Restricting permitted development

[selfbuildit]

Hello all,

Can anyone help me with a question? I apologise if it's already been asked and answered but I can't seem to find it on the website.

It is this....

How could someone identify a restriction on their permitted development? I am not in a conservation area, my house is not listed, I am not in any area of outstanding beauty or national park, nor do any Article 4 directions apply to my property. I have been advised that I should check my deeds which do not identify any restriction upon what I am seeking to do. Lastly, I have been advised to check my planning conditions, which I have done but I cannot tell if any condition had the affect of restricting future permitted development.

Please can anyone help?

 

[^woody^]

You would have permitted development rights or you wouldn't, not restrictions of some or other.

It would be worded as removal of PD rights under Article 4, or an Article 4 Directive. This would be on any of the existing planning permissions on the property, or as a standalone directive on the address.

It won't be on your deeds. But your deeds may contain other restrictions or obligations under land law, not planning law.

 

[selfbuildit]

Thanks for replying Woody!

I've checked my property pack and there is a question that states is the property subject to any direction restricting permitted development? The answer given is no so therefore I guess I'm ok!

I only wondered about the planning conditions as one of my conditions states that 'Not withstanding the Town and Country Planning (General Permitted Development) Order 1995, there shall be no....blah blah'.....I thought this condition may have specifically restricted any permitted development related to the type stated.

 

[^woody^]

I've checked my property pack

If you are buying a property, then you should not rely on the seller filling in a form, but get it checked out by your surveyor or conveyancer.

 

[selfbuildit]

Sorry, I wasn't very clear.

I already own my property and have been looking to do some works that fall under permitted development but before undertaking the work I become aware that permitted development rights are often restricted during the planning stages of a build so I consulted the planning conditions for when my property was approved for planning as it's a relatively new build. As already stated except for the "Not withstanding the Town and Country Planning (General Permitted Development) Order 1995..." condition, there is nothing else that appears to attempt to restrict. So, I checked the local searches my solicitor performed (this is what I should've said but said property pack....sorry) and the answer to 'any directions restricting permitted development' is no.

 

[^woody^]

Right then. If your house is relatively new, then you tend to find that the council remove permitted development rights as part of granting the permission for the build. This is especially true for new estates, but could be so for one-offs too.

This information should be on the property's planning history, or just ask the planners the specific question

 

[selfbuildit]

Thanks for taking the time to reply and sorry if I seem a bit silly in asking but how would I identify if the planning history removed permitted development rights? You mentioned earlier about an Article 4 direction which doesn't appear in any of the planning documents. I have asked the planning department but no one has got back to me yet so I've been trying to find out if I can establish it myself. I will of course be guided by planning but was trying to educate myself a bit in the process. Sorry to be a nuisance.

 

[selfbuildit]

In the planning conditions there is one condition that states "...that whilst not requiring the submission of further details to the Council for agreement, remains in force....Condition 6, removal of rights to extend....without the prior written permission of the Local Planning Authority". This is the one I suspected to have removed the permitted rights to extend, but there is no reference to any other permitted rights being removed.