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Protected Development

Protected Development

Changes to legislation came into effect in August 2021 that in some cases changed what was considered eligible for permitted development rights. To ensure that these proposals could continue to be considered for permitted development rights, the government implemented a provision that classifies these proposals as “protected development.”

This allows these proposals to continue to be considered for permitted development rights and allows them to be progressed to completion based on the legislation as it stood before the August 2021 changes.

If your proposal is considered “protected development,” it’s recommended that you discuss your proposal with the local planning authority to confirm if the provision applies.

Permitted Development Rights

Permitted Development Rights allow you to perform certain types of work on your property without the need to apply for planning permission. These rights are granted by the government and not by the local authority. It’s important to note that the rights that apply to houses may not apply to flats, maisonettes, or other types of buildings, and commercial properties have different rights than dwellings.

Designated Areas with Restricted Permitted Development Rights

In certain areas of the country, such as conservation areas, national parks, areas of outstanding natural beauty, world heritage sites, or the Norfolk and Suffolk Broads, permitted development rights are more limited. In these areas, you may need to apply for planning permission for work that wouldn’t require an application in other areas. If your property is a listed building, there are also different requirements.

It’s recommended that you contact your local planning authority and discuss your proposal before beginning any work, as they will be able to inform you of any restrictions and if planning permission is needed. A planning consultant can also assist with the process and provide guidance on permitted development requirements.

Withdrawn Permitted Development Rights

In some cases, the local planning authority may have removed some of your permitted Development rights by issuing an “Article 4” direction. This means that you’ll need to submit a planning application for work that would normally not require one. These directions are usually made to protect the character of an important area, such as a conservation area, and you can check with the local planning authority if you’re unsure if your property is affected.

Please note that houses and flats created through permitted development rights, including changes of use, cannot use householder permitted development rights for additional development, such as an extension. Planning permission is usually required in these cases, and it’s advised to contact your local planning authority before starting work.

Prior Approval

Most permitted development rights come with conditions and limitations, one of which may be the requirement to apply to the local planning authority for prior approval. This allows the authority to consider the proposal and its potential impact on factors such as transport and highways, and how these impacts can be mitigated.