Some Frequently asked questions

Your Local Authority Planning Department will be pleased to give you any information and advice. The following is for guidance and help only it is not intended as an authoritative interpretation of the law or Planning Regulations.

1. This is my home so why can’t I build what I want?

2. Do I need planning permission?

3. Do I have to consult my neighbours?

4. Will the local authority tell my neighbours?

5. Do I need my neighbours approval?

6. Does my extension have to match my neighbours?

7. I live in a flat/maisonette, how does planning effect me?

8. How do I apply for planning permission?

9. What does the local authority do with my application?

10. How long will the council take to give me a decision?

11. What can I do if planning permission is refused or conditions are imposed on the permission?

12. Can I appeal against the local authorities refusal?

13. Do I need planning permission to?:

14. Are there any other approvals I might need?

15. What do these terms mean?

1. This is my home so why can’t I build what I want?

Some people think the planning controls are an unnecessary interference with individual rights while others think that the planning system should be used to prevent any change in their local environment. The present position is that major works need planning permission from the council but many minor works do not. The Government thinks this is the right balance. Councils can use planning controls to protect the character and amenity of their area, while individuals have a reasonable degree of freedom to alter their property.

2. Do I need planning permission?

You can make certain types of minor changes to your home without needing to apply for planning permission. These are called “permitted development rights.”

However, your local authority may have removed some of your permitted development rights. This will mean that you have to submit a planning application for work which normally does not need one. This can happen when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas. You will probably know if your property is affected by such a direction, but you can check with the council if you are not sure.

You will need approval if:

You want to build something which goes against the terms of the original planning permission for your house, for example, your house may have been built with a restriction to stop people putting up fences in front gardens, or planting trees or hedges because it is on an “open plan” estate. Your council has a record of all planning permissions in their area.

The work you want to carry out might obstruct the view of road users.

You want to build an extension which would be nearer to any highway than the nearest part of the “original house”, unless there would be at least 20 metres between your house as extended and the highway

The extension is higher than the highest part of the roof of the “original house”, or if any part of the extension is more than 4 metres high and is within 2 metres of the boundary of your property, but this restriction does not apply to roof extensions.

The extension is, for a terraced house, including an end of terrace house, or any house in a Conservation Area, National Park, an Area of Outstanding Natural Beauty or the Broads, the volume of the “original house” would be increased by more than 10% or 50 cubic metres (whichever is the greater);

For any kind of house outside those areas, the volume of the “original house” would be increased by more than 15% or 70 cubic metres (whichever is the greater) and in any case, the volume of the “original house” would be increased by more than 115 cubic metres.

In the following circumstances, the volume of other buildings which belong to your house (such as a garage or shed) will count against the volume allowances. In some cases, this can include buildings which were built at the same time as the house or existed on 1 July 1948.

If an extension to your house comes within 5 metres of another building belonging to your house, the volume of that building counts against the allowance for additions and extensions.

Any building which has been added to your property and which is more than 10 cubic metres in volume and which is within 5 metres of your house is treated as an extension of the house and so reduces the allowance for further extensions without planning permission.

If you live in a Conservation Area, a National Park. an Area of Outstanding Natural Beauty or the Broads, all additional buildings which are more than 10 cubic metres in volume, wherever they are in relation to the house, are treated as extensions of the house and reduce the allowance for further extensions.

If any of these cases apply, the volume of the building concerned will be deducted from your volume limit for extensions and additions to your house. For example, if your volume limit is 50 cubic metres and a building of 15 cubic metres in volume is treated as an extension to the house, then your volume limit for extensions would be reduced to 35 cubic metres.

In some areas of the country permitted development rights are more restricted. If you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty or the Norfolk or Suffolk Broads, you will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also different requirements if your house is a listed building.

3. Do I have to consult my neighbours?

No, but let your neighbours know about the work you intend to carry out to your property. They are likely to be as concerned about work, which might affect them, as you would be about changes, which might affect your enjoyment of your own property. For example, your building work could take away some of their light or spoil a view from their windows. If the work you carry out seriously overshadows a neighbour’s window and that window has been there for 20 years or more, you may be affecting their right to light” and you could be open to legal action. It is best to consult a lawyer if you think you need advice about this.

You may be able to meet some of your neighbour’s worries by modifying your proposals. Even if you decide not to change what you want to do, it is usually better to have told your neighbours what you are proposing before you apply for planning permission or before building work starts.

4. Will the local authority tell my neighbours?

Yes, if you do need to make a planning application for the work you want to carry out, the council will ask your neighbours for their views.

5. Do I need my neighbours approval?

No, but if you or any of the people you are employing to do the work need to go on to a neighbour’s property, you will, of course, need to obtain their consent before doing so.

6. Does my extension have to match my neighbours?

No, but extensions often look better if they use the same materials and are in a similar style to the buildings which are there already but good design is impossible to define arid there may be many ways of producing a good result.

7. I live in a flat/maisonette, how does planning effect me?

If you live in a flat or maisonette you will need to apply for planning permission to build an extension, an outbuilding such as a garage, shed or greenhouse, as well as for any other work which would materially alter the appearance of the building. You will also need to apply for planning permission to create a hard surface such as a patio.

You will not need to apply for planning permission to paint your flat or maisonette.

In certain circumstances, you will need to apply for planning permission to install a satellite dish on your flat or maisonette.

If you are a leaseholder, you may need to obtain permission from the landlord or management company.

8. How do I apply for planning permission?

Contact us, we can help.

9. What does the local authority do with my application?

The planning department should acknowledge your application within a few days. They will place it on the Planning Register at the council offices so that it can be inspected by members of the public. They will also either notify your neighbours or put up a notice on or near the site. In certain cases, applications are also advertised in a local newspaper. The council may also consult other organisations, such as the highway authority or the parish council.

The planning department may prepare a report for the planning committee. which is made up of elected councillors. Or the council may give a senior officer in the planning responsibility for deciding your application on its behalf.

You are generally entitled to see and have a copy of any report submitted to a local government committee. You to see certain background papers used in the preparation of reports. The background papers will generally include comments of consultees, objectors and supporter relevant to the determination of your application. Such material should normally be made available at least three working days before the committee meeting.

The councillors or council officers who decide your application must consider whether there are any good planning reasons for refusing planning permission or for granting permission subject to conditions. The council cannot reject a proposal simply because many people oppose it. They will look at whether your proposal is consistent with the development plan for the area. The kind of planning issues they can also consider include potential traffic problems, the effect on amenity and the impact the proposal may have on the appearance of the surrounding area.

Moral issues, the personal circumstances of the applicant or the effect the development might have on nearby property prices are not relevant to planning and will not normally be taken into account by the council.

10. How long will the council take to give me a decision?

The council should decide your application within eight weeks. If they cannot do so, they should obtain your written consent to extend the period. If they have not done so, you can appeal to the Secretary of State for the Environment or the Secretary of State for Wales.

11. What can I do if planning permission is refused or conditions are imposed on the permission?

If the council refuse permission or impose conditions, they must give their reasons. If you are unhappy or unclear about the reasons for the refusal or the conditions imposed, you/we can talk to the planning department and ask them if changing the plans might make a difference. If your application has been refused, you may be able to submit another application with modified plans free of charge within 12 months of the decision on your first application

12. Can I appeal against the local authorities refusal?

Yes, If you think the council’s decision is unreasonable you/we can appeal to the Secretary of State. Appeals must be made within six months of the date of the council’s notice of decision.

Appeals are intended as a last resort and they take several months to decide. It is often quicker to discuss with the council whether changes to your proposal would make it more acceptable.

13. Do I need planning permission to?

A. Build an extension?

Yes, unless it is deemed to be permitted development.

B. Construct a loft extension?

Yes, if you want to build an addition or extension to any roof slope which faces a highway.

Yes, if the roof extension would add more than 40 cubic metres to the volume of a terraced house or more than 50 cubic metres to any other kind of house.

Yes, if the work would increase the height of the roof.

C. Build a porch?

Yes, if the porch has a ground area (measured externally) of more than 3 square metres, if it is higher than 3 metres above ground level, if it is less than 2 metres away from the boundary of a dwelling house with a highway.

D. Carry out internal alteration?

No, you do not need planning permission to carry out internal alterations or work which does not affect the external appearance of the building. You may however require building regulation approval.

E. Divide my house into separate accommodation?

Yes, if you want to divide off part of your house for use as a separate home, for example, a self-contained flat or bed-sit, or use a caravan in your garden as a home for someone else

F. Let rooms to lodgers?

No, you do not need planning permission to let one or two of your rooms to lodgers.

G. Divide my home for business use?

Yes, if you want to divide off part of your home for business or commercial use, for example, a workshop, or you want to build a parking place for a commercial vehicle.

H. Install a fuel storage tank?

Yes, if you want to install a storage tank for domestic heating oil with a capacity of more than 3,500 litres or with a height of more than 3 metres above the ground level.

Yes, if want to install a storage tank which would be nearer to any highway than the nearest part of the “original house”, unless there would be at least 20 metres between the new storage tank and any highway

Yes, if you want to install a tank to store liquefied petroleum gas (LPG) or any liquid fuel other than oil.

I. Erect fences, walls and gates?

No, if the wall or gate is less than 1m high and not next to a highway used for vehicles.

No, if the fence is less than 2 metres high elsewhere.

Yes, if your house is a listed building

J. Lay patios, hard standings, paths and driveways?

No, unless the hard surface is not to be used for domestic purposes and is to be used instead, for example, for parking a commercial vehicle or for storing goods in connection with a business.

K. Form a new access to my house?

Yes, you must obtain the separate approval of the highways department of your council if a new driveway would cross a pavement or verge. You will also need to apply for planning permission if you want to make a new or wider access for your driveway on to a trunk or other classified road. The highways department of your council can tell you if the road falls into this category.

L. Install a television or radio aerial?

No, if it is a normal domestic TV and radio aerials do not need planning permission.

M. Install a satellite dish?

Yes, in certain circumstances, you will need to apply for permission to install a satellite dish on your house, if it is a listed building for example.

N. Install solar panels?

No, for solar panels which do not project significantly beyond the roof slope.

O. Re-roof my house?

No, but additions to the roof are treated as extensions.

P. Clad my external walls?

No, but check first.

Q. Decorate or repair my house?

No, you do not need to apply for planning permission to decorate, make repairs or for minor improvements such as replacing windows, a new bay window may however ne treated as an extension.

R. Demolish buildings?

No, to demolish a building such as a garage or shed of less than 50 cubic metres.

No, if the demolition is urgently necessary for health and safety reasons. If you decide to demolish a building, even one which has suffered fire or storm damage. it does not automatically follow that you will get planning permission to build a replacement.

No, if the demolition is required under other legislation.

No, if where the demolition is on land which has been given planning permission for redevelopment.

No, to demolish a gate, fence, wall or other means of enclosure.

You do not need to make a planning application to demolish a listed building or to demolish a building in a conservation area. However, you may need listed building or conservation area consent.

In all other cases, such as demolishing a house or block of flats, the council may agree the details of how you intend to carry out the demolition and how you intend to restore the site afterwards. You will need to apply to them for a formal decision on whether they wish to approve these details. This is called a “prior approval application”.

S. Erect other buildings and structures on the land around my house?

No, for sheds, garages, greenhouses, accommodation for pets and domestic animals, summer houses, swimming pools, ponds, sauna cabins, enclosures (including tennis courts) and many other kinds of structure.

Yes, if you want to put up a building or structure which would be nearer to any highway than the nearest part of the “original house”, unless there would be at least 20 metres between the new building and any highway.

Yes, if more than half the area of land around the “original house” would be covered by additions or other buildings.

Yes, if you want to put up a building or structure which is more than 3 metres high, or more than 4 metres high if it has a ridged roof.

Yes, if your house s a listed building.

14. Are there any other approvals I might need?

Listed building consent

You will need to apply for listed building consent if you want to demolish a listed building or if you want to alter or extend a listed building in a manner which would affect its character as a building of special architectural or historic interest.

You may also need listed building consent for any works to separate buildings within the grounds of a listed building. It is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand.

Conservation area consent

If you live in a conservation area, you will need conservation area consent to demolish a building with a volume of more than 115 cubic metres. You will also need conservation area consent to demolish a gate, fence, wall or railing over 1 metre high where next to a highway (including a public footpath or bridleway or public open space, or over 2 metres high elsewhere.

Covenants

Covenants or other restrictions in the title to your property or conditions in the lease may require you to get someone else’s agreement before carrying out some kinds of work to your property. This may be the case even if you do not need to apply for planning permission. You can check this yourself or consult a lawyer.

Tree preservation orders

If you want to fell or prune a tree it may be protected by a tree preservation order which means that you need the council’s consent.

Building regulations

See our Building Regulation FAQ’s

Rights of way

If your proposed development would obstruct a public path which crosses your property the proposal should be discuss the proposals with the council at an early stage. The granting of planning permission will not give you the right to interfere with, obstruct or move the path. A path cannot be legally diverted or closed unless the council has made an order to divert or close it to allow the development to go ahead. The order must be advertised and anyone may object. You must not obstruct the path until any objections have been considered and the order has been confirmed. You should bear in mind that confirmation is not automatic, for example, an alternative line for the path may be proposed.

Advertising

You may need to apply for advertisement consent to display an advertisement bigger than 0.3 square metres on the front of. or outside. your property. This includes your house name or number or even a sign saying ‘Beware of the dog’. Temporary notices up to 0.6 square metres relating to local events, such as fetes and concerts. may be displayed for a short period. There are different rules for estate agents’ boards, but, in general, these should not be bigger than 0.5 square metres on each side.

Wildlife

Some houses may hold roosts of bats or provide a refuge for other protected species. English Nature (EN) or the Countryside Council for Wales (CCW) must be notified of any proposed action.

Remedial timber treatment, renovation, demolition and extensions which is likely to disturb bats or their roosts. EN or CCW must then be allowed time to advise on how best to prevent inconvenience to both bats and householders.

15. What do these terms mean?

The term “highway” includes all public roads, footpaths, bridleways and byways.

The term “original house” means the house as it was first built or as it stood on 1st July 1948 if it was built before that date. Although you may not have built an extension to the house a previous owner may have done so.