Home of the new Vauxhall Astra

Home of the new Vauxhall Astra

Vauxhall's factory at Ellesmere Port is to be one of four plants in Europe that will build the new Astra.

Listen to this page
A-Z of Services
Contact Us
Site Map
Print this Page


Advanced Search
start

What are Permitted Development Rights?

What are Permitted Development Rights?

Some building works of a minor nature can be carried out without the need to obtain planning permission - this is called 'permitted development'.

This often depends also on whether your house has been extended in the past. If you live in a house, you can make certain types of minor changes to your home without needing to apply for planning permission. These are called "permitted development rights". They derive from a general planning permission granted not by the local authority but by Parliament.


The General Permitted Development Order (GPDO) automatically grants planning permission for certain types of development (criteria apply), otherwise a planning application may have to be submitted to the Council. Under Planning legislation all development (building works, material changes of use of land and buildings etc) requires planning permission. Because certain types of development are very minor or innocuous, however, it does not make sense for people to have to go to the trouble of seeking planning permission. The GPDO therefore, saves time and resources by permitting certain types of development. These permissions are known as "permitted development rights" and are set out in the GPDO in various classes according to the type of development involved. These rights do not apply to flats or apartments.


Even if you now only want to put a conservatory on the back of your house, if you have previously had an extension, chances are you might need planning permission for the conservatory. Even if you have had no previous extensions, to give you an idea here are some examples of the type of extensions that in most cases need planning permission:

Advice will always be given by staff, and it is advisable to seek this as early as possible and certainly before you start considering undertaking any work. A short amount of time spent obtaining advice can save a great deal of wasted time and possible problems later, particularly if you are in the process of selling your house.

Restrictions on Permitted Development Rights

In some areas of the Borough permitted development rights are more restricted. If you live in a conservation area you will need to apply for planning permission for certain types of work which do not need an application in other areas. If your proposal affects a listed building, it will be necessary to obtain Listed Building Consent before undertaking any work.


Listed Buildings are protected by law and it is an offence to carry out works to them without consent. Contact Planning Services if you are uncertain whether a building is listed. If you are thinking of carrying out works to a Listed Building, you are strongly advised to seek the advice of a professional agent.


In other cases, you should also note that the Council may have removed permitted development rights for your property when planning permission was initially granted for it to be built. This will mean that you have to submit a planning application for work which normally does not need one. You can check with the council if you are not sure if this applies to your property.


How can I tell if I need planning permission?

We strongly recommend that you always check with the Council before proceeding to build.
If you intend to do work that you believe is permitted development but you may want confirmation of this we are able to help you. You can get formal confirmation that planned works are eligible for permitted development rights by making an application under Section 192 (Lawful Development Certificate of proposed Use or Development).


You may have already made alterations which you believe are covered by permitted development rights but which a prospective purchaser or their solicitor may want proof of as being legal. If you have completed the works but are being challenged as to their status with regard to permitted development rights you make may an application under Section 191 (Lawful Development Certificate) of existing Use or Development) to establish validity.


Lawful Development Certificate (LDC's) issued under Sections 191 and 192 are the only certain ways or ensuring the work is lawful or doesn't need planning permission. Further information on LDCs can be found here: -

 

Return to Planning application forms and guidance

Return to Planning hompage