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6/13/2020

Need Planning Permission for a House Extension or Loft conversion?

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Do you need a planning permission for a house extension or a loft conversion?

Different types of developments require different types of applications. Applications vary between house extensions, loft conversions, porches, outbuildings and garage conversions. These are:
  1. Permitted Development Applications (Lawful Development Certificates): These are national grants of permission by the General Permitted Development Order, which allows certain building works and Changes of Use to be carried out without requiring a Planning Application. Please click here to see what you can build within your Permitted Development Rights.
    ​
    Permitted Development Applications can be used for:
    - Proposed developments or proposed change of use for a building or land
    - An existing use or building (4 years and 10 years rule)

  2. Prior applications:
    - A larger home extension (6m or 8m single storey rear extensions)
    - Change of Use Applications      
                                                                              
  3. Local Authority grants of Planning Permissions:
    - House Holder Planning Application
    - Full Plan Applications

​Deciding which application type is to be used depends on many factors. For example:
  • your needs and aims
  • the site, the age and the type of property
  • time limits
  • budget
  • practicality  

Can you build the development as a permitted development? 

​As Permitted Developments and Prior Applications are the easiest options, and sometimes the only possible options (e.g. in the case of a hip-to-gable loft conversion), we will look into if these are possible on your site. The following questions need to be answered during stage 1 of the application process, as some properties’ rights are removed or restricted:
​​
  • Is the property a house (C3 use)? If it is a flat, maisonette or commercial you may not do it. 
  • Is the house listed as a building? If so, listed building consent is required and very limited Permitted Development Rights are available. 
  • Is the house on Article 2 (3) land (conservation area, AONB etc)? If so, there are very limited Permitted Development Rights available.
  • Is there any Article 4 direction which removes Permitted Development Rights?
  • Have the Permitted Development Rights been removed with restrictive covenants, conditions on the dead or previous planning application (e.g. built after the 1960s)? 
  • Has the site been previously extended?

If your development complies with the permitted development rules we can make an application to get a Lawful Development Certificate which will be requested by the solicitor when you are selling the house. Or, if you are very certain that your development complies with all the Permitted Development Rights, you may simply build taking the risk.

Can you build the development with a Prior Application? 

​A prior application for a larger single-storey rear extension (6m or 8m) still requires a Notification Application completed before starting on site. We'll check if there is an Article 4 direction, which restricts how much you can extend your home. Your neighbours who share a boundary with your property will be consulted by the Council. If they object to the development, the council may refuse it. It is not possible to undertake this process retrospectively. If your neighbours raise any concerns or objections, the local authority will be required to determine if the proposal’s impact on the amenity of all adjoining properties is acceptable, and based on this, whether it can go ahead. The development must comply with other permitted development rules too. Please click here to discover more about Prior Applications

Local Authority Grants of Planning Application 

After considering all these questions, if we find that a Prior Application or Permitted Development Application is not possible, practical inadequate, we will look at the Local Authority Grants of Planning Application option. If the property is a flat or maisonette, you will need to use a full Planning Application instead of a Householder Application.

Approval of this application is subject to the Council's decisions. We will discuss the possibility of the approval, how to increase the chance of approval and the issues on the First and Second Stage. 
​
You cannot simultaneously build developments that are approved with different application types if they are connected. For example, you cannot build a Permitted Development loft conversion with dormer and at the same time a two-storey rear extension which is approved as a Householder Application. Some councils will include the approved Permitted Development in the Householder Application but some councils will insist on building them in different stages (e.g Hillingdon Council). This approach can result in costly delays in construction and should be checked at the beginning of the process.

How to increase the chance of approval of planning application?

​When we are considering a Local Authority grant of Planning Application (householder or full plan), we need to consider the following issues and justify our proposed development to the Planning Department. We always prepare a Planning Statement or a design and Access Statement to solve the following issues before they are asked for by the officer:​
  • Is it in the GreenBelt Land? Developments in Greenbelt properties can be a maximum of 40-60% of the total enlargement of the original property. Openness will be an issue. 
  • Is it in a Flood Risk Area? 
  • Is it in a Conservation Area? If so, double-storey side extensions and front extensions are likely to be refused.
  • Is it listed as a building? If so, you will need a Listed Building Consent Application too.
  •  Are there any Tree Preservation Orders?
  • Size, type and age of the property? The extension should be proportional to the size of the main house and plot.
  • Relationship to the neighbour buildings: the Right of Light, Right of Look, any window on the side of the neighbour, their extensions, overlooking to neighbours’ property.
  • Is it in keeping with surrounding buildings? The new addition should match other buildings in material, size, scale, proportion.
  • Terrace effect: if every house extends to the boundary, all houses in the street will turn to terraced houses. Therefore, a gap is required on the side between the extension and boundary depending on streets and councils (1m or more for two-storey extensions)
  • Is there a building line? If it can be shown that there is a building line along the road and that your proposal breaches it, your application can be refused. 
  • Is the extension subordinate to the main building? Extensions should keep the ridgeline lower than the existing ridgeline and recess the front of the extension. 
  • Is there any similar application approved nearby? Can we use them as an example to help our application?
  • Parking: How many parking spaces are needed? Will it be better to solve this issue before the application?
  • Amenity space: Will it be adequate after the extension?
  • Can you make a Combined Application with a neighbour to overcome Right of Light issues?
  • Is there any reason for this development, such as adopting a child, health issues, a disabled family member, old age requirements (e.g. ground floor bathroom and bedroom)?
  • Is there any flat conversion or HMO applications on the street?
  • How is the street for transport (PTAL rating), schools or shopping?
  • And finally, Council Residential Guidance, Local policies, London Plan should be checked to make sure your development is in line with their requirements.

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1 Comment
BK
6/20/2020 03:38:04 pm

Wonderful article. Very useful, thanks a lot.

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    Sevda Kucuk

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  • Home
  • Services
    • Building Regulations Applications
    • Build Over Agreements
    • Party Wall Agreements
    • Planning Applications
    • Permitted Development
  • Overheating
    • TM59 Overheating Assessment
    • The Simplified Method
    • TM52 Overheating Assessment
    • Energy Assessment
  • Commercial
    • Change of Use
    • Signage Applications
  • Residential
    • House Extensions
    • Loft Conversions
    • New Build House
    • Outbuildings
    • Garage Conversions
    • Flat Conversions
    • HMOs
  • Process
  • APPLICATIONS
  • Blog
  • Projects
  • Contact Us