Permitted development offers numerous possibilities without the need for planning permission, contingent upon strict adherence to all requisite planning criteria and the absence of undisclosed restrictions that may curtail or revoke these rights.
It’s essential to understand that each project type entails unique planning and design criteria that must be fulfilled to qualify as permitted development. Additionally, there may exist concealed limitations that can revoke permitted development rights.
In practice, this scenario could arise in which two houses within the same locality undertake precisely the same development, such as a 3-meter extension. One may be classified as permitted development, while the other requires planning permission, despite both adhering to the prescribed criteria for permitted development.
In certain instances, specific permitted development projects necessitate prior approval from the local planning authority, despite their classification as permitted development. Commencing work without obtaining such prior approval constitutes a legal violation, and it is imperative to await the local planning authority's endorsement of a prior approval planning application. Failure to secure planning approval prior to commencement may result in the issuance of a planning enforcement notice, either due to a report from a neighbor or the council's observation of the ongoing development.
Regrettably, we encounter numerous clients who initially believed their actions fell under permitted development but later realized they were mistaken. In the event that the council determines that planning permission is necessary for something you have already undertaken, you may be issued a planning enforcement notice, affording you a 28-day period to obtain approval or revert the property to its original state. In cases involving construction, this would necessitate demolition.
We often assist numerous clients with retroactive planning submissions, and we consistently strive to attain a favorable result. Nevertheless, it's important to note that we cannot provide an assurance of planning approval, particularly when a breach of planning law has occurred, often resulting in objections from neighbors. Additionally, we cannot offer guidance on the specific design to align with the necessary planning policies. Our role is to present the most compelling justifications possible for why your existing project should be granted approval.
If you’re seeking clarification on whether your project falls under permitted development or necessitates planning permission, we can offer pre-planning guidance. It all begins with an initial, complimentary, and non-binding conversation to explore the details of your project.
Contact us now for a free no obligation consultation to discuss your project.
