the method of the proposed demolition and any proposed restoration of the site. This is referred to as a 'Notice under Schedule 2 Part 31.
Please note: Notification is not needed if planning permission exists for the redevelopment of the site, or the demolition is required by a demolition order or enforcement notice, or by the exercise of any other authority of the Council.
You can access and download the Dudley application forms from the Planning Portal.
Permitted development for your business premises
Although permitted development rights exist for business premises, most alterations are likely require planning permission, including;
- All shop and office extensions
- Alterations to a shop front
- External security (roller) shutters or grilles
A booklet entitled Planning Permission - A Guide for Business is available on the Department for Communities and Local Government (DCLG) website, which is a guide to the planning system for businesses in England. It provides guidance on when planning permission is required, how to make a planning application, and what happens afterwards. The Planning Portal also provides general advice about the need for planning permission for proposals related to businesses.
Given the complexity of permitted development rights, the sources of information above are by no means an authoritative interpretation of the law. If you are still unclear how to proceed with any proposal, you should contact our Planning helpdesk direct for advice.
In many cases whilst you may not require planning permission for your development, it may require Building Regulation consent, for information and advice you should contact Building Control prior to commencement of works.
Planning Enquiry Form
Please use the Planning Enquiry Form to obtain an opinion from us as to whether you need planning permission from the Council (i.e. express planning consent) for a proposed house extension or outbuilding.