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Permitted Development

Permitted development rights are provided by the Town and Country Planning  (England) Order 2015 (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

Larger Home Extensions

In April 2015 planning legislation was amended to allow householders to build larger single storey rear extensions under permitted development subject to receiving prior approval. This is a time limited offer and extensions must be completed on or before 30th May 2019.

These changes do not apply to houses in Conservation Areas or to flats.

A householder wishing to build a larger home extension must notify the local planning authority and provide information regarding the proposal and once this information has been received notice will be served upon adjoining owners or occupiers. Full details of the application requirements and process are available via the following link:

http://www.planningportal.gov.uk/uploads/neighbour_consultation_scheme_guidance_may13.pdf

There is no fee for this application.

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means that the General Permitted Development Order (GPDO) provides for some permitted development rights to be withdrawn or limited in certain circumstances, these include the following: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 or buildings (for example, Listed Buildings)

  • 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 Help Desk 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 pages to see if your property is subject to this designation. Replace link with the following:

http://www.dudley.gov.uk/resident/planning/historic-environment/article-four-directions/

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 which would be unusual in a residential area or 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.


Please note that Building regulations approval is normally needed to convert a garage.

Hardstandings and Vehicle Crossing/Dropped Kerbs

Planning permission is not required to hard surface your front driveway if the new or replacement surface uses permeable (porous) material which allows water to drain through; or if rainwater is directed to a suitable drainage system.

If the driveway is larger than 5m2, planning permission will be required for new or replacement traditional driveways which are constructed of impervious materials or do not incorporate drainage. Guidance has been produced by the Department for Communities and Local Government and Environment Agency regarding paving front gardens : Paving front gardens

The construction of a vehicle/footpath crossing to a classified will require planning permission.

In all cases the council  will need to be contacted to arrange for the construction of a Vehicle Crossing (dropped kerb) to be carried out. A charge is payable for this service. Demolition

The Town and Country Planning General Permitted Development (England) (Order) 2015 (GPDO), grants planning permission for the demolition of most types of buildings unless the council has made an Article 4 Direction to restrict permitted development rights.

However, in the case of demolition of dwelling-houses or buildings adjoining dwelling-houses, factories, offices, schools, hospitals and other commercial buildings 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 11.

Listed building consent will be required for the demolition of all or part of a Listed Building, and planning permission may be required for demolition within a Conservation Area. 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;

  • Alterations to a shop fronts

  • 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.

Detailed information regarding extensions to business premises can be obtained within Schedule 2 Part 7 of the General Permitted Development (England) Order 2015 which can be accessed at the following link: http://www.legislation.gov.uk/uksi/2015/596/contents/made

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 help desk direct for advice.

Buildings Regulations

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.

Contact Details

  • Name Planning Help Desk
  • Address Development Management, Planning and Economic Development, Directorate of Place, 4 Ednam Road, Dudley, West Midlands, DY1 1HL
  • Telephone 01384 814136