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Permitted Development

Permitted Development (PD) rights are a bit of a minefield as the rules are often hard to interpret. There are frequently misconceptions about PD and these are the ones that I commonly come across:

  1. PD is what is permitted without planning permission. It is not necessarily as much or as good a solution as what might be available if a planning application is made and approved. So PD may not be the optimal solution.
  2. PD rights are often hard to interpret for a specific project and if a property is subsequently sold the incoming purchaser could seek confirmation that what has been built is indeed PD. Therefore in most cases clients apply to the local council for a Lawful Development Certificate which is in some respects similar to a householder planning application. So an application to the council may be needed in any case.
  3. PD rights are restricted in ‘designated areas’ such as conservation areas, National Parks (such as the South Downs National Park), an Area of Outstanding Natural Beauty (AONB) (such as the High Weald AONB) and for listed buildings. So PD may not apply.
  4. Building Regulations approval is still required. So a set of design drawings will be required in any event.

Always worth talking to your local architect to avoid a missed opportunity and/or a costly mistake.

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Iain Miller