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Guide to Householders - Permitted Development

This guide gives information on types of minor development which householders can carry out to their property without requiring planning permission from the local planning authority. The Town and Country Planning (General Permitted Development) Order 1995, grants planning permission for certain works subject to specific criteria being complied with. Such works are known as 'Permitted Development' (PD).

Removal of PD Rights

PD rights are sometimes removed by the local planning authority either by Directions (Article 4 Directions) or by conditions attached to planning permissions on properties. For example, there are Directions removing rights to some PD works to dwellings, in Bridgnorth and Highley: Clee View Conservation Areas and The Ship Inn Chalet site at Highley. Conditions removing such rights are also often applied to former barns which have been converted to dwellings. The PD rights set out in this guide may not apply in such cases. Householders should first ensure that their property has not had PD rights removed.

Listed Buildings

If your property is a listed building, then separate listed building consent is likely to be required for most of the developments set out in the guide, even if they would constitute PD in respect of the need for planning permission.

Building Regulations

Many of the developments set out in this guide will require approval under the Building Regulations. Further advice can be obtained from the Council's Building Control Section (01746 713140).

Definitions

Original Dwelling - is the dwelling as it existed in 1948 or if built since then, the dwelling as built.
AONB - is the Shropshire Hills Area of Outstanding Natural Beauty.
Curtilage - is normally the garden area to the dwelling.
Highway - includes footpaths used by the public.

Permitted Development (PD)

The following PD rights only apply to dwellings and not to flats or maisonettes.

Extensions and Alterations to dwellings
The enlargement, improvement or other alteration to a dwelling is PD if:

• The increase in its cubic content (measured externally) above that of the original dwelling does not exceed:
• 50 cu.m or 10%, whichever is the greater, if the dwelling is  terraced or sited in the AONB or a conservation area.
• In other cases, 70 cu.m or 15%, whichever is the greater.
• In any case 115 cu.m

Note that any previous extensions to the dwelling and any outbuildings within 5m of the dwelling or the proposed extension, count against this cubic content PD right. (For example, if the volume limit of the dwelling is 70 cu.m, but there has been a previous extension, or a detached outbuilding within 5m of the dwelling, of 40 cu.m, the volume limit will be reduced to 30 cu.m).

• No part is higher than the highest part of the original dwelling.
• No part is nearer to a highway (including footpath) than any part of the original dwelling or any point 20m from that highway, whichever is the nearer.
• No part would be over 4m high if any part of the extension comes within 2m of any boundary of the curtilage (usually the garden) of the dwelling.
• It (together with any other buildings in the curtilage excluding the original dwelling) does not cover more than 50% of the remaining curtilage.
• If the dwelling is within the AONB or a conservation area, it does not consist of external cladding.
• It is not the erection of a building within the curtilage of a listed building.

Alterations to the roof of a dwelling

Alterations and extensions to the roof of a dwelling are PD if:

• No part is higher than the highest part of the existing roof.
• No part extends beyond the plane of an existing roof slope which fronts a highway.
• The increase in its cubic content (measured externally) does not exceed 40 cu.m if a terraced house or 50 cu.m in any other case.
• The increase in cubic content of the original dwelling when added to any previous extensions, does not exceed:
• 50 cu.m or 10%, whichever is the greater, if the dwelling is a terrace house.
• In other cases 70 cu.m or 15%, whichever is the greater.
• In any case 115 cu.m
• It is not within the AONB or a conservation area.

Porches

Porches are PD if:

• The ground area (measured externally) does not exceed 3 sq.m
• Their height does not exceed 3m above ground level.
• No part is within 2m of any boundary of the curtilage with a highway.

Curtilage Buildings

These buildings (such as detached garages, sheds, summer houses, greenhouses, swimming pools) are PD if:

• No part is nearer to any highway bordering the curtilage than any part of the original dwelling nearest to that highway or any point 20m from that highway, whichever is the nearer.
• The cubic content (measured externally) of the building does not exceed 10 cu.m if the building would be within 5m of any part of the dwelling. (Note that any building that does not comply with this criteria is then treated as an extension to the dwelling and needs to be considered under the extension PD rights set out above).
• The height of the building does not exceed 4m if it has a ridged roof and 3m in any other case,
• It (together with any other buildings within the curtilage excluding the original dwelling) does not cover more than 50% of the remaining curtilage.
• The building does not exceed 10 cu.m if it  is in the AONB or a conservation area,. (Note that any building that does not comply with this criteria is then treated as an extension to the dwelling and needs to be considered under the extension PD rights set out above).
• The building does not exceed 10 cu.m if it is within the curtilage of a listed building
• The building is to be used for a purpose incidental to the enjoyment of the dwelling (this includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwelling, but not for commercial use or for additional living use such as a bedroom

Hard Surfaces

The provision of a hard surface within the curtilage of a dwelling is PD if the purpose is incidental to the enjoyment of the dwelling and it does not result in significant raising or lowering of ground levels.

Domestic Heating Oil Storage Containers

These are PD if:

• The capacity does not exceed 3500 litres.
• No part is higher than 3m above ground level.
• No part is nearer to any highway bordering the curtilage than any part of the original dwelling nearest to that highway or any point 20m from that highway, whichever is the nearer.

Note that all LPG tanks require planning permission.

Satellite Antenna

A satellite or microwave antenna on a dwelling or in the garden is PD if:

• There are no more than 2 antennas.
• There is one antenna, this does not exceed 100cm in length in any direction. If a second antenna, this must not exceed 60cm in length.
• It is attached to a chimney, its length does not exceed 60cm and it does not protrude above the chimney.
• Its cubic capacity does not exceed 35 litres.
• It is erected on a roof without a chimney, the highest part of the antenna is no higher than the highest part of the roof.
• It is erected on a roof with a chimney, the highest part of the antenna is no higher than the highest part of the chimney or  60cm from the highest part of the ridge tiles of the roof, whichever is the lower.
• It is in the Area of Outstanding Natural Beauty or within a conservation area, it is not:
• on a building exceeding 15m in height,
• on a chimney, wall or roof slope which faces onto and is visible from a highway.
• It is sited to minimise its effect on the external appearance of the building.
• Your property is not a flat or maisonette.

Note: antenna/dishes must be removed when no longer needed. If your property is a listed building, then listed building consent will be required.

Note that antenna must be removed when no longer needed.

Other Permitted Development

The following works relate to all dwellings including flats and maisonettes.

Gates, Walls and Fences
These are PD if:

• They form a means of enclosure (for example, retaining walls are not included).
• They do not exceed 1m in height above ground level where adjacent to a highway used by vehicles. (There is no specific distance from a highway to define what is 'adjacent'; it depends on a visual judgement on the facts and circumstances in each case).
• They do not exceed 2m in height in any other case.
• It is not within the curtilage of or surrounds a listed building.

Means of Access

A new access is PD if:

• It is not to a trunk or classified road.
• It is required in connection with some other form of development which is itself PD (for example, an access to serve a hardstanding being formed as PD in the garden).

External Painting

You can paint the exterior of your house as PD providing it is not for the purpose of an advertisement, announcement or direction. Note the separate listed building consent requirements set out above.

Advice

If you require further advice from the Council:

• Write to the Development Control Section at The Council Offices, Westgate, Bridgnorth, Shropshire, WV16 5AA.
• Telephone 01746 713136
• E-mail devcon@bridgnorth-dc.gov.uk