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.

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. There are also different requirements if your house is a listed building.

 

 

RADICAL NEW PLANNING RULES FOR HOME IMPROVEMENTS

From the 1^st October 2008, new planning regulations will come into force, which mean that many extensions which have previously required planning permission can now be constructed without the need to apply to the Local Authority. However, some proposals which were previously “permitted development” will now require planning permission, including, for example, all conservatories or rear extensions over 3m in length.

As well as new size limits for extensions and roof alterations, the new regulations prevent householders from installing driveways, parking areas and hard standings of more than 5 square metres in area, in their front gardens, without planning permission, unless they have permeable surfaces. New controls have also been introduced for balconies, verandas and decking.

The Planning Portal provides information relating to the need for planning permission on their web page at http://www.planningportal.gov.uk/.

However, home owners should be aware that the Planning Portal is unable to give specific advice relating to individual properties. For example, it does not contain information on whether or not a property is Listed, located within a Conservation Area or subject to restrictive conditions attached to previous planning permissions.

Therefore, householders who are considering undertaking works to their properties are advised to use the Council’s Permitted Development Enquiry Service which will provide written confirmation of whether or not planning permission is required, which is often required by purchaser’s solicitors. The current fee for this service is £35 and an application form can be downloaded here.

It is good practice to let your neighbours know about work you intend to carry out to your property. They are likely to be as concerned about work which might affect them as you would be about changes which might affect your enjoyment of your own property. For example, your building work could take away some of their light or spoil a view from their windows. If the work you carry out seriously overshadows a neighbour's window and that window has been there for 20 years or more, you may be affecting his or her "right to light" and you could be open to legal action. It is best to consult a lawyer if you think you need advice about this.

You may be able to meet some of your neighbour's worries by modifying your proposals. Even if you decide not to change what you want to do, it is usually better to have told your neighbours what you are proposing before you apply for planning permission or before building work starts.

If you do need to make a planning application for the work you want to carry out, the council will ask your neighbours for their views.

If you or any of the people you are employing to do the work need to go on to a neighbour's property, you will, of course, need to obtain his or her consent before doing so.

 

Everybody's taste varies and different styles will suit different types of property. Nevertheless, a well-designed building or extension is likely to be much more attractive to you and to your neighbours. It is also likely to add more value to your house when you sell it. It is therefore worth thinking carefully about how your property will look after the work is finished.

Extensions often look better if they use the same materials and are in a similar style to the buildings which are there already.  It is impossible to give a single definition of good design in this context: there may be many ways of producing a good result.  You may wish to consider using a suitably, qualified, skilled and experience designer.

 

You may feel that your home is secure against burglary and you may already have taken some precautions such as installing security locks to windows. However, alterations and additions to your house may make you more vulnerable to crime than you realise. For example, an extension with a flat roof, or a new porch, could give access to upstairs windows which previously did not require a lock. Similarly, a new window next to a drainpipe could give access. Ensure that all windows are secure. Also, your alarm may need to be extended to cover any extra rooms or a new garage. The crime prevention officer at your local police station can provide helpful advice on ways of reducing the risk.

 

Light itself, and minor domestic light fittings, are not subject to planning controls. Nevertheless, if you are planning to install external lighting for security or other purposes, you should ensure that the intensity and direction of light does not disturb others. Many people suffer extreme disturbance due to excessive or poorly-designed lighting. Ensure that beams are NOT pointed directly at windows of other houses. Security lights fitted with passive infra-red detectors (PIRs) and/or timing devices should be adjusted so that they minimise nuisance to neighbours and are set so that they are not triggered by traffic or pedestrians passing outside your property. A neighbour might take you to court if you are negligent or cause nuisance.

 

Covenants or other restrictions in the title to your property or conditions in the lease may require you to get someone else's agreement before carrying out some kinds of work to your property. This may be the case even if you do not need to apply for planning permission. You can check this yourself or consult a lawyer. You may also find that some properties enjoy historic rights. The council has no involvement in checking or enforcing your private rights such as a "right to light".   You may also need other consents to undertake your work.