Planning Consultancy
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The initial 7-part series outlines the basic rules for Permitted Development householder projects. Subsequent series take a critical look at Appeal Decisions, giving you an insight into how you might improve your own applications for Lawful Development Certificates.
To find out more about us, visit efkor.co.uk
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Are there restrictions on new build homes, that are part of a development?
Exactly what I needed, thankyou
Hi, do you take on jobs? We could really use some advice.
Great series on PD, I was looking and looking to understand if you can add storeys of attached single storey garage and you’ve explained it clearly, No lol. You’ve described leaving a small inclosed patio between rear and side extension to stay within PD rules. Can you advise how big the gap needs to be and could you externally bridge across on the first floor?
Glad you liked it. I have seen a brick width approved on appeal. Bridging across at first floor level is not available with PD.
This video is absolutely critical of anyone considering building under PD! Thank you for uploading your thoughts and research. Valuable insights indeed.
Thank you for your kind comment
Thank you for the videos, they're great. I have a question though: In the video it says for outbuildings, the maxiumim height is 2.5 or 3M depending on proximity to boundary. However how does this work if you have a multi level garden? We have a 3m wide back garden, after which it drops away at almost 90° for 3.5m, then falls away at 45° for a further 3m in height before levelling out. Thus in total the bottom garden is 6.5m lower than the top garden. We would like to build a garden room half way down at the foot of the first 3.5m drop. The rear of the structure would sit on the ground at the base of the first 3.5m drop, and as the base projects forward would sit on ground screws at the front extending up to create a level platform. But whilst the rear of the structure could easily be within the limit, due to the downward pitch line of the garden, the front section would be higher off the ground directly below it because the ground is falling away at that point. Therefore my question is: in this scenario does the 2.5/3m maximum height requirement basically mean at no point can the structure be higher than 2.5/3m from the ground directly below it at all points of the structure? And is the height determined relative to the neighbour's land? I ask this secondary point to see whether it might be an option to build our ground up with gabions to create a level platform and the therefore stay within the limit relative to 'our' ground, but of course would be higher than the neighbours' ? Please bear in mind the top of the structure would still be lower than the ground floor of the house. Many thanks.
As you have found, PD rules dont cover every scenario, especially where there is sloping land. And where one council might agree with your interpretation, another might not. Have you considered obtaining a Lawful Development Certificate? This costs just £100 and ensures you don’t accidentally build something outside your (council-interpreted) PD rights. As it proves your project was lawful at the point of construction, it also protects you if PD rules ever change.
@@efkor Thanks so much for responding. It would appear then I'm at the mercy of their decisions, which I suspect would be quite strict as they recently refused permission on some very minor alterations my neighbour wanted to make. If they were to refuse, can one appeal PD decisions? Thanks again.
My neighbour is in the process of building a loft conversion dorma to the rear. The roof went on today and I've noticed it encroaches into my area. The houses are terraced and i received no party wall agreement. Any advice would be appreciated.
Out of my remit. Its a legal matter
Very clear and interesting !!!
Glad you think so!
Love your videos and very informative. Business next to me owns outbuilding in rear of my curtilage. Has access rights only - and share of path - opened business in outbuilding (grrrr). Council say no planing required. She is non-householder and non-resident and rents out the space. I’m an upper flat with 1 below. Confused about flats and permitted development
Thats a very confused comment. Sounds like a legal problem not PD.
Hello I have a semi detached house with a 3m wide by 1m deep outside toilet attached to the back of original house line. This was build with the house. Does this then make this my start point of my 3m permitted after the toilet house? Would love an answer on this please?
Yes - you measure off the rear-most part of the original house - see the part of the video that covers 'stepped' rear elevations. But - it is not always great having stepped depth extensions. So, a useful tactic can be to 1st apply for a Certificate of lawful development, get that approved. Then use that to help support a Planning Application where you want to extend out further then PD limits. Some Local authorities might insist you actually build your PD extensions to take them into account for the purposes of a Planning Application, others might eb happy if you had purely commenced the PD work ( e.g. excavated foundations / poured concrete. Other Local Authorities might not make you do anything - it can vary alot!
Agreed
Thank you for a very informative video. Please could you clarify if there's a previous 40 year old double storey (left) side extension that was equal in width to the original house and doubledthe size of the house, could you do a small lean-to extension ground floor only and 1.5 metres wide on the right side of the original house under permitted development?
My feeling is that you run foul of the width restriction under PD rules. It might be worth asking for prior approval.
Legend ❤
Thanks :)
Great video. If the extension is on the rear of a semi-detached house, the eaves cannot be more than 3 meters because of the boundary. However could you have a 4 meter max height on the boundary with the roof sloping away from the boundary reducing to 3meters at the opposite side?
Thats a negative
Thanks for the information, please could you tell me the rules for this scenario, we have a searching for brick base, outbuilding which we would like to knock down and make into garden room. What are the rules on existing buildings?
Your PD allowance covers existing and proposed structures
Your videos are so helpful and clear! I am looking at a house which has had a corner extension in the 70s. This covers mostly the rear but also the side of the property. Can I add a rear extension which includes this? I want to merge it with the new extension ideally.
Glad it was helpful! You can merge the existing and proposed extensions but the total must comply vvith PD rules. Good luck!
Great video! Super clear thank you
You're welcome!
Hi I am working my way through your videos they are very good, a question on outbuildings if I build a garage at the end of my large garden 2.5 mtrs away from the boundary 2.5 to the eves 4mtr to the ridge can it only be a two sided pitch or can I make it L shaped building so a 90degree turn on the roof Many thanks Ian
Thanks for your comment. Theres no restriction on roof shape as long as you comply with all regs
Best of luck! Will be following your journey!👏
Thank you. Next video coming soon!
Good luck. I''m from south lakes, originally and yes, house prices are mental. good luck with dealing with nimby neighbours, unhelpful councillors, rubbish tradesmen, overpriced contractors.... Millom., huh? Barrow in furness? frequent winner of the UK's crappest town award.
Thanks for your best wishes. I'll do my best to overcome the obstacles you mention!
Can I put a two story extension right up to a parting wall
The parting wall is between my house and the next door
Sorry, not enough information. Suggest you find a local designer.
Hi, can you please tell me if the roof lights " velux windows " on the side roofs have to be obscure glass or can they be clear glass ? Thanks.
The question to ask is do they overlook your neighbour?
Hi there, thanks for the video. I am still struggling to find an answer about whether I need prior approval or planning. My 1930s semi currently has a long (6m) and narrow (2.5m) extension. I am looking at reducing the length to 4m but increasing width to 5m inline with the house. Can this be done under PD or is the maximum still 3m from original house? One neighbour has 6m extension and the other (the one I am attached to) has a 3m extension. Thanks in advance
3m is max unless you apply for the extension
Great videos lots of info. I have a huge front facing dormer it's visually a total shocker. Can I remove it and put back a sloped roof thanks
Thanks for your comment. Unless you are in a listed house or in a conservation area, I see no reason why you cant remove the dormer
Hi, Thanks for the information, i just want a bit more clarification on permitted development rights on detached house with stepped rear wall, can you extend each stepped rear wall by 8 meters ? Please let me know your thought on this Thank you
Hi, you can extend each (original) stepped wall by 6m under normal PD rules and this extends to 8m if you obtain Prior Approval. Hope this helps you
With Class E, for out buildings, PD defines the purpose as incidental to the enjoyment of the dwelling house. This also provides for domestic needs and enjoyment of the dwelling house, such as keeping pets, birds, bees and other wildlife. Would you agree that any outbuilding could NOT be used for the conduct of a home based business? For example, the harvesting and storage of Koi Carp for a commercial concern!
Agreed
Thank you. I was confident in my understanding of PD rules, it’s good to get a second opinion.
I've looked through several PD videos and you've defo got the best shizzle on this tricky area.
Wow, thanks!
This is not wholly accurate. Valid PD is also applicable to flats and the right to rise.
video was accurate at the time of production
Please explain about L SHAPE DORMERS THANKS
Not sure what you need
Thanks for yor efforts. I have a detatched house. I also propose to build a Garden Room to the back fence of the propety in compliance with size/distance rules. It will be approx 30sqM with 14ft depth. What's the maximum depth single story extension permissable under PD?
A garden room (assume detached) has different rules from extensions. You mention both types.
I received a “Prior Approval Not Required” in April 2021, but I didn’t start the work at the time. Will I need to do it all again if I want to start now? Also, I received letters from surveyors for both my neighbours saying to inform them 2 months prior, is this the usual process? Thank you
Different Prior Approval work has different timescales. Its unlikely that you have exceeded the allowable time but I would email the Council and ask. If the work impinges on the neighbouring boundaries, such an approach from surveyors is normal.
Hi! Thank you for this info. Quick question for you relating to the heights of permitted development. My neighbours rear ground level is slightly higher than mine (around 30cm) therefore on their side they want to build to 3m in height adjacent to our boundary however on my side the extension will be 3.3m in height. So do I have a good reason to object to the PD or will the planning officer measure it from my neighbours side? Interested to know..many thanks!
Any difference in ground level will be taken into account
Could you advise please if a loft lift can be done under planning permission to create head space for loft conversion? thanks
Happy to respond to PD queries
i am taking down a carport on a detached house .i wish to build a single side extension the full side of the house and no higher than the permitted development .Can i do this under permitted development please
If you comply with all the rules for PD, not just the height, you will be OK. This includes an understanding of Principal Elevation and depends on such factors as whether you are on a corner location. If in doubt, check my other videos. If you're not sure, apply for LDC. Good luck
Hi my additonal storey application is on the verge of being refused as being out of character with rest of the street. Is there anything that can be done? My house is semi detatched
Hi Mustak, from what you say, you will need to amend the design. Councils are rejecting such applications unless the additional storey really fits in with the surrounding environment. Good luck
My design is the simplest that i can possibly do with matching materials included. The only thing that they don't like is that my house will be taller than my attatched neighbours' house and the rest of the street.
It complies with height restrictions and every other guideline.
Good video..thanks!
Glad you liked it!
Really enjoying the videos, thank you. Could I ask a question? I an wanting to put a one storey 3m extension on the back of a terraced house under PD. Are there any issues about how close to my neighbours property, or in effect can I just follow the brick line coming off the back of the house? many thanks
Thanks Paul. Two issues to look out for. First make sure that your property retains PD rights (if not sure, email the council). Second, many (London) councils are rejecting such cases where the original house has a projecting rear porch or offshot (even a 1m depth) that contains a wall with a side elevation combined with the proposed extension being more than twice the width of the house. Look at Class A condition j (iii) very carefully!
@@efkor Thank you I will. Nothing on the back of the house, but will double check with the council.
Hi Marc. I have just come across your series of videos on PD rights which are excellent. I have one question:- does a conservatory come under the same rules as an extension?
Thanks, glad you like them. Check out this info on conservatories ecab.planningportal.co.uk/uploads/miniguides/conservatories/Conservatory.pdf
Brilliant - clear and very helpful.
Glad it was helpful!
Hi , I live in a semi detached property which already had a wrap around extension that had planning permission . Wanting to add an additional extension to the rear under p.d would this affect my rights to build ?
Check that PD rights have not been removed by the Council, find out by reading the conditions attached to the PP
I'm enjoying your informative videos, very helpful. I'm curious to know if all PD rights do not apply if my house was built pre 1948? For context, our greenbelt bungalow was built in 1911. We've had planning refused for a first floor extension (above existing flat roof ground floor extension) so I'm looking at exploring PD rights.
Hi Keri, glad to hear the videos are helpful. The good news is that your 1911 bungalow will probably have PD rights. All PD requirements apply to the dwelling as it was originally built, or as it stood on 1st July 1948. Thats the relevance of the 1948 date
@@efkor ah thanks for your reply Marc! Yes your vids are very helpful and so well explained whilst remaining concise 😁 So if the single storey extension was added in 1975 with planning permission, am I within my rights to add the first floor extension to the existing single storey under PD?
Hi super video can you help me l'm having loads of grief with local planning I was given permitted development on a single story side extension on my corner plot bungalow then later applied for planning on a different extension and was advised by council to add the said side extension on the same application 22 weeks later they have passed it but made me reduce the size and insisting on a different material finish my question is can I go back to the original permitted development I was granted that I received on a email stating official document (I have no certificate of lawfulness) or does the planning decision override it thanks for your help
If you have a CLD for PD, this is your fallback position that you can adopt at any time, irrespective of any subsequent planning permission. If you have an email giving advice, this is not a CLD and cannot be relied upon. Hope this helps
Hi thanks for your super reply my property is fully white render but planning is insisting on building it in a red brick if I was to go along with it can I render it after completion and if so how long should I wait,this is what is written on the approval letter Materials. The external finishing materials shall match with those of the existing building, other than the extension to the south west as shown on plan 2266/05 B received 25 November 2022 which shall be constructed in red brick to match the existing. The extension shall not be painted or rendered without the written permitted of the local planning authority. Reason: In the interests of visual amenity and to ensure a satisfactory form of development
there must be a point when common sense prevails over PD or planning rules, surely what neighbours say and what is aesthetic and improvement should be considered
PD is fairly prescriptive to allow householders to get on with boilerplate extensions. Planning decisions follow a mix of rules and guidelines. Planning Inspectors follow the law. Common sense is sometimes used to achieve an equitable result.
Great informative video. I have a question for you for my semi-detached , having created a dormer following PD rules (20cm eaves, no more than 50m3 roof space, etc) why is the council now asking for 100cm from eaves and 70cm from cheeks. one side cheek is from a double storey extension so no neighbour and is a hip roof
I'm glad you found the video useful. The council is probably asking for these non-PD details because they appear in the councils own design guide. Some councils are slavish regarding their guidelines. Best to comply if they are trivial to you.
@@efkor thanks for reply, Is the council desgin guides different from PD rules? Thought you need to give Article 4 instructions if council is to override Govt tech guidelines? Where do you find council design guide as their standard reply is follow "planning portal" which looks at Gove PD rules!
hi, great content and very informative. a question please, I have purchased a semi with a large side single storey extension running full length (back to front) of the house. I am considering building up one storey but only half the width of the lower extension. is this PD? hope I've explained myself correctly. cheers
Unfortunately not
Gareth you lazy herbert, only takes a little bit of time to know that from a little research, starting with this geezers videos.
Very informative video. I would like if you could make an vidoe about pd rules about development over attached side garage.
Glad you like it. In response to your request, do check out my PD video series. Unfortunately, you will see that there are no PD rights for upper-storey side extensions
If a council removes the permitted development rights or puts conditions on the development, is it possible to appeal against them after the appeal period has finished?
In those circumstances, you will need to make a new application to either restore PD rights or to remove the condition. If it fails, you can then appeal.
@@efkor thanks
Eagerly waiting for next series. This series very much cleared the concept of principle elevation.
Thanks. Hope you like the next series ...
Hi, thanks for sharing your planning experience and knowledge. Your elaboration is helping a lot of people. May I ask a question please in this regard? If a property fulfills all these requirements, there is no confusion, and all work is done according to building regulations through building control application and under council supervision and gets building regulations compliance certificate, is it still needed to have a certificate of lawful development?
Under the circumstances you describe there can be 2 reasons to obtain an LDC. (1) You might think that your property fulfils all the PD rules but you can never be 100% sure. For example, if your property is on a corner, which elevation is the Principal Elevation? You need to know this if you want to build a "rear" extension or a dormer on the "rear" elevation. If you obtain an LDC, this is confirmed for you and you needn't worry about an enforcement notice (2) When you come to sell the property, the LDC gives the purchaser 100% peace of mind that the additions were added legally. It all depends on your appetite for risk and your knowledge of PD rules. I hope this helps
@@efkor thanks. Much appreciated
What I understand, from this video and some previous videos your made, is inspectors rarely disagree with Council's decision. Whether it is part of policy or other reasons, however it is not independent approach.
I believe that the official figures say that 1 in 3 appeals are successful so it might be a little harsh to say that inspectors rarely disagree with Councils decision. You have to remember that I am very selective with the cases that I feature, choosing only those that make a good story!
@@efkor Thanks.
Seems very pedantic all this principle elevation, surely there has to be a less complicated and controversial way of doing it.
Good explanation of principle elevation when a building has more than one featured facades
Thanks. Glad you like it