Planning Rules for Extenders

ABOVE: Martin Swatton has extended and totally transformed an ordinary 1930s bungalow into a light, bright and contemporary living space with some quirky touches. (Read more about this extension).

The changes to Permitted Development (PD) rights that came into force on 1st October 2008 will impact on the millions of homeowners in England who are planning to improve or extend their properties in coming years.

Overall, the changes are likely to result in greater scope for most homeowners to extend without having to apply for planning permission. In particular, the removal of volume limitations for extensions under PD in England (Wales, Scotland and Northern Ireland have their own independent planning legislation) means that extending the roof space for a loft conversion will no longer impact on the ability to extend elsewhere, because there is now a separate volume allowance of 50m³ for roof extensions (40m³ for a terraced house).

In place of volume limitations, the new PD regime for single dwellings has constraints on width, height, proximity to boundaries and on materials. Single storey extensions on detached homes can project up to a maximum of 4m from the original rear wall of the house; all other houses and two storey extensions can be extended to the rear by 3m from the original rear wall.

Single storey extensions can be up to 4m in height, but the maximum eaves height within 2m of the boundary is restricted to 3m. Two storey extensions must also be at least 7m in from the rear boundary to ensure there is still some garden space. Side extensions up to 4m in height are allowed, up to half the width of the original house. Regardless of size, all extensions must be built using materials ‘similar in appearance’ to the existing house (this may be open to interpretation) and have the same roof pitch.

Changes to the rules on the way outbuildings are treated under PD could be of substantial benefit to homeowners with garages or other existing outbuildings close to their home, and those intending to build new ones. Outbuildings can still be constructed, covering up to 50% of the original garden area (including the house and any extensions) providing they are no taller than 4m (3m for a flat roof), at least 2m from the boundary and no closer to the highway than the existing dwelling. Previously, however, any new outbuildings constructed within 5m of the existing house were treated as an extension, thus using up part, or all of, the volume allowance. The ‘5m rule’, as this became known, is not included in the new Permitted Development Order for homeowners.

Planning consultant Ken Dijksman was first to bring this ‘loophole’ to H&R’s attention and suggest the potential benefits. Dijksman, who is author of The Planning Game, told H&R, “Because outbuildings can now be built right up to an existing house, they become so much more useful. A games room, home office and indoor swimming pool can all now in essence be used as part of your home — as they are ancillary accommodation they can be built legitimately as outbuildings, even in the green belt. The only limit on their size being the size of your garden!”

What’s more, there is no restriction on outbuilding floor size. The Government’s draft proposals had included plans to restrict floor space to maximum of 30m² in gardens 100m&su2; or larger; 20m2 for smaller gardens. These proposals have not been included in the new legislation — which could potentially make this type of development a viable alternative to extensions.

While homeowners can construct outbuildings as near to their own homes as desired, the same cannot be said of neighbouring homes. Tighter restrictions now apply to outbuildings planned within 2m of the rear garden boundary — meaning those with smaller gardens could be at a disadvantage.

Thus, the new legislation could provide greater flexibility to build under Permitted Development for some, but not for others. Hugo Tugman, architect and founder of Architect Your Home, says, “The pros and cons actually balance each other out. The overall position for homeowners is no better on the whole. The legislation was supposed to reduce the number of planning applications — however, I don’t believe there will be any significant change.”

One other important change is that local authorities in England now have the right to remove PD rights on properties unilaterally by issuing an Article 4 Direction, with no right of appeal for the homeowner, and no right to compensation. The result could be that many thousands of homeowners will simply lose most or all of their PD rights as the legislation is gradually rolled out over the next year. “Very few Article 4 Directions exist at present because it is hard for local authorities to get them,” says betternest.co.uk’s Simon Smith, an expert in PD.

“The latest reform passes the power to sanction Article 4 Directions to the local authorities. PD has always been a thorn in the side of local planners as it trumps their own local planning design and development guidelines. This recent action by the Government hands a lot of power to the local duty planners, meaning that in a year’s time at least, power to develop your home in the way afforded in the recent reform could be removed wholesale.”

What is permitted development?

Introduced in the first Town and Planning Order in July 1948, ‘Permitted Developments’ are small-scale home improvements, such as extensions and loft conversions, which can be undertaken without planning permission. Houses within designated areas, such as Conservation Areas and AONB (Areas of Natural Beauty), are subject to stricter conditions.

The changes: How do they affect your project?

• Extensions — single storey extensions on detached homes can project 4m, and 3m for other types of houses. Two storey extensions can project 3m but must be at least 7m from the rear boundary
• Outbuildings — can occupy up to 50% of your garden, and be as near to the house as required. There is no restriction on floor space, but height restrictions apply
• Loft Conversions — 50cm³ in volume (40 for a terrace), projecting within 200mm of the eaves
• Driveways — built from porous materials, or with provision for drainage on the property
• Solar Panels — most will now fall within your PD rights

Further reading:

• A Guide to the New Permitted Development Rules
• Using Permitted Development Effectively
• Planning Permission: Do I Have a Chance?