Whilst permitted development rights apply to selected groups of potential developers - such as householders, there may still be other restrictions imposed on specific properties that should be taken into account:
- is your property a listed building? If so you should be especially cautious when planning to carry out works on their property, as undertaking unauthorised works to a listed building could be a criminal offence.
- is your property is located within a conservation area?
- is your property subject to an Article 4 Direction? This may mean that you have fewer permitted development rights than other properties nearby
- have restrictions been placed on your property by earlier planning permissions?
- if trees need to be removed or reduced are they protected trees?
If you are confident that you do not need planning permission or building regulations consent you can start work without contacting us.
However if the works did need permission or approval and the matter is reported to us you may become the subject of a planning compliance or building regulations contravention investigation. This could ultimately result in a fine and/or us serving notice on you to remove the alteration and restore the property to how it was before you started. This work would have to be carried out at your own expense.
So, even if you are certain that the work you are undertaking do not need planning permission or building regulations approval, we recommend that you contact us to obtain written confirmation, if only for peace of mind.
It is also worth considering that should you ever come to sell your property, you may be asked to provide evidence that you did not need permission for the works.
Due to an increase in application submissions and a lack of resources, the provision of Permitted Development advice is being suspended from 3 June 2019.
There remain a number of ways which you can assess whether your proposed development would be permitted development, either through the Planning Portal Interactive House tool that advises on permitted development and Building Regulations for householder developments, or the submission of an application for a Lawful Development Certificate (Proposed).
|Lawful Development Certificate (proposed)|
This is a formal process through which the Council will consider your proposed development in detail and issue a lawful development certificate, stating whether or not planning permission is required.
The statutory timescale for dealing with an application for a Lawful Development Certificate is 8 weeks.
This certificate will have full legal weight and will be considered binding on the Council.
If we determine that your proposed development is not 'permitted development', you have a further right to appeal to the Planning Inspectorate.
Details of how to submit a Lawful Development Certificate, together with our fees and charges can be found on our apply for planning online tool.
If you know you are going to need planning permission or prior approval for your proposed development you have two options:
- if you are unsure whether or not your proposed works will be granted planning permission and want further advice before submitting a formal application, you can prepare and submit a pre-application advice enquiry to us, or
- submit your planning application for consideration.
Please refer to our online planning and building application tool to determine which type of application you need to submit and what supporting documentation you need to provide to support your application.