Please note that the changes to the permitted development rights for houses, which came into force on 1 October 2008, apply in England only - not in Wales.
Certain developments and changes of use can be carried out without planning permission, under the provisions of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended).
However, in addition to granting rights to carry out certain developments without the need to apply for formal planning permission, Article 3 of the General Permitted Development Order (GPDO) places restrictions on those permitted development rights. Key restrictions include:
l Any permitted development right must be exercised in accordance with any exception, limitation or condition specified in relation to that class of development.
l The GPDO does not permit development contrary to any condition imposed on any planning permission.
l If the existing development/use is unlawful, it does not benefit from permitted development rights, ie the permitted development rights in Schedule 2 do not apply if:
- in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;
- in the case of permission granted in connection with an existing use, that use is unlawful.
l Permitted development rights do not authorise development that requires or involves the formation, laying out or material widening of a means of access to an existing highway that is a trunk road or classified road, or creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger.
l Demolition is not permitted except as set out in Part 31 of the GPDO.
l Advice is also provided about development within the meaning of the Town and Country Planning (Environmental Impact Assessment). Such development is not permitted by the GPDO unless confirmed by a screening opinion or a screening direction.
Article 4 Removal of Permitted Development Rights
Permitted development rights on properties may be removed under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended). Permitted development rights for individual properties or larger developments may be removed at the time the original application is granted permission. If unsure about your property, please check with us whether its permitted development rights have been removed.
In addition, permitted development rights may be removed in Conservation Areas under Article 4(2).
Article 4(2) Directions
Conservation Areas are “areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. The designation of such areas however does not automatically mean that the Council has additional powers to achieve these ends. Normally a householder can make modest changes to their property without having first to apply for planning permission. This is known as ‘permitted development’ and is defined in the Town and Country Planning (General Permitted Development) Order 1995 (as amended). It includes the replacement of windows, doors, roof coverings, the construction of small extensions, porches, hard standings etc.
The character and appearance of many Conservation Areas has sadly already been partly eroded by unsympathetic changes and the loss of traditional building features. Such alterations include the replacement of traditional doors and windows, removal of chimneystacks, painting of previously unpainted brickwork, removal of boundary walls etc. Although relatively minor changes, cumulatively these alterations significantly detract from the character and appearance of a Conservation Area. Under normal planning powers it is impossible for this to be adequately controlled.
Article 4(2) Directions - Local Planning Authorities however have powers to remove certain ‘permitted development’ rights by making Article 4(2) Directions. Once a Direction has been served, planning permission is required for those classes of development listed. Such Directions only affect dwelling houses in single occupation (i.e. not subdivided into flats or with individual rooms let to tenants), and only those elevations that front onto a highway or open space (including side elevations of corner properties). Flats, shops, offices and other commercial buildings, and houses in multiple occupation, do not have the benefit of permitted development rights and so are already required to apply for planning permission for changes such as those listed below.
With an Article 4(2) Direction in place, planning permission will be required for:
l The enlargement, improvement or other alteration of a dwellinghouse i.e. changes to windows, doors, roof coverings, chimneys, rainwater goods etc.
l Alterations to roofs that materially affect the shape of a dwellinghouse.
l The erection of a front porch.
l The provision of a hard standing.
l The installation, alteration or replacement of a satellite antenna.
l The erection, alteration or removal of a chimney on a dwellinghouse or on a building within the curtilage.
l The erection, alteration or demolition of a front gate, fence, wall or other means of enclosure within the front garden, or a side boundary facing the road.
l The painting of a dwellinghouse (apart from like-for-like repainting).
The Article 4(2) Direction Schedule for your Conservation Area sets out the classes of development for which planning permission is now required. Carmarthenshire has three Article 4 directions: Cwmdu, Llandovery and Llangadog. 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.
As a general guide, planning permission will not normally be granted to replace traditional features with modern replicas, or to use substitute materials such as aluminium or plastic windows, or concrete roof tiles. Applications for alterations that would not preserve or enhance the character or appearance of the Conservation Area will normally be recommended for refusal.
You do not need planning permission for repairs provided they are carried out in a traditional manner repeating the details of the original elements involved and using the same materials. You can also replace minor worn out elements without permission provided the replacements are like-for-like.
There are no fees payable to the Council for any planning application required solely as a result of an Article 4(2) Direction.
Further information and contacts
The legislation in the General Permitted Development Order is very complex.
We recommend that anyone wishing to undertake works under permitted development rights should obtain confirmation from us before building anything that they consider may be acceptable as permitted development. This can be done my downloading and completing the free 'Householder preliminary enquiry form'.
Further advice on permitted development can be found in 'Planning: A Guide for Householders' which can be downloaded from the 'Downloads' section on this page.