Permitted Development in the Green Belt

Above, the Bothy, an example of planning granted for an extension in a Conservation Area within the Hertfordshire Green Belt.

A London and South-East Focus

Permitted development rights offer homeowners the ability to make certain alterations to their properties without the need to apply for planning permission. Permitted development can be a useful tool when extending your home especially if your home falls within the Green Belt.

The demonstration of permitted development rights can provide a vital fallback position of potentially greater levels of development to help sway that ultimate re-modelling of your home for the Council to accept.

The use of permitted development even within the Green Belt can be a useful strategy tool, but is not all encompassing and you may require full planning permission depending on the properties individual circumstances or a mixture of permitted development and planning consent.

Key Differences Between London and the South East

One of the primary differences lies in the Article 4 Directions implemented by local authorities. These directions can restrict or remove permitted development rights in specific areas, often in response to concerns about overdevelopment or the impact on local character. In London, Article 4 Directions are more prevalent, particularly in conservation areas and locations of heritage buildings. This means that homeowners in London may have fewer permitted development rights available to them compared to those in the South East. Something well worth considering before putting pencil to paper and designing your new extensions.  

Does the Green Belt affect Permitted Development rights?

The Green Belt is a designated area of land surrounding major urban areas in England, its intention is to prevent urban sprawl, protect the countryside, and promote sustainable development.

While the Green Belt is generally protected from development, there are exceptions, one of which is Permitted Development rights. These rights allow certain types of development to take place without requiring planning permission. This is good news within the Green Belt given permitted development rights in these locations are rarely restricted.

What Permitted development rights do I have in the Green Belt?

If you home falls within the Green Belt, then you may have all of your Permitted Development rights, but when considering an extension, homeowners should be aware of the following:

• Size and Height Restrictions: Permitted development rights have specific limitations on the size and height of extensions. Exceeding these limits will require planning permission.
• Material Restrictions: The materials used for extensions must be of a similar appearance to the existing property. This can become quite complicated in Conservation Areas and built heritage.
• Roof Extensions: Roof extensions are generally permitted, but there are restrictions on their size and height and in particular restrictions if located within Article 2 (3) land.
• Side Extensions: Side extensions are permitted unless within Article 2 (3) land, but their size is limited to a certain percentage of the width of the original house.
• Rear Extensions: Rear extensions are generally permitted, but their size and height are subject to specific regulations.
• Conservatories: Conservatories are treated the same as extensions in the eyes of planning, but have differing requirements for Building Regulations.
• Replacement Dwellings: The replacement of existing dwellings will require planning permission. For these types of development, it is vital to have a team in place to guide you through the complexities of the planning system.
• Renewable Energy Installations: The installation of renewable energy systems, such as solar panels or wind turbines are generally allowed provided they comply with specific requirements.

What do I need to do before I start?

Before embarking on any Permitted Development project, it is crucial to be aware of the following:

1. Check Local Planning Restrictions: Establish if the Council has enabled any Article 4 directions covering your property and check to see if permitted development rights have been removed by the Council when the house was first granted planning permission or on any subsequent planning decision notices.
2. Consult with a Planning Consultant: A planning consultant can provide expert advice on permitted development rights and help navigate the complex planning process for you.
3. Consider Neighbour Consultation: Even if your proposed extension falls within permitted development rights, it is advisable to consult with your neighbours to avoid potential disputes. Especially if a larger extension is proposed as this will require a Prior Approval application. Good communication with neighbours can make the whole process of extending and refurbishing properties much smoother.
4. Building Regulations Approval: Remember that building regulations approval is still required for any construction work, regardless of permitted development rights.
5. Prior Approval: In some cases, prior approval may be necessary for certain types of permitted development. This involves submitting an application to the local planning authority, who will assess the proposal against specific criteria.
6. Changes in Permitted Development Rights: Keep up-to-date with any changes in permitted development rights. Government regulations can be amended at any time.  A planning consultant will be able to help you with this.
7. Listed Buildings: If your property is a listed building, you will need to obtain listed building consent for any alterations, regardless of whether they fall within permitted development rights.  
8. Conservation Areas: In conservation areas, stricter rules apply to extensions.

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Seeking Professional Advice

To ensure that your home extension complies with all relevant regulations and planning requirements, it is advisable to seek professional advice from an architect or planning consultant. They can help you navigate the complex rules of permitted development and ensure that your project is successful.

Your professional advisors will determine your best route whether this be utilising the properties permitted development rights or applying for planning permission. Sometimes both is an option to gain the maximum space.

Conclusion

While permitted development rights offer a convenient way for homeowners to extend their properties, it is crucial to understand the specific rules and regulations that apply. By being aware of these differences, especially if you live in London and the South East, will help you make informed decisions about your project and avoid potential planning issues.

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