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Town and Country Planning _General Permitted Development

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Town and Country Planning _General Permitted Development Powered By Docstoc
					Town and Country Planning
(General Permitted Development)
(Amendment) (No. 2) (England)
Order 2008

Keith Holmes
Planning and Development Manager
                           PD Permitted Development Presentation




      Amendment to GPDO

Part 1 Development within the Curtilage of a
              Dwellinghouse
                                PD Permitted Development Presentation



General comments:
• Poorly drafted
• No explanatory circular
• No agreement about interpretation
• No clarification through courts or Inspectorate
yet
• More restrictive in some areas
• Unintended consequences
                                  PD Permitted Development Presentation




8 different classes of development:

Class A – The enlargement, improvement or other
alteration of a dwellinghouse

Permitted development unless it specifies otherwise.

Excludes: porches and roof extensions.
                                    PD Permitted Development Presentation


Main considerations in deciding whether an
extension is pd:

•   Position – front, side, rear, proximity to boundary
•   No of storeys
•   Height – eaves, roof
•   Size – width, depth
•   Design
•   Materials

Note: no volume restriction
                                   PD Permitted Development Presentation



Definitions:

• ‘Principal elevation’ – not defined, but usually
  the front
• ‘Original dwellinghouse’ – defined as the
  house as it was first built or as it stood on 1st July
  1948 (if it was built before that date)’.

  Can a house have more than one principal
  elevation?
                                  PD Permitted Development Presentation


 Conditions:

1. Materials:
  “The materials used in any exterior work (other
  than materials used in the construction of a
  conservatory) shall be of a similar appearance to
  those used in the construction of the exterior of
  the existing dwellinghouse.”
PD Permitted Development Presentation
                                        PD Permitted Development Presentation


  Conditions:
1. Materials:
  “The materials used in any exterior work (other than
  materials used in the construction of a conservatory) shall
  be of a similar appearance to those used in the
  construction of the exterior of the existing dwellinghouse.”


      - Construction! (not existing)
      - No definition of ‘similar’
      - No definition of conservatory
      - Dormer windows?
PD Permitted Development Presentation
PD Permitted Development Presentation
                                  PD Permitted Development Presentation



2. Any upper floor window in a side elevation (wall
   or roof slope) shall be:
   (i) obscure glazed, and
   (ii) non-opening unless the opening part is more
   than 1.7m above the floor

- No definition of obscure
glazed
- Doesn’t matter whether
there is any overlooking or not
- Takes away existing PD rights
for new windows in existing
house?
                                         PD Permitted Development Presentation


Conditions:
3. Where more than one storey the roof pitch of the
   extension shall ‘so far as is practicable’ be the same as the
   roof pitch of the original dwellinghouse.
       - What is or isn’t practicable?
       - Original dwellinghouse – not existing!
                                 PD Permitted Development Presentation


Note:

 More restrictive PD rights for houses in
 Conservation Areas


 Listed Building Consent is required for any
 extension or alteration to a listed building.
                                         PD Permitted Development Presentation


Restrictions
A.1 Development is not permitted by Class A if –

   (a) as a result of the works, the total area of ground covered by
   buildings within the curtilage of the dwellinghouse (other than
   the original dwellinghouse) would exceed 50% of the total
   area of the curtilage (excluding the ground area of the original
   dwellinghouse);

   - Curtilage – not ownership
                                        PD Permitted Development Presentation

(b) the height of the part of the dwellinghouse enlarged,
     improved or altered would exceed the height of the highest
     part of the roof of the existing dwellinghouse.
                            PD Permitted Development Presentation



Note:
 Highest part of roof – not necessarily the
 part where the extension is!
                                        PD Permitted Development Presentation

(c) the height of the eaves of the part of the dwellinghouse
     enlarged, improved or altered would exceed the height of
     the eaves of the existing dwellinghouse;
                           PD Permitted Development Presentation


Note:
May be more than one eaves of the house
                                            PD Permitted Development Presentation

(d) the enlarged part of the dwellinghouse would extend beyond a
     wall which –
     (i) fronts a highway, and
     (ii) forms either the principal elevation or a side elevation of
     the original dwellinghouse.
                                 PD Permitted Development Presentation




Note: What is a highway?

   Public footpath
   Private drive

   What is fronting?

   Houses that sit at an angle
                                         PD Permitted Development Presentation




(e) the enlarged part of the dwellinghouse would have a single
     storey and –

    (i) extend beyond the rear wall of the original dwellinghouse
    by more than 4 metres in the case of a detached
    dwellinghouse, or 3 metres in the case of any other
    dwellinghouse, or
    (ii) exceed 4 metres in height;
                                        Current extensions to ‘original house’


     Single           4m
    storey
      rear
   extension




Original House
Existing extensions

No extensions
PD extensions

                           The Street
Rear extension



                                            Rear or side extension?
                         3m




                              3m




  NO.2                             No.6
                                          Original House
                                          Existing extensions

                                          No extensions
                                          PD extensions

                 THE STREET
                            PD Permitted Development Presentation


Rear elevation




                       4m




 Original House
 Existing extensions

 No extension
 PD extension
                                         PD Permitted Development Presentation


(f) the enlarged part of the dwellinghouse would have more than
     one storey and –
     (i) extend beyond the rear wall of the original dwellinghouse
     by more than 3 metres, or
     (ii) be within 7 metres of any boundary of the curtilage of
     the dwellinghouse opposite to the rear wall of the
     dwellinghouse;
                                        PD Permitted Development Presentation




(g) the enlarged part of the dwellinghouse would be within 2
     metres of the boundary of the curtilage of the dwellinghouse,
     and the height of the eaves of the enlarged part would exceed
     3 metres.




                                4m

                                                      Eaves
    Rear elevation                                    3m


                                                       <2m
                                          PD Permitted Development Presentation




(h) the enlarged part of the dwellinghouse would extend beyond
     a wall forming a side elevation of the original dwellinghouse,
     and would –

           (i) exceed 4 metres in height
           (ii) have more than one storey, or
           (iii) have a width greater than half the width of the
                original dwellinghouse
             PD Permitted Development Presentation




                     Original House
The Street           Existing extensions

                     No extensions
                     PD extensions
                                         PD Permitted Development Presentation


Side extension




   3m
  eaves                                                        4m

           4m

  <2m                            Half Width                >2m


                 Flat roof or Pitched roof
                                                     Original House
                                                     Existing extensions

                                                     No extension
                                                     PD extension
                                          PD Permitted Development Presentation


(i) it would consist of or include-
      (i) the construction or provision of a veranda, balcony or
      raised platform,




                                          Note: raised decking is
                                          anything above 300mm
                                            PD Permitted Development Presentation


(i)   it would consist of or include-

      (ii) the installation, alteration or replacement of a microwave
      antenna,
      (iii) the installation, alteration or replacement of a chimney,
      flue or soil and vent pipe, or
      (iv) an alteration to any part of the roof of the dwellinghouse.


All dealt with in other PD Classes
                                          PD Permitted Development Presentation


Conservation areas

No Permitted Development Rights for:

•   cladding of any part of the exterior of the dwellinghouse
    with stone, artificial stone, pebble dash, render timber plastic
    or tile;

•   Side extensions

•   Two storey rear extensions

•   Roof extensions
                                                     PD Permitted Development Presentation

Class B - Roof extensions and alterations
Development is not permitted by Class B if –
(a) any part of the dwellinghouse would as a result of the works, exceed the height
of the highest part of the existing roof;
                                                    PD Permitted Development Presentation


(b) any part of the dwellinghouse would as a result of the works, extend beyond the
plane of any existing roof slope which forms the principal elevation of the
dwellinghouse and fronts a highway;
                                                     PD Permitted Development Presentation

(c) the cubic content of the resulting roof space would exceed the cubic content of
the original roof space by more than-
         (i) 40 cubic metres in the case of a terrace house, or
         (ii) 50 cubic metres in any other case;
                               PD Permitted Development Presentation


Note:
 ‘resulting roof space’ means the roof space as
 enlarged, taking into account any enlargement to
 the original.
                                               PD Permitted Development Presentation

(d) it would consist of or include-
         (i) the construction or provision of a veranda or raised
platform or
         (ii) the installation, alteration or replacement of a chimney,
flue or soil and vent pipe;
(Covered under other PD Classes)
(e) The dwellinghouse is on article 1 (5) land*
* Conservation areas
             PD Permitted Development Presentation

Conditions
             PD Permitted Development Presentation

Conditions
                                                        PD Permitted Development Presentation

Class C - Any other alteration to a roof of a dwellinghouse
Development not permitted by Class C if -
(a) The alteration would protrude more than 150 millimetres beyond the plane of the
    slope of the original roof when measured from the perpendicular with the external
    surface of the original roof;
(b) It would result in the highest part of the alteration being higher than the highest part of
    the original roof; or
                                                     PD Permitted Development Presentation



(c) it would consist of or include –
         (i) the installation, alteration or replacement of a chimney, flue or soil
and vent pipe, or
(Covered under other PD Class)
         (ii) the installation, alteration or replacement of solar photovoltaic's or
solar thermal equipment
(Covered under Part 40 ‘Installation of Domestic Microgeneration Equipment)
                                        PD Permitted Development Presentation


Class E - Outbuildings
Permitted Development
The provision within the curtilage of the dwellinghouse of-
       (a) any building or enclosure, swimming or other pool
       required for a purpose incidental to the enjoyment of the
       dwellinghouse as such, or the maintenance, improvement
       or other alteration of such a building or enclosure; or
       (b) a container used for domestic heating purposes for the
       storage of oil or liquid petroleum gas.
                                PD Permitted Development Presentation



Interpretation of Class E

E.4 For the purposes of Class E ‘purpose incidental
to the enjoyment of the dwellinghouse as such’
includes the keeping of poultry, bees, pet animals,
birds or other livestock for the domestic needs of
personal enjoyment of the dwellinghouse.
                                               PD Permitted Development Presentation

Restrictions
Development not permitted if:
(a) the total area of ground covered by buildings, enclosures and containers
within the curtilage (other than the original dwellinghouse) would exceed 50%
of the total area of the curtilage (excluding the ground area of the original
dwellinghouse);
                                             PD Permitted Development Presentation



(b) any part of the building enclosure pool or container would
be situated on land forward of a wall forming the principal
elevation of the original dwellinghouse;




                       Principal Elevation

X                                                         Original House
                                                          Existing extensions
                                                          No extensions
                      Principal Elevation                 PD outbuildings
                                              PD Permitted Development Presentation



(c) the building would have more than one storey;




                                                                X
                                                     PD Permitted Development Presentation

(d) the height of the building, enclosure or container would exceed –
         (i) 4 metres in the case of a building with a dual-pitched roof,
         (ii) 2.5 metres in the case of a building, enclosure or container within 2
         metres of the boundary of the curtilage of the dwellinghouse or;
         (iii) 3 metres in any other case;                      Original House
                                                               Existing extensions
                                                               No extensions
                                                               PD outbuildings




                   2.5 m
                                                                  4m                 2.5m

   <2m
                                                                                     >2m
                                         PD Permitted Development Presentation



e) the height of the eaves of the building would exceed 2.5 metres




                                2.5m

                                                      Original House
                                                      Existing extensions
                                                      No extensions
                                                      PD outbuildings
                                                   PD Permitted Development Presentation


(f) the building, enclosure, pool or container would be situated within the curtilage
      of a listed building;
(g) it would include the construction or provision of a veranda, balcony or raised
      platform;
(h) It relates to a dwelling or a microwave antenna; or
               (i) The capacity of the container would exceed 3,500 litres.


E.3 In the case of any land within the curtilage of the dwellinghouse which is
    article 1(5) land*, development is not permitted by Class E if any part of the
    building, enclosure, pool or container would be situated on land between a
    wall forming a side elevation of the dwellinghouse and the boundary of the
    curtilage of the dwellinghouse.

* Conservation areas
                                           PD Permitted Development Presentation


        Advice that is available regarding PD

• Planning Technicians can only give limited informal advice to
written and telephone enquiries.
• As with all enquiries it will be of the opinion of the Officer and
not a binding decision by the Council.
• The Council recommends a Certificate of Lawfulness for
proposed use is applied for to receive a formal decision.
• The Planning Portal website has the latest PD legislation along
with common projects when planning permission is not
required, we advise you to view this before any general enquiry
is sent to us.
                           PD Permitted Development Presentation




  We will only confirm that works are
Permitted Development in response to a
  formal application for a Certificate of
               Lawfulness
                               PD Permitted Development Presentation



Why?
• Circumstances are changing all the time.
  Interpretations, case law, appeal decisions
  Advice may turn out to be wrong
  Potential compensation claims and
  ombudsman complaints
                             PD Permitted Development Presentation



Why?
• Informal decisions are open to challenge
  Aggrieved neighbours
  Formal complaints

• Certificatesof Lawfulness have legal
     status and give certainty
                             PD Permitted Development Presentation



Why?
• Resources
  12% staff reductions
  Assumptions of reduced workload
  PD advice requires more work – history,
  research, site visit,
  Decision making needed
Town and Country Planning
(General Permitted Development)
(Amendment) (No. 2) (England)
Order 2008

Keith Holmes
Planning and Development Manager

				
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