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What are "permitted development rights"?


AVB
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Received another letter from the council. Similar to the last but it say "I notice that permitted development rights were removed when your house was built" and they want to check that what we are building doesn't need planning permission.

 

So what are they?

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Received another letter from the council. Similar to the last but it say "I notice that permitted development rights were removed when your house was built" and they want to check that what we are building doesn't need planning permission.

 

So what are they?

 

They could be referring to the automatic rights to build agricultural buildings if you own more than a certain acreage.

 

Is your house built on part of a former farm ?

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Sounds more like a Planning Condition imposed on a new build housing layout where the units are crammed in. Local Plan policy will describe permitted development, but if the housing layout is particularly dense and amenity space minimal a Planning Condition could have been imposed to restrict any development under normal permitted development rights.

 

At least that's how it works up here in the frozen north.

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Permitted Development Rights describe the rights to build without planning permission. Covers things like very small porches on front doors. Sometimes covers agricultural buildings - if you have agricultural use category on your property. Sometimes includes buildings e.g. a garage where this is small and more than 5 metres from your main house. You need to check what you are building to see if it needs permission.

Easiest way is log on to your Council's website and go to 'Planning department /development control' and input 'permitted development rights' this should tell you what you can do without formally applying for planning permission which would need plans etc.

This control exists to stop nutcases building eyesores everywhere.

If you find what you have built needs approval from the Council/Planning permission, its always best to be contrite and say you werent aware that whatever you were building needed planning permission. The alternative is build it anyway - however the Council can take enforcement action if they choose which will affect any legal searches made on your property if you decide to sell. Planning permission can be 'outline' or 'detailed'. The latter requires formal plans and a submission for the Council to approve - or not. The controls exist to allow some small dvelopments but not bigger eyesores. Good idea if you live next door to a nutcase but if what you plan is reasonable you should be OK. Some Council's can be unreasonable and in certain circumstances you can appeal against their decisions but lets hope your problem is a simple one.

Cheers

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Got this from wife

 

Permitted development rights are rights to do certain works to a property without the need for plannng permission. They can include such things as small extensions, erection of ancillary buildings like sheds and greenhouses and the creation of hardstanding. These rights can be removed either when the house is constructed or at a later date when planning permission is granted for other works such as a large extension. The reason to remove these rights is so that future development can be controlled.

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Got this from wife

 

Permitted development rights are rights to do certain works to a property without the need for plannng permission. They can include such things as small extensions, erection of ancillary buildings like sheds and greenhouses and the creation of hardstanding. These rights can be removed either when the house is constructed or at a later date when planning permission is granted for other works such as a large extension. The reason to remove these rights is so that future development can be controlled.

 

Correct and it can also extend to changing windows, painting the outside of a property, gates etc in an area subject to an Article 4 Direction usually in conservation areas.

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they still think you are building an extension AVB if you keep having trouble I may be able to help, my missus works just down the corridor from East Herts planning so knows who is best to speak to etc. Personally I think you probably need to just call them and explain you realise you have a nosey neighbour issue but you are building a patio. Patios don't need permission unless the property is listed. If its huge they may have an issue about rainwater drainage but that is as far as I know only applicable to driveways. Permitted development is extensions of a certain size and various changes you can make to houses without applying for permission you can look it all up on the planning portal website. I'd get the builders to get cracking so it looks like a patio asap

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Got this from wife

 

Permitted development rights are rights to do certain works to a property without the need for plannng permission. They can include such things as small extensions, erection of ancillary buildings like sheds and greenhouses and the creation of hardstanding. These rights can be removed either when the house is constructed or at a later date when planning permission is granted for other works such as a large extension. The reason to remove these rights is so that future development can be controlled.

Thanks. We are building a patio with a small wall to retain the lawn. So I assume this would be covered under permitted development but if permitted development has been withdrawn when the property was built does this mean we can't do it?

 

Surely anybody can build a patio and wall?

 

All this has been stirred up by my nosey neighbour.

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its not covered under permitted development as it has nothing to do with extending your house. Your rights are removed so you can't extend the house any more without needing permission. Patios aren't under permitted development rights they are just un classified as you don't need any form of permission for them

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they still think you are building an extension AVB if you keep having trouble I may be able to help, my missus works just down the corridor from East Herts planning so knows who is best to speak to etc. Personally I think you probably need to just call them and explain you realise you have a nosey neighbour issue but you are building a patio. Patios don't need permission unless the property is listed. If its huge they may have an issue about rainwater drainage but that is as far as I know only applicable to driveways. Permitted development is extensions of a certain size and various changes you can make to houses without applying for permission you can look it all up on the planning portal website. I'd get the builders to get cracking so it looks like a patio asap

 

Cheers

 

I think we are a week away from most of it being completed and stuff being off site. Planning officer is coming down Wednesday anyway. I'll be back in India then so the wife can make him/her a cup of tea and hopefully smooth things over.

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Thanks. We are building a patio with a small wall to retain the lawn. So I assume this would be covered under permitted development but if permitted development has been withdrawn when the property was built does this mean we can't do it?

 

Surely anybody can build a patio and wall?

 

All this has been stirred up by my nosey neighbour.

 

 

What it means is if the works would not need planning permission (ie permitted development) before the rights were taken away then you will need to apply for PP but not pay a fee, but if the works would require PP and not permitted Development then you will have to apply and pay a fee if that makes sense.

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they still think you are building an extension AVB if you keep having trouble I may be able to help, my missus works just down the corridor from East Herts planning so knows who is best to speak to etc. Personally I think you probably need to just call them and explain you realise you have a nosey neighbour issue but you are building a patio. Patios don't need permission unless the property is listed. If its huge they may have an issue about rainwater drainage but that is as far as I know only applicable to driveways. Permitted development is extensions of a certain size and various changes you can make to houses without applying for permission you can look it all up on the planning portal website. I'd get the builders to get cracking so it looks like a patio asap

 

 

Permitted Development covers a lot more than extensions :yes::yes::yes:

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This things usually are stirred up by neighbours. Best bet is to ask the people that sent you the letter, just explain what you are doing, and they should be able to tell you if your ok. Sometimes just changing the materials can bet he difference between needing permission or not. You might find that the neighbours are claiming your buidling a three storey extension.

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not patios though

 

"Thanks. We are building a patio with a small wall to retain the lawn. So I assume this would be covered under permitted development but if permitted development has been withdrawn when the property was built does this mean we can't do it?"

 

A retaining wall and digging foundations for same is more than just a patio :yes:

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Well, I got that one wrong didn't I :blush: I'd only heard the phrase in reference to buildings on farm land which don't require planning permission.

 

A quick Google reveals;

 

Permitted Development Rights withdrawn

 

You should also note that the local planning authority may have removed some of your permitted development rights by issuing an Article 4 direction. This will mean that you have to submit a planning application for work which normally does not need one.

 

Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the local planning authority if you are not sure.

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Well, I got that one wrong didn't I :blush: I'd only heard the phrase in reference to buildings on farm land which don't require planning permission.

 

A quick Google reveals;

 

Permitted Development Rights withdrawn

 

You should also note that the local planning authority may have removed some of your permitted development rights by issuing an Article 4 direction. This will mean that you have to submit a planning application for work which normally does not need one.

 

Article 4 directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the local planning authority if you are not sure.

 

 

:yes::yes::yes:

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To some extent it our own fault. The builders (it's the wife's family) normally build big things - Multi story car parks, offices etc. So this has been completely over engineered. That has spooked the nosey neighbour. It will probably last a thousand years. Which means if we do get told to remove it, which I ****** well hope we don't, it will need half a dozen sticks of dynamite to do so. Then I'll just dump the rubble on the neighbours drive. :yp:

 

At the end of the day it's only a patio, and not even a massive one at that (I've seen pictures of bigger ones posted on here), and a four foot high retaining wall, some garden lighting and let's not forget an additional garden tap! It'll probably be the tap that tips it over the edge. <_<

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don't worry if you go onto the planning portal it will tell you that patios are exempt from requiring permission as are most things landscaping wise unless you want to start building large retaining walls and large areas of hard standing. This will be to stop you digging out hillsides and the likes, in your case you are landscaping a relatively flat garden so it won't be an issue. Foundations for retaining walls will be covered up and as you say over engineered because you can. Get it as close to being finished as possible, they are worried foundations equate to extensions or out buildings both of which are a problem but once they see it laid to patio and lawn the planners will go away happy.

If not then as long as its pretty much finished they have to make you apply for retrospective permission then only when that gets turned down would enforcement get involved. I'd lay money on that not happening as they have far better things to do than worry about people landscaping their gardens where there is a lot of leeway in planning law as to whether you would or would not require permission. If you get any issues just refer to the planning portal and say you just thought a small patio didn't meet the criteria of major terracing etc then if I knew which neighbour it was I'd start fast high growing hedge on that side

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if you have built a retaining wall becareful that the planning officer doesnt classify that as engineering operations. which might not be covered under PD.

 

if you have no PD rights then the planners could request an retrospective application or application for a lawful development certificate, but as the impact is negligible then there would be no reason to refuse it.

 

if the retaining wall is larger than 2m then it can trigger a planning app as well.

 

dont underestimate the local planners and try to get a local councillor involved to support your case as it makes a difference.

 

individual councils will have varying views but this is one which applies to your situation.

If you live in a house you do not need to apply for planning permission for a hard standing or patio if it is to be used for domestic purposes and is not in your front garden. Decking or raised platforms are also permitted provided they are no more than 30cm above ground level and together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.

Edited by artschool
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