Permitted Development Rights

Q1 Do you recommend clients brave a full planning application rather than go down the Permitted Development route ( which I realise is restricted in a NP).? If so, why? eg PDR have lots of caveats and there is more room to be creative and build what you really want with full planning permission.

Its not always as simple as do we take the permitted development route or not? There are various planning policies that affect properties in National Park areas.

Firstly, not all properties have permitted development rights so if you have a property that doesn't have them or they have been removed, you can only increase the size of the property by taking the planning permission route. You can find out if your property has PD Rights by contacting your local authority directly - as they hold the planning history on your property.

Also, in rural areas within the New Forest and South Downs National Parks, you can only increase your floor area by 30% of what it was in July 1982; if the property sits outside of their 'built up area's. So if the property has been extended since that time, you will only have the remainder of that 30% to enlarge the property by. Other National Park authorities may have a different policy on this - or indeed, it may be a National Park-wide policy that has been adopted to reduce properties sprawling.

And yes there is the situation where, your property may no longer have permitted development rights and the 30% has already been used up. In this case, you cannot extend the property any further. The property could be altered of course but the floor area (not footprint) would have to stay the same.

Another area of consideration is, if you have what is called a 'small dwelling' in a National Park (whether it is in a built up/developed area or is more rurally located). If the property was originally under 100sqm, you can only enlarge it to be 100sqm; so if the property was 80sqm initially, you can only add another 20sqm maximum. You cannot then extend it by any other means.

If you're contemplating a new-build home in a National Park, permitted development rights will be removed as part of the planning application being granted. Therefore, you would not be able to extend that property again. Also you can usually only build a new home in a National Park if you are replacing an existing dwelling.

And lastly, nationally and locally listed properties in National Parks will have further limitations, as an extension to this type of property will also need to satisfy Conservation concerns. Even if a property of this nature has no restrictions on additional floor area, they still need to enhance the original building. How it looks and how it adjoins the original building will be of prime importance. The massing and scale of the extension needs to be of a satisfactory form and size and usually appear subservient to the original building. The significance of a listed building means the floor area could be restricted even if it could be larger under planning policy; as the aesthetic appeal of the extension needs to sit well alongside the original building and is setting.

The important thing to take from all this, is to have an understanding of the planning policies that affect a site in the first instance. That way, when remodelling the property or extending it, you know which policy mechanisms apply to your specific site.

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