UPDATED JANUARY 2009
Many property developers are aware of the complex laws of “Permitted Development” and quietly use them to their advantage. For the average home owner though, the significant benefits and opportunities available under these complex laws remains a mystery.
- The complex laws of permitted development are planning laws that have been passed by Parliament rather than the Local Authority. Planning permissions are achieved through the issuing of a “Lawful Development Certificate” by the Local Authority and the permission granted is full planning permission, achieved through the permitted development route.
- The highly restrictive Government policies used to determine formal planning applications, simply do not apply to proposals submitted under the permitted development laws via the Lawful Development Certificate (LDC) route.
- Planning approvals achieved through permitted development typically take between 4-8 weeks, unlike formal planning applications which can take several months for a decision to be made.
- In many cases, we have been able to achieve full planning permission through permitted development, for proposals that had been previously refused when submitted through the formal planning permission route.
- When you apply for planning permission through permitted development, you are not required to advertise your proposal in any way, nor are your neighbours notified of the proposal at any stage. This is because the application is dealt with using planning laws only, and therefore many of the usual restrictions and requirements do not apply.
- The planning permissions achieved through permitted development (LDC) carry no expiry limitations, unlike formal planning permission which typically expires within 3 or 5 years.
- Permitted development planning permission has been successfully used for many moderate extensions, as well as full loft conversions including rear dormer windows. However most of our approvals are for substantial detached single storey buildings located within the garden. These buildings can cover 50% of the total garden and be used in a wide variety of ways including, guest annex, home office, summerhouse, gym, garage, stable, workshop, storage, music or hobby rooms and many other uses that you may decide upon.
- Once your permitted development application has been approved, if so desired, you can then use it as significant leverage with the Local Authority as a trade off, to help gain a larger or more ambitious formal planning application approved. The LDC may be the “material consideration” needed for a formal planning application to ultimately be approved.
- Most property types are eligible for permitted development, though restrictions do typically apply to flats, listed buildings and properties within conservation areas.
“Permitted Developments” that do not usually require planning permission include outbuildings. Outbuildings can cover; sheds, garages, greenhouses, accommodation for pets and domestic animals, summer houses, swimming pools, ponds, sauna cabins and enclosures
The majority of log cabin installations need no planning permission. However, please find below a checklist from Copperwood log cabins to help you decide if you need planning permission or not.
This type of building is an outbuilding and is classified as “Permitted Development” and usually should not require planning permission.
Outbuildings can include; sheds, garages, greenhouses, accomodation for pets and domestic animals, summer houses, swimming pools, ponds, sauna cabins and enclosures
You will need to apply for planning permission if any of the following cases apply on the land around your house.
- More than half the area of land around the "original house" would be covered by additions or other buildings.
- The building or structure is not to be used for domestic purposes and is to be used instead, for example, for parking a commercial vehicle, running a business or for storing goods in connection with a business.
- You want to put up a building or structure which would be nearer to any highway than the nearest part of the "original house", unless there would be at least 20 metres between the new building and any highway. The term "highway" includes public roads, footpaths, bridleways and byways.
- You want to put up a building or structure which is more than 3 metres high, or more than 4 metres high if it has a ridged roof. (Measure from the highest ground next to it.)
- If your house is a listed building, and you want to put up a building or structure with a volume of more than 10 cubic metres.
- If you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty, or the Broads, and you want to put up a building or structure with a volume of more than 10 cubic metres (though it might be allowable as an extension)
The term "original house" means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.
NB: in all cases, if your new building would have a volume over 10 cubic metres, and come within 5 metres of the house, it would be treated as an extension. Also, if your new extension would bring some existing garden building within 5 metres of the (extended) house, that existing building's volume could be deducted from your overall volume entitlement for the house, as if it were another extension.
For guidance on calculating the volume of a building or extension, please refer to the link below;
http://www.planningportal.gov.uk/england/genpub/en/1115311947796.html
Local planning conditions may prevail and it is always best to contact your local planning office for clarification.
Refer to the planning guidelines published by the Department for Communities and Local Government.
Section B deals with buildings in your garden.
Note that for buildings in excess of 30m2 you may require building regulations approval. Please check with your local Planning Office. In some cases, a Legal Development Certificate may be granted.
Building Regulations
If you want to put up small detached buildings such as a garden shed or summerhouse in your garden, building regulations will not normally apply if the floor area of the building is less than 15 square metres.
If the floor area of the building is between 15 square metres and 30 square metres, you will not normally be required to apply for building regulations approval providing that the building is either at least one metre from any boundary or it is constructed of substantially non-combustible materials.
In both cases, building regulations do not apply ONLY if the building does not contain any sleeping accommodation.
Copperwood Log Cabins Disclaimer
This is a guide and is not a definitive source of legal information. If you are in any doubt you should contact your local planning authority before undertaking any work.
For building regulations unless you have a reasonable working knowledge of building construction it would be advisable before any work is started to obtain appropriate professional advice which is relevant to the building work you want to carry out (e.g. from an architect, a structural engineer, a building surveyor, a heating engineer or replacement window specialist) and to choose a registered builder, or a registered installer, to carry out the work.
Please follow the link to the Government planning portal for planning guidance;
http://www.planningportal.gov.uk/england/genpub/en/1115315233153.html
or;
