Friday 6 September 2013

'Light-touch' planning regulations for conservatories and extensions

For the next 3 years more households should feel able to have building work done thanks to some relaxation in the planning regulations introduced by the government on 30 May 2013. Which is good news for the building sector! It has been introduced nationally to encourage development to take place and speed up its delivery by removing local authority control - all in an attempt to revive the economy. 

There are a number of changes, which are as follows:
Single storey rear extension to houses: At present, it is possible to build a 4 metre deep single storey rear extension onto the original rear wall of a detached house and a 3 metre deep single storey rear extension onto an attached house as permitted development, i.e. without the need for planning permission. This right remains, but a new procedure (called “prior approval”) is to be introduced which may allow extensions up to double this size without planning permission (up to 8 metres deep for a detached house and 6 metres deep for an attached house). This does not apply in conservation areas, though.
The process for all other extension works under Part 1 of the GPDO will remain the same (i.e. no more than half the garden area around the house etc), but anyone proposing a 3m-6m or 4m-8m extension must write and provide a plan and written description of the proposal. There is no planning application fee.
The Council is required to consult the immediately adjoining premises only, with a minimum consultation period of 21 days. If no objections are received from the consulted adjoining neighbours, the development can go ahead. If an adjoining neighbour objects, then the prior approval of the local planning authority is required. Planning Officers will then need to consider the impact of the development only on the amenity of the immediate neighbours. Other factors, such as green belt, design and appearance cannot be considered under this prior approval procedure. Only where there is clearly excessive harm to neighbouring amenity will Officers be in a position to refuse prior approval.
This whole process has to be done within a total of 42 days from first receipt of the information submitted, otherwise, no matter whether there is an objection from an immediate neighbour or from the Council, the development can proceed. There is a right of appeal against a refusal.
The legislation requires that any 3m-6m or 4m-8m extension “shall be completed on or before 30th May 2016″.  

It is therefore a temporary additional permitted development right for 3 years only.

The legislation also requires that “the developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion”.