Planning Law

Part 1

This Part specifically deals with development within the curtilage of a house. Part 1 is then sub-divided into Classes covering various types of development:

Class A – the enlargement, improvement or alterations to a house such as rear or side extensions as well as general alterations such as new windows and doors. 

There is a neighbour consultation scheme for larger rear extensions under Class A, paragraph A.1(g).

Class B –  additions or alterations to roofs which enlarge the house such as loft conversions involving dormer windows.

Class C – other alterations to roofs such as re-roofing or the installation of roof lights/windows.

Class D – the erection of a porch outside an external door.

Class E –  the provision of buildings and other development within the curtilage of the house.

Class F – the provision of hard surfaces within the curtilage of the house such as driveways.

Class G – the installation, alteration, or replacement of a chimney, flue or soil and vent pipe.

Class H – the installation, alteration, or replacement of microwave antenna such as satellite dishes.

Please refer to The Town and Country Planning (General Permitted Development) (England) Order 2015.

Part 2

This Part of the permitted development order relates to minor operations.

Class A –  The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Class B – means of access to a highway.

Class C – exterior painting

Class D –  electrical outlet for recharging vehicles

Class E – electrical upstand for recharging vehicles

Class F – closed-circuit television cameras

Please refer to The Town and Country Planning (General Permitted Development) (England) Order 2015.

There are two types of applications:

1. Certificates of Lawful Existing Use or Development
2. Certificates of Lawful Proposed Use or Development

This application is not assessed based on its planning merits; the National Planning Policy Framework and Local Policies and Plans are not taken into account. The application is based on fact, evidence, and legal consideration. 

A lawful development is where no enforcement action may be taken or is in force, or where planning permission is not required.

Application Types

Certificates of Lawful Existing Use or Development

This type of application is applied for where you wish to establish the lawfulness of an authorised development, under permitted development rights, or by the passage of time:

• The development has existed for more than four years in the case of residential use, the erection of a building, an extension, or other built development.
• The use has existed for more than four years in the case of changes of use or breach of condition.

Certificate of Lawful Proposed Use or Development

This type of application is applied for where you wish to establish the lawfulness of proposed use or development, under permitted development rights, or for some other reason.

Applying

An application for a Certificate of Lawfulness is similar to a planning application where it would need to meet national and local council validation requirements:

• Application Form 
• Site Location Plan
• Existing and Proposed Plans – Floor, Elevation, Section
• Evidence – e.g. Affidavits, Bills
• Fee

Advice

Obtaining this Certificate of Lawfulness from the council is mandatory at times, or can be advisable. It’s always a good idea to get the Certificate to ensure any unauthorised development or ambiguity is formally determined by the council stating it is lawful. 

This could save you from planning enforcement action, or trying to provide this document at the time of selling as a buyer’s solicitor may insist on this before any agreement, which results in an unnecessary delay or the offering being withdrawn as it can take up to eight weeks for the council to issue the Certificate.

It is important to note the onus on the applicant to demonstrate and provide evidence relating to its lawfulness. Without this information, it can be refused based on lack of evidence.

Listed Buildings are categorised into three:

• Grade I for buildings of the highest significance
• Grade II* and
• Grade II

Outbuildings and boundary walls are also usually protected by the listing. 

As they are listed, there is extra control in terms of any alterations to the exterior and interior of the buildings. Listed Building Consent is required for most types of work that affect the special architectural or historic interest of the building.

It is a criminal offence to carry out any works to a Listed Building or structure where prior consent is required. It is advised to consult a qualified professional and builder with experience when intending to carry out any works. Maintenance and repair works which match the original work of a Listed Building does not usually require consent, however, the materials and methods must be similar.

The buildings are listed on the National Heritage List for England

Applying for Listed Building Consent

Checking with the Conservation Officer at the Local Authority would be the first step to see whether consent is required or not. They can provide an outline of what might be acceptable and what changes may need to be made to ensure consent is granted. This would usually be through a formal process known as Pre-application advice. 

An application for LBC is similar to a normal planning application, it would need to meet validation requirements:

• Ownership certificates
• Design and access statement
• Scaled drawings and plans.
• Heritage statement (depending on local council)
• Photographs (depending on local council)

The fee for an LBC application is free.

It can take up to eight weeks for a decision to be issued, which includes a 21 day statutory consultation period for interested parties to comment, e.g. neighbours etc.

Planning Permission 

Applying for planning permission is a separate process which would be required where development is beyond permitted development rights or the local authority has an Article 4 Direction removing permitted development rights. In some cases, you may need to apply for Listed Building Consent and planning permission depending on the proposed development.

Submitting a planning application for a Listed Building would be the same as required for a non-listed building.

S106 Agreements

Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; also known as planning obligations.

Section 106 agreements are drafted to mitigate the impact of development proposals; restrictions on the use of the land or the operation of the development or to make contributions towards the local infrastructure and facilities.

New development can add pressure on the social, physical and economic infrastructure. The planning obligation helps to improve the area, and where possible make contributions to support the development impact on the local infrastructure.

The legal agreement usually covers the following areas

• Affordable Housing
• Education
• Highways
• Public Open Space
• Town centre Improvements

The content of the S106 agreement is agreed through the consultation period of the planning application with the relevant parties and planning officer. An application can not be determined until the S106 agreement has been completed with the Local Authority.

Unilateral Undertakings

If the proposal is for a minor development you have the option of completing a Unilateral Undertaking, rather than a full S106 Legal Agreement.

A Unilateral Undertaking is a simplified version of a planning agreement, which is quick and straightforward to complete and is agreed by the landowner and any other party with a legal interest in the site. This can help speed up the process of securing planning permission.

A Unilateral Undertaking consists solely of the payment of financial contributions, to be paid prior to commencement of development. It includes an obligation to pay the Council’s costs in monitoring and managing the implementation of the planning obligation.

CIL – Community Infrastructure Levy

The Community Infrastructure Levy is a charge which can be levied by local authorities on new development in their area to help them deliver the infrastructure needed to support development in their area.

The charge for CIL varies according to the local authority who set the schedule depending on the area. The levy is due when development is commenced.

There are some reliefs and exemptions for development related to residential annexes and extensions, minor development, charitable and social development, self-build etc. There are conditions that need to be met to apply for these benefits.

Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the erection of single-storey side and rear extensions, subject to limitations and conditions. 

Some of the limitations are:

• Single storey rear extensions can extend up to 4 metres for a detached house, and 3 metres of any other house.
• Under prior approval notification, it can extend up to 8 metres for a detached house, and 6 metres of any other house.
• It can be extended up to 4 metres in height
• Side extensions can be extended up to half the width of the house.

Some of the conditions are:

• The materials used in the extension must be similar to the existing house.
• Any upper floor window of the side elevation must be obscured and non-opening below 1.7 metres of the floor of the room.

Please refer to this legislation.

Class E of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the erection of buildings, enclosures, pools and containers subject to limitations and conditions. 

In addition to complying with the limitations, the condition is that it needs to be used incidental to the main house. Here is a list of some examples:

• Shed
• Office
• Garage
• Greenhouse
• Gym
• Store room
• Swimming pool
• Kennels 

Please refer to this legislation.

Class B of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the addition or alteration to a roof of a house, subject to limitations and conditions. 

Some of the limitations are:

• The dormer must not exceed the highest part of the roof of the house.
• The dormer cannot be erected on the front of the house.
• The cubic content of the roof space must not exceed 40 cubic metres for a terrace house, and 50 cubic metres for any other house.

Some of the conditions are:

• The materials used in the exterior work must be similar to the existing house.
• The dormer must be set back from the eaves by 0.2 metres.
• Any window on a side elevation must be obscured and non-opening below 1.7 metres of the floor of the room.

Please refer to this legislation.