Planning Permission and Permitted Development are key concepts for homeowners, developers, and commercial property owners in the UK. Understanding these terms is crucial for your project. It helps you know if you need to apply formally or if you have rights which enable the development to go ahead without prior consent. This article will define each term, explore their differences, and guide you in choosing the best path for your project.
What is Planning Permission?
Planning permission (also known as planning consent) is the official clearance from your local planning authority (LPA) allowing you to proceed with a proposed development. Generally speaking, if you wish to develop your property, you will need to seek for planning consent for various developments, such as:
●Build something new (for example, a new house or a substantial extension to an existing building)
●Make a major change to your building – such as constructing a large extension, adding multiple storeys, or making significant alterations to the structure.
●Alterations to a property in a Conservation Area – if the property is in a Conservation Area, it is protected and most external changes will need planning permission.
●Change the use of a building or land – for instance, converting a family home into flats or turning a shop into a tuition centre.
These are common scenarios, but in practice “development” requiring planning permission can include a wide range of building works or material changes of use as defined by planning law. If your project doesn’t fall under any special exemptions (like permitted development rights, which we’ll discuss below), then a planning application to the council is likely necessary.
How Planning Permission works
Getting planning approval entails getting ready and turning in an application to the LPA—usually via the national Planning Portal system. Usually this covers architectural drawings, blueprints, and supporting documentation to show your idea. The council will evaluate the proposal in line with local planning guidelines, weigh any concerns raised by neighbours or consultees, and then decide. For a householder application, the procedure typically takes eight weeks—though this can vary depending on the size or complexity of the project. Factors like design, influence on the surrounding area, highway safety, and environmental issues will be assessed throughout this period. Should the council approve, they will award planning permission—sometimes with restrictions on the materials used or the hours worked—that you must abide by during construction.
If planning permission is refused, don’t despair – you typically have the right to appeal the decision or modify your plans and reapply. It’s often wise to seek professional guidance in such cases. 4D Planning’s consultants specialize in planning permission application help (from initial planning advice to handling the full application). We can manage the entire process and even handle planning appeals if needed, improving your chances of a successful outcome.
Consequences of Not Obtaining Permission: It’s important not to skip the planning permission stage if it’s required. Undertaking works that needed permission without obtaining it is a breach of planning control. The local authority can issue an enforcement notice ordering you to undo changes or stop usage, which can be costly and stressful. In short, if your project needs planning consent – get it properly to avoid legal troubles.
What are Permitted Development Rights?
Conversely, certain building projects come under Permitted Development (PD) rights and do not call for complete planning clearance. Basically, permitted development rights are a set of national guidelines approved by the government allowing some kinds of small-scale development to take place free from the necessity to apply for planning permission. In England, these rights are defined in the General Permitted Development Order (GPDO) and apply automatically to qualifying projects (similar concepts exist in Scotland, Wales, and Northern Ireland with their own regulations).
In simpler terms, permitted development is a pre-approved planning permission for specific kinds of works. If your project strictly meets all the criteria of a relevant permitted development category, you can carry it out without applying to the council for planning permission. This is a huge benefit in terms of saving time and application fees, but the rules are strict – anything outside the allowed limits will require a full application.
Common Examples of Permitted Development: For homeowners, permitted development rights often cover modest improvements or extensions to your house. Some examples include:
●Small Extensions: You can build a single-storey rear extension up to a certain depth (e.g. up to 3 metres on a terraced/semi-detached house, or 4 metres on a detached house) without planning permission, as long as the height and other conditions are met. There’s also a larger home extension scheme (allowing up to 6m or 8m with prior approval) under PD, but it requires notifying the council and neighbours (more on prior approval later).
●Loft Conversions: Converting your loft with a dormer window is often allowed under PD rights, provided the added volume does not exceed 40 cubic metres for terraced houses or 50 cubic metres for semi-detached/detached. The dormer must not exceed the height of the existing roof and should be set back slightly, among other design conditions.
●Outbuildings and Sheds: Building a garden shed, home office, or other outbuilding is usually permitted development if it’s of single-storey construction, of a reasonable size (under a certain height and footprint), and not located forward of the principal elevation of the house. These structures must be for purposes incidental to the house (like a shed, garage, or summerhouse).
●Internal Alterations: Internal reconfigurations of a house (that don’t involve extending it externally) do not require planning permission (planning focuses on external development and changes of use). However, if your building is listed or in a sensitive location, internal works might need listed building consent or other approvals.
●Certain Changes of Use: Permitted development rights also allow some changes of how a building is used. For instance, under recent changes, converting offices or shops (Use Class E) into residential flats (Use Class C3) can be done under PD rights (specifically Class MA of the GPDO) subject to a prior approval process. Likewise, switching between some uses within the same broader use class (thanks to the 2020 Use Class Order changes) might not need permission. However, many changes of use still require full planning permission unless they fall under a specific PD category. If you’re a commercial property owner or developer considering a change of use, it’s wise to get permitted development advice to see if your project qualifies or if you need a formal application. (4D Planning can advise on change of use planning strategy as part of our services.)
Conditions and Limitations: Permitted development rights come with strict conditions and limitations to control their impact. Some key restrictions to be aware of include:
●Geographical Restrictions: Not all areas benefit equally from PD rights. Permission development rights are more restricted in designated protected areas including conservation areas, national parks, Areas of Outstanding Natural Beauty (AONB), the Norfolk Broads or World Heritage Sites. In a conservation area, for instance, you might be limited on things like cladding and side expansions or not be permitted to undertake a rear extension of the same size under PD as would be permitted elsewhere.Always check the specific rules for your area. Local authorities can also remove certain PD rights by issuing an Article 4 Direction (these are often placed on specific areas or types of development to require planning permission even for things that would normally be PD). If your property is affected by an Article 4 Direction, you will need to submit a planning application for that work despite what national PD rules say.
●Type of Property: PD rights are mostly applicable to houses (single dwellings). If you live in a flat or maisonette, you do not have the same permitted development rights as houses – extensions or alterations to flats usually require planning permission. Similarly, listed buildings are an exception; any works that would affect their character typically require listed building consent, and PD rights for extensions do not apply. Recent expansions of PD rights (such as adding extra storeys on top of existing blocks) generally apply to houses or purpose-built blocks of flats under specific criteria – again, specialist advice is recommended for those scenarios.
●Size and Design Limits: Each category of permitted development has detailed limits. For example, a rear extension under PD must not exceed a certain height at the eaves and overall, and must not take up more than 50% of the garden area. Dormer loft extensions under PD must not overhang the outer face of the wall, and roof alterations can’t be higher than the original roof. Often materials need to be similar to the existing house to blend in. These rules are outlined in government technical guidance documents. Deviating from any one of these rules means you step outside PD and into “planning permission required” territory.
●Prior Approval for Some PD: Some larger or impactful developments that are classified as PD still require you to go through a prior approval process with the council. This is a lighter-touch application where the council can review specific aspects (like the impact on neighbours or transport). For example, large rear extensions (beyond the normal PD size) need prior approval – the council will notify your neighbours and can refuse if it impacts amenity. Likewise, converting an office to residential under Class MA requires prior approval on matters like flooding risk, adequate natural light, etc. Prior approval is not full planning permission – you don’t have to meet all planning policies, only the conditions set out for that PD right – but you must get a formal OK before proceeding.
Certifying Permitted Development:
While you don’t need to apply for planning permission for PD rights, it’s often highly recommended to apply for a Lawful Development Certificate (LDC) from the council. An LDC is an official document confirming that your planned development is lawful (i.e. it falls under PD or an existing permission) and doesn’t require full planning approval. This certificate is useful for peace of mind and is often requested by buyers or solicitors when you sell the property, as proof that the works were legal. Obtaining an LDC involves submitting evidence and plans to the council, similar to a planning application, but you are asking them to certify the proposal or existing work as lawful. 4D Planning has extensive experience obtaining Lawful Development Certificates on behalf of clients – this can be a smart step to take if you want to be absolutely sure your extension or conversion is covered under PD rights before you start building.
Key Differences Between Planning Permission and Permitted Development:
Now that we’ve defined each concept, let’s summarise the core differences between planning permission and permitted development in the UK:
●Approval Process: Planning permission requires you to submit an application to the council and wait for approval before starting work. Permitted development is an automatic planning permission granted by law for certain works – no traditional application to the LPA is needed for those, although some projects might require prior approval or an LDC for confirmation. Essentially, for planning permission you ask for permission, while for permitted development the permission is already granted as long as you follow the rules.
●Scope of Projects: Planning permission covers anything that counts as development which isn’t allowed by PD rights. This includes large-scale projects, significant alterations, new builds, works in sensitive locations, or projects that simply don’t meet the PD criteria. Permitted development rights cover specific types of small-scale development (minor home improvements, small extensions, certain use changes, etc.) that are considered generally acceptable and thus pre-approved. If your dream project is bigger or more unconventional than what PD allows, you’ll be going down the planning permission route. PD rights have clear size/impact limits – exceed them by even a little, and you cross into planning permission territory.
●Design and Regulations: With a full planning application, planning officers will assess design, appearance, and how the proposal fits with local policies and the character of the area. Neighbours can be consulted and their objections may influence the decision. In contrast, permitted development is more black-and-white – if you meet the published criteria, you can proceed, and the council doesn’t get to judge the design (they cannot reject a true PD scheme on aesthetic grounds). However, PD projects still must adhere to separate rules like Building Regulations approval, party wall agreements, and so on, to ensure safety and structural standards are met – those are completely separate from planning. Always remember that planning permission and building regulations approval are different things (most construction, whether under PD or with planning consent, will need to comply with building regs).
●Location-Based Restrictions: Locality can nullify PD rights. If your property is in an area with an Article 4 Direction (commonly used in conservation areas or for certain types of development like HMO conversions), permitted development rights are overridden and you’ll need planning permission for what would otherwise be PD. Planning permission, on the other hand, can potentially be obtained anywhere (though getting approval in a protected area will be more challenging – but at least you have the option to apply). Always check with your council or a planning consultant if any special restrictions apply to your property.
●Time and Cost: Taking the permitted development route can save you the time involved in a full application (no waiting for an 8+ week decision) and the planning application fee (householder application fees in England are a few hundred pounds, which you wouldn’t need if building purely under PD). That said, you might still incur costs for architectural plans, an LDC application (which has a fee, albeit smaller), or prior approval fees. Planning permission involves more uncertainty, potentially redesign costs if the council asks for changes, and possibly obligations like the Community Infrastructure Levy (CIL) for larger projects or planning conditions to discharge. PD is generally more straightforward and cost-effective for allowed developments.
●Flexibility and Future Changes: With planning permission, you have an approved plan and you typically must build exactly what was approved (any major deviation may need a new consent). With permitted development, you have some flexibility as long as you stay within the limits – you could even slightly alter your design during construction without needing further approval, provided you still meet all PD criteria. However, PD rights can change over time with new legislation, whereas a granted planning permission secures the right for that specific development (usually you must implement it within a set time or it lapses).
In summary, permitted development rights are a useful route for many minor developments – they streamline the process by removing the need for a planning application, as long as you comply with all pre-set rules. Planning permission is needed for anything that falls outside those rules, giving the council a chance to vet and control more significant developments. Many homeowners start by asking: “Does my project fall under permitted development or do I need planning permission?” – Answering that question correctly is the first step to a successful project.
Making the Right Choice for Your Project
How do you know which route to pursue? Here are a few tips to help you determine the best approach and ensure compliance:
●Do Your Research (or Get Advice): Before knocking down walls or digging foundations, research whether your intended works qualify as permitted development. The UK Government’s Planning Portal website provides interactive guides and common project advice to check typical limits. You can also reach out to your local planning authority for informal guidance. Because interpreting the rules can be tricky, many homeowners and developers consult planning professionals. 4D Planning offers planning permission and permitted development advice to help you understand what’s feasible under PD and what will require a formal application. We can conduct a feasibility study or pre-application consultation to outline your options clearly.
●Consider the Scale and Your Goals: If you’re aiming for a modest extension or alteration that comfortably sits within PD limits, it makes sense to use those rights if possible – it’s quicker and avoids unnecessary paperwork. However, if PD rules force you into a compromised design (for example, a smaller extension than you actually want or weird design tweaks to stay within limits), you might decide it’s worth applying for planning permission to get a result you’ll be happier with. Each project is unique – sometimes a slightly bigger, better-designed addition that needs permission is preferable to a suboptimal PD scheme. Weigh the pros and cons in terms of outcome, not just convenience.
●Watch Out for Special Conditions: Always verify any site-specific conditions that might affect your rights. For newer housing estates, sometimes the original planning permissions remove certain PD rights (e.g., “no extensions or outbuildings without permission” conditions). If you live in such a property, you will need planning permission for things that normally are PD. Also, if your property is leasehold, check your lease – planning rules might allow a change but your freeholder might not! These considerations are outside the planning system but crucial for project success.
●Plan for Approval (Either Way): If you determine that planning permission is required, it’s wise to invest in a well-prepared application. Our team at 4D Planning can handle planning permission applications from start to finish – including drawings, planning statements, and liaising with the council – to give you the best chance of approval. If you find that your project is permitted development, don’t simply proceed without documentation. Consider applying for that Lawful Development Certificate we mentioned, or at least keep detailed evidence (plans, photos, measurements) of the condition of your property and the work you do, in case you need to prove later that it was within PD allowances. This is especially important when selling the property or if a neighbour mistakenly reports your construction as unauthorised (having an LDC or proof can quickly resolve such issues).
●Change of Use and Commercial Projects: For developers and commercial property owners, the PD vs planning permission decision can be even more nuanced. Many commercial-to-residential conversions, for example, now fall under permitted development via prior approval, which has made it easier to repurpose buildings. Yet, these projects require careful planning to meet all criteria (floor space limits, vacancy period, etc. for Class MA conversions). If your project involves a change of use, consult with experts to identify if any PD rights apply or if a full planning application (perhaps with a robust planning justification) is needed. 4D Planning can assist in preparing change of use applications or advising on use class tweaks to take advantage of PD where possible.
In all cases, the key is ensuring compliance with the rules. The last thing you want is to start a build thinking it’s permitted development, only to have the council inform you that you’re in breach and must submit a retrospective application (or worse, take things down). By understanding the distinctions and planning accordingly, you can save yourself time, money, and headaches.
Get Professional Help to Navigate the Process (Call to Action)
Both planning permission and permitted development paths can unlock great potential for your property – but determining which applies and handling the process can be complex. Mistakes can be costly. Rather than navigating the UK planning system alone, why not let the professionals guide you? 4D Planning is a UK-based Chartered Planning Consultancy with in-house architectural designers, experienced in securing planning permissions and advising on permitted development rights for projects of all shapes and sizes. Whether you need help with a full planning permission application, advice on leveraging your permitted development rights, or assistance with a change of use or lawful development certificate, our team is here to help.
Contact 4D Planning today for a free, no-obligation consultation about your project. We’ll evaluate your ideas, let you know what permissions (if any) are required, and can handle the entire process on your behalf – making planning simple and stress-free. Get in touch via our online contact form or call us at 02031500183 to speak with a Planning Consultant. Let’s turn your development plans into reality, the right way!
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