PLANNING ISSUES
NFTS Construction has identified the main criteria and issues surrounding planning for our products and your projects.
We also have valuable skills available for you including Architectural, Surveying and Planning services.
**UPDATED JANUARY 2009** |
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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
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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)
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DEFINITIONS
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 click here
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.
DISCLAIMER
The above information should only be used as a guideline. Please ask us to assess your project individually to help a smooth completion |
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