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Article 4 Directions withdraw some PD rights for certiain alterations,but not all. Houses converted to flats do not have PD rights. There is no retrospective application process for prior approval. if you build an extension not in accordance with the approved prior approval, the council can take enforcement action because a larger extenion is likley to contravene local planning policies. If you get planning permission and a lawful delveopment certificate at the same time, make sure to implement the PD approval first. You are not legally obliged to apply for a lawful development certificate, but if you don't, mortgage lenders may not give you a mortgage for extension with now Council records of approval.
If you have planning permission why do you need lawful dev certificate? I thought lawful dev certificate was for permitted development/building regs work?
Hi. I placed a shipping container on the side of my bungalow with a view that it’s a free standing metal shed. Subsequently I received a letter from the planning enforcement officer saying that I need to have planning permission. I applied for planning permission for this container but was refused. My bungalow is located in Kent. Love forward to your comment.
Hi Kelly. Sorry to hear that. The relevant Permitted Development is GPDO 2015 Class E (page 21). A container should comply with being only single storey and less than 4m in height and less than 2.5m in height where it is less than 2m from the boundary - be careful about this as most containers are slightly over 2.5m high so if it near the boundary you may be in breach of this. If necessary you could perhaps sink it slightly below prevailing external ground level. Also make sure it is really at the side and doesn't stick out further than the house. Also obviously make sure you are not a Listed Building or in a Conservation Area, or otherwise protected area, or that you haven't already been stripped of your PD rights as part of a past approval. If you are compliant with all these and other clauses, then it is permitted development and you can get a Certificate of Lawful Development instead of needing to apply for normal planning.
@@sarahandgeorge I have an important group work task (which involves my other university coursemates from different backgrounds ie. Architecture, quantity surveying, Building surveying(me), etc) ' Our project is focused upon the adaptive reuse of the historic farm building and its immediate vicinity as an exemplar of adaptive reuse of community assets for inclusive resilient communities in sensitive, protected settings. What can be done with the building given the strategic housing plan for the immediate area? How will our decisions be affected by the surrounding buildings and landscape features? What matters are important to the community, the client, and Aveley's future needs? How much will our schemes cost? How might will these be funded? Critical analysis of a community asset that has become obsolescent yet has the potential to satisfy the needs and earn significant income for the owner and the community. The task is to articulate elements of a feasibility study for a timber original agricultural now quasi-industrial building that is within the demise of a listed building. Aveley is about to be granted 6000 dwelling development inside the A13 'Smile' that the bypass creates and this puts Aveley Hall at the epicenter of both new and old communities. The property has three distinct zones on the site: The Grade II Aveley Hall (A huge Victorian farmhouse). There are also the Aveley Hall Farm buildings which are the sole focus for the Level 6 Conversion and Adaptation project. There is also a Scheduled Ancient Monument that is inaccessible (seriously overgrown) whilst the two zones and the church are not part of the primary project they are under the control of the same owner.
Very informative. Answered questions to ideas I had. I'll be in touch Kingsley! Knowledgeable. I actually felt excited listening to this. So many possibilities!!!
Hi great video, I wanted to know can you put two buildings in a garden rear if it’s under 50% and can you have a shower and toilet. Gym and art studio. Under 2.5 m high one 4m by 4m and the other 5mx3m ? Thank you
Yes it can be. It doesn't have to be different, but you need to be very careful, as planners often take the opportunity to strip people of their permitted development rights when they grant planning approval. So, a recently constructed one-off house may have been stripped of PD rights when it was granted approval, and you may find the same thing for an entire housing estate - that all the houses have been stripped of their PD rights when the estate was approved. You need to carefully look at the planning history of the property/site.
I’m about to complete a purchase of a 3 bedroom semi. Intention is to build a single story extension using PD. Please can you clarify I understand what I’m allowed to do. 1. Extension will be 4m out from existing rear wall 2. Extension will be full width of property 3. Extension will not cover more than 50% of original garden 4. Similar building materials to existing house will be used. 5. I will need to obtain an LDC and have no objection from neighbours. I don’t want a flat roof , please can you clarify the rules on roof height. Also, at what stages do I need to have building regs signed off?
Hi Michael. You are only allowed 3m under basic PD on a semi-detached house. That is not very much. That can increase to up to 6m under Prior Approval PD if your neighbours don't object. Also be careful about height - especially near boundaries.
Am i right in thinking gdpo covers only those who already own a building and looking to make improvements to their plot rather than thoes looking to build a structure on a new site?
Good video, it`s not easy to make a clear video, with so many permutations. Also, I appreciate that you cannot give too much away since it`s your living. I live in a Borough where the maximum Single-Storey Rear Extension is 4 metres - The Council put a stop to 8 & 6m Extensions. Can you explain in another video the New PD Rules which came out 31st August 2020 please?.
Hi and thanks for watching. Yes, there are so many variables...the best you can do is to get a good idea of the potential opportunities for particular properties - and then seek out a planner/architect and show them that property, and get their advice. The 2020 PD rules are in the video, just need to dig - it is a long one I admit.
I did a PD outbuilding, when near finishing, we found a drain and followed the pipes and we released that we have built over the sewage pipes, when digging the trench foundation we didn't come across any pipes.. we have the LDC but now the work is kept me up all night thinking the sewage pipe will collapse and cause major problems to myself and neighbors. my outbuilding is 3 meters from the man hole cover . please help. what can I do. what kind of test?. thanks.
Hi. Such things are possible but under a Buildover Agreement with the water authority, such as Thames Water or Southern Water. Usually you stop the foundations each side and bridge over with concrete lintels and put gravel around the pipe. I am not sure precisely what you have done, but it sounds like you may not have done it properly and it may be illegal. There may be a risk of catastrophic collapse for which you probably could be liable if sewage leaks or backs up, and if you are worried it may be good to somehow regularise the situation - both physically and in terms of paperwork. This may require a survey (possibly inc. CCTV survey), and engineering works.
I live in a back to back house. Pd does not allow me to build an extension forward of my property. Buts its at the back of a front street facing house. Ive built an extention and now enforcement say I need planning. Other have built similar extensions and no planning was required.
Hi. Many thanks for your comment. I am not sure of the specific circumstances of your case, but if it is truly a back-to-back house (e.g. like some in Leeds) then it appears the local authority is within its right to take enforcement action. The fact others in the street have done a similar thing likely would not help and planners could respond that "you wouldn't get away with that now". All the more galling if those other ones have been there a few years and deemed to be approved. One course of action may be to submit a retrospective planning application, and then go to appeal if it is refused. You may win the appeal and it also would stop enforcement action while the appeal is pending. Planning refusal depends on harm - the planners need to claim you are creating harm to persons or property or public realm (townscape). If there is no harm it is hard for them to make a compelling case against you. If others in the street have done a similar thing then it could be argued yours is in keeping with the context. Good luck, and contact us if you need assistance.
@@eddydar not sure about "planners" but Building Regs have physically visited a development I'm involved in during COVID. The Planning Dept met virtually over Zoom to approve the Planning Application.
@@sarahandgeorge ive got a architect to do drawings. Just need pay the fees via the planning portal about 231 inc vat. Ive seen somewhere theres a £60 charge whats that for?
Hi, I have just purchased a vacant unit with A1/A2 use class? Would this automatically change to use class e? Also, the property is classed as mixed use of which a separate area at the back was originally a flat but was being used as storage area for the previous shop. Could the storage area be converted back into a self contained flat? Thanks!
Hi. Yes Use Class A will automatically become part of Use Class E. The jury is still out as to whether all of Use Class E will benefit from the PD rights previously held by all of it constituent parts A, B, etc. - i.e. Govt concluding its consultations on the matter. It appears likely that A and B will continue to enjoy those rights but that some of the old D uses will not. Remember the 150sq.m. limit.
VERY GOOD VIDEO - i have a quick question - single story 3x3m extension so falls under right of development- will also submit a n application for Lawful Dev Cert, question is - can i start building whilst waiting for LDC - Thanks
Hi Stephen. Yes, but do make sure you have your PD rights intact (not been stripped away from you as part of a planning approval) and also that you are fully compliant (eg within all the rules for size and height and not extending towards a public highway). If you are comfortable that you are fully compliant then yes you can start building straight away - no need to wait for a LDC, and not even any need to get a LDC. Some people just get a LDC to help when they come to sell - so it shows as being approved in searches.
@@designscapeconsultancy1908 thanks - i will proceed as follows (correct me if im wrong) 1 - do a building control app 2 - do a Household Application ?
I am confused, we have bought a place in pangbourne berks. we are in a conservation area. we wanted to remove the conservatory and extend single level as the garden is huge half an acre. we are planning to go green with solar pannels too, where can I get the help to move forward? thank you
Six years ago I bought a house with a large garden and a small lake/large pond. The garden and the house having been sold together in 1981 when the house was first built. I put a lwan mower shed on the land and the Myor reported to Ashford Council that I had built the 11ft high shed out of curtilage and now Ashford Council has after 13 months decided that the shed is out of curtilage. The large garden and small lake costs an enormous amount of money to upkeep properly and a shed was needed to house the new equipment to do the excessive work ourselves. The e shed is no nuisance to anyone. We are now stressed that the Enforcement Notice will penalize us forever even though we have complied with the guidelines for garden sheds. We are now thinking thinking of building on the land then incorporate the shed and a garage in with the planning App. Th elake is now poisoned since a 3G pitch uphill from it keeps overflowing into it but the Mayor has not written letters about that or any of the other important environmental and health matters here. Can anyone help us at all without it taking every penny we have?
Hi Malcolm. It sounds as though you are in a very difficult position, and it likely could cost several thousand pounds to try to protect your interests and regularise the situation by seeking planning approval if necessary. Even then you could lose if you do not have a strong case or are factually incorrect. It is not something we could help with - you would need a good planning consultant and potentially a planning lawyer. I can advise on that if you don't know anyone.
Greenwich council have refuse our side rear extension, we have had no objections and have asked if we can extend our side extension to our 4.2metre extension. Can I extend without planning permission? Please help
Hi TH. Really I would need to see the specific case of your site. If you are happy to share your address or your refused planning number then I could take a look on Greenwich's website. From what you have said, my instincts are no - you can't do it. There are lots of caveats like making sure you are not in a conservation area and also making sure your side doesn't face toward the street. Also 4.2m sounds a lot - you are only allowed to extend sideways by half the width of the original house. Another peculiar thing about PD is that you can't do an L-shape wraparound as PD doesn't apply to the "missing corner". I hope you can picture what I mean by that - the bit where the PD side extension would meet the rear extension.
@@designscapeconsultancy1908 hi, the back was approved to 4.2 metres the side was refused. Is there somewhere I can email you my address also my new Drawings? Thank you so much for your reply
No, I am not aware of PD clauses that would allow you to do that. You could of course try under a planning application. The planners and council members may look kindly upon that - especially if the building is older and not really any longer fit for purpose as C2, and there also may be tourism-related policies supporting C1.
Hi. Great Video. I have a question about residential PD. We are in the process of buying our first property and recently we found an end of terrace property that has a driveway next to the house. At the end of the drive there is a fence with a large shed on the other side with a pathway in between. I would like to keep a large proportion of the driveway but instead of the shed I would like to have a side extension for a garage. Is there any limitations how far I can build sideways as in my case it would be about 4-5 meters. Thanks for your help
@@designscapeconsultancy1908 In case if the building is not attached to the main building, for argument sake if there is a walk path is in between the two building is that changes this? As I said I would like to add a Garage but the building is fairly Narrow and 50% of the width would be a really limited space.
Hi Had an extension approved 5 meters (all finished), I would like to add a utility room to this extension which would take up just over 2 meters to create this would be done to the side and reside about 10/12 feet back from the front so a 20' x 7' unit. Do I need further planning permission?
Hi David. This raises many questions and issues. Firstly whether you are in a detached or semi-detached/terraced - regarding the 8 metres/6 metres rule so whether there is any depth "remaining". Also I am concerned by the word "side". Buildings can be extended back or sideways, but there is no PD allowable in the missing corner - i.e. in the corner of the L. From what I can gather from the information provided, my instincts are that you WOULD need planning permission and should proceed with caution.
Hi I want to extend my living room to the front. I got massive drive around 80sqm. May be more then that. I just want to know if I apply for planning permission. Will there be a chance to be granted?. I live in mid terrace house. Thnks
Hi Tahir. I don't know much about your case, but based on what you have said I do not think you would get planning permission to do that, and you don't have any PD rights to extend at the front, apart from a small porch.
@@sarahandgeorge I have an important group work task (which involves my other university coursemates from different backgrounds ie. Architecture, quantity surveying, Building surveying(me), etc) ' Our project is focused upon the adaptive reuse of the historic farm building and its immediate vicinity as an exemplar of adaptive reuse of community assets for inclusive resilient communities in sensitive, protected settings. What can be done with the building given the strategic housing plan for the immediate area? How will our decisions be affected by the surrounding buildings and landscape features? What matters are important to the community, the client, and Aveley's future needs? How much will our schemes cost? How might will these be funded? Critical analysis of a community asset that has become obsolescent yet has the potential to satisfy the needs and earn significant income for the owner and the community. The task is to articulate elements of a feasibility study for a timber original agricultural now quasi-industrial building that is within the demise of a listed building. Aveley is about to be granted 6000 dwelling development inside the A13 'Smile' that the bypass creates and this puts Aveley Hall at the epicenter of both new and old communities. The property has three distinct zones on the site: The Grade II Aveley Hall (A huge Victorian farmhouse). There are also the Aveley Hall Farm buildings which are the sole focus for the Level 6 Conversion and Adaptation project. There is also a Scheduled Ancient Monument that is inaccessible (seriously overgrown) whilst the two zones and the church are not part of the primary project they are under the control of the same owner.
Pubs can be regarded as a community asset so can be tricky. They were in Class A but were taken out and put into Siu Generis to prevent PD conversion. So, planning is required. That said, we have done a few pub conversions, usually where we can demonstrate there are other pubs available in the area. It helps if it is no longer a pub (i.e. already gone bust and closed down a few months/years ago) and especially if the brewery stripped it of its licence as a condition of sale. Also, may help if it was a problem pub - e.g. with stabbings and drug dealing. If pub use is agreed by the council to no longer be required then they may still ask you to consider an alternative community use, like a trigger mechanism, so you may need to demonstrate there is no need for any other such use at the site. If you need any help then contact us if you wish.
@@designscapeconsultancy1908 I have an important group work task (which involves my other university coursemates from different backgrounds ie. Architecture, quantity surveying, Building surveying(me), etc) ' Our project is focused upon the adaptive reuse of the historic farm building and its immediate vicinity as an exemplar of adaptive reuse of community assets for inclusive resilient communities in sensitive, protected settings. What can be done with the building given the strategic housing plan for the immediate area? How will our decisions be affected by the surrounding buildings and landscape features? What matters are important to the community, the client, and Aveley's future needs? How much will our schemes cost? How might will these be funded? Critical analysis of a community asset that has become obsolescent yet has the potential to satisfy the needs and earn significant income for the owner and the community. The task is to articulate elements of a feasibility study for a timber original agricultural now quasi-industrial building that is within the demise of a listed building. Aveley is about to be granted 6000 dwelling development inside the A13 'Smile' that the bypass creates and this puts Aveley Hall at the epicenter of both new and old communities. The property has three distinct zones on the site: The Grade II Aveley Hall (A huge Victorian farmhouse). There are also the Aveley Hall Farm buildings which are the sole focus for the Level 6 Conversion and Adaptation project. There is also a Scheduled Ancient Monument that is inaccessible (seriously overgrown) whilst the two zones and the church are not part of the primary project they are under the control of the same owner.
Very informative video. I have a question and would appreciate it if you could respond to it. Is the 50m3 permitted volume for semi-detached properties based on the internal dimensions or external considering the thicknesses of external walls? The planning portal requires all dimensions to be external but the legislation says the increase of the contents of the loft shall be less than 50m3. I would say the contents refer to the internal volume.
Hi Mohammed. It is my understanding that the 50m3 for rear dormer extension definitely relates to the gross external face of the volume not the internal dimensions.
Hi great video really informative, just struggling with permitted development at the moment with my one bedroom cottage. I planned to out single storey on the rear to adjoin the old outbuildings and eventually convert them too (downstairs bathroom and utility new extension a new kitchen give me a second bedroom upstairs) however I’m told having tried to get a certificate of lawfulness I’m not allowed I would have to go for full planning permission. Due to it massively changing how much square living space I have downstairs.... such as shame as the old outbuildings were the kitchen and old outhouse.... Any tips or ideas to get around this ? The cottage is next to a footpath and I’m told this is an issue Any help would be appreciated
Yes, that's because you want to touch/join with the existing outbuilding. They don't allow you to do that. Would be good to get a certificate of lawfulness for a rear extension which stops just short of the outbuilding. You would then use that as a "stepping stone" to then go back in for planning for a scheme which does include the outbuilding, and likely could successfully argue it is barely any different. Hope this helps.
Thanks for dropping by Wayne and taking the time to comment. I think planning is one of those things where there are so many factors to take into account on a specific building and it's specific location and surroundings, that general is the best we can get...until we can provide all the details.
Hi, coincidentally in a planning check mate with existing architect.. would be very beneficial to get an email or contact number to discuss further? Best,
Very unprofessional to say "conservation area, forget about it", this is simply not the case, you just need to see which Article 4 directions are in place on your conservation area, you should know that
