Householder Permitted Development Technical Guide
Householder Permitted Development Technical Guide
Technical Guidance
April 2014
Digital ISBN 978 1 4734 1165 4
© Crown Copyright 2014
WG21784
CONTENTS
1: INTRODUCTION 2
2: KEY CONCEPTS 4
4: EXTENSIONS 18
8: ROOF EXTENSIONS 41
10: PORCHES 51
12: HARDSTANDINGS 61
13: CHIMNEYS 64
1.1 Part 1 of Schedule 2 to the Town and Country Planning (General Permitted
Development) Order 1995 provides permitted development rights for householders to
undertake certain minor, uncontentious improvements and alterations to their
properties without the need to make a planning application. This document provides
guidance on how to interpret householder permitted development rights. However, it
is not an authoritative interpretation of the law, that is a matter for the courts.
1.2 The diagrams show examples of standard house types, the guide cannot address all
types of housing design or layout. Diagrams have been included for illustrative
purposes only, they are not to scale and do not attempt to show matching materials
or colours.
1.5 Local planning authorities can remove some permitted development rights by issuing
an “Article 4 Direction”. Permitted development rights may also have been removed
by conditions attached to a planning permission on the existing house.
1.6 Where there is any doubt whether a proposal would be permitted development,
advice should be sought from the Local Planning Authority. To determine whether a
proposed development is lawful and therefore does not require an application for
planning permission, it is possible to apply to the Local Planning Authority for a
‘Lawful Development Certificate’. Further information can be found on the Planning
Portal website.
General Definitions
• ‘Building’ - includes any part of a building and includes any structure or erection,
but does not include plant, machinery, gates, fences, walls, or other means of
enclosure.
2
• ‘Original’ - means, in relation to a building existing on 1st July 1948, as existing
on that date and, in relation to a building built on or after 1st July 1948, as so
built.
• ‘Existing’ - means a building as it exists on site. The existing house will include
previous development to the house, whether undertaken as permitted
development or as development resulting from a planning permission from the
Local Authority.
• ‘Highway’ – this should have its usual legal meaning i.e. any way over which the
public have the right to pass, including public roads (carriageways and footways,
footpaths, bridleways and cycleways). A highway may pass over a bridge or
along a foreshore. Whether the way is adopted (i.e. maintained at the public
expense) will not normally be relevant in this context.
• ‘Article 1(5) land’ – in this context, this refers to land in Wales within a National
Park, an area of outstanding natural beauty and an area designated as a
conservation area.
• ‘World Heritage Site’ – means a property appearing on the World Heritage List
kept under article 11(2) of the 1972 UNESCO Convention for the Protection of
the World Cultural and Natural Heritage.
3
2: KEY CONCEPTS
Principal Elevation
2.1 The definition of the “principal elevation” is a key concept. It is used to identify the
elevation of the original dwellinghouse which by virtue of its design or setting, or
both, is the main or “principal” elevation. A dwellinghouse can only contain one
“principal elevation” (Interpretation I.2 of the Order). An elevation can contain more
than one wall.
2.3 Once the “principal elevation” is established, the rear elevation will be the elevation
opposite the principal elevation. Side elevations will link the principal and rear
elevations.
2.4 Figures 1-4 on the following pages show how the principal elevation can be
identified in a number of different contexts.
4
Figure 1
Principal elevation:
• Fronts the road
• Contains main door,
porchway and access
point
• Has more detailed
fenestration
• Has the lowest solid to
void ratio
• Is one of the 2 widest
elevations
• Boundary treatment –
rear area is more private
with a higher boundary
fence
Figure 2
5
Figure 3
Principal elevation:
• Contains the main entrance
door
• Has a lower solid to void
ratio compared with the side
elevation
• Layout, setting and orientation
of adjoining properties help to
identify principal elevation
• Boundary treatment – the rear Radburn type layout - rear and principal
area is more private, the elevation may have a similar
principal elevation has architectural detailing
a more open facade
Figure 4
Principal elevation:
• Contains the main entrance door
• Has the lowest solid to void ratio
• Layout, setting and orientation of
adjoining properties assist to
identify principal elevation
• Boundary treatment – the rear
area is more private, the principal
elevation presents a more open
façade
6
Measuring heights and ground levels
Eaves height
2.5 The “eaves” of a house are the point where the external walls, if projected upwards,
meet the lowest point of the upper surface of the roof (see paragraph A.5(a) of
Development Class A). Any parapet wall or any part of a roof slope which overhangs
the external walls of the house must not be included in any calculation of eaves
height, paragraph A.5(b).
2.6 Figure 5 shows the side view of an extension with a pitched roof:
Figure 5
Eaves height
7
2.7 Where there is a flat roof, a similar approach should be taken for measuring eaves:
Figure 6
Eaves height
The eaves height of a flat roof is measured from the point
where the external wall, if projected upwards, meets the
upper surface of the roof
2.8 Where the existing house has eaves of different heights, the eaves height of that
part of the dwellinghouse from which the extension projects determines the
maximum permitted height of the eaves - A.1 (c) and A.5 (c) (see Figure 7).
Figure 7 The
eaves of
any
extension
that
projects
from this
annex is
not to
exceed
this
height
8
2.9 Where a house is built on sloping ground, the height of the eaves on the existing
house should be measured using the elevation from which the extension projects
(illustrated in Figure 8 below).
Figure 8
2.10 As defined in article 1(3) of the Town and Country Planning (General Permitted
Development) Order 1995, height is measured from ground level - “Ground level
means the level of the surface of the ground immediately adjacent to the building in
question, or where the ground is not uniform, the level of the highest part of the
surface of the ground adjacent to it”.
2.11 Figure 9 shows a rear, single storey extension on uneven ground that slopes away
from the house. The annotation identifies the point at which “height” should be
measured.
9
Figure 9
Height
10
3: CLASS A DEVELOPMENT, GENERAL RESTRICTIONS
Site Coverage
A.1 (a) as a result of the works, the total area of ground covered by buildings
within the curtilage of the dwellinghouse (other than the original dwellinghouse)
would exceed 50% of the total area of the curtilage (excluding the ground area
of the original dwellinghouse)
3.1 The total area of ground covered by buildings within the curtilage of the
dwellinghouse (other than the original dwellinghouse) cannot exceed 50% of the
total area of the curtilage (excluding the ground area of the original dwellinghouse).
3.2 The restrictions on site coverage are specific to Classes A and E of the Amendment
Order.
3.3 ‘Curtilage’ is not defined in legislation but has been considered by the courts on
many occasions. The extent of the curtilage will always be a matter of fact and
degree, responding to the features and circumstances of the house in question. In a
built up residential area, the extent of the curtilage will normally be obvious, given
that boundaries will usually be clearly defined and no piece of land can be within the
curtilage of more than one property.
3.4 The curtilage will not necessarily be a small area; it will depend on the scale and
nature of the house. Ancillary buildings, structures or areas such as outhouses,
garages, driveways or gardens will be included, whereas the whole of a substantial
country estate would not. An important requirement is that the house and everything
within its curtilage should, when considered together, amount to an integrated
whole. Considerations of function, history, ownership and physical layout will all be
material in determining the extent of the curtilage.
3.5 Buildings “other than the original dwellinghouse” comprise existing and proposed
outbuildings (including detached garages) as well as any existing or proposed
extensions to a house. But the area covered by the original house is excluded when
calculating the 50% curtilage limit.
3.6 In Figure 10, the maximum area that can be built on as permitted development,
whether house extensions, or outbuildings erected under Development Class E,
would be 50% of the white area.
11
Figure 10
Curtilage
of house
A.1 (b) the height of the part of the dwellinghouse enlarged, improved or altered
would exceed the height of the highest part of the roof of the existing
dwellinghouse;
3.7 The “highest part of the roof of the existing dwellinghouse” will be the ridge line of the
main roof (even though there may be other roofs at a lower level), or the height of the
highest building where roofs are flat.
3.8 Chimneys, firewalls, parapet walls, other roof furniture, or any other protrusions
above the main roof ridge line must not be taken into account when identifying the
height of the highest part of the roof of the existing house.
3.9 However, when calculating the height of the enlarged part of the house, the
measurement must include any new protrusions above the roof such as parapet walls
etc. (see paragraph A.4 of Development Class A).
12
Maximum eaves height of development
A.1 (c) the height of the eaves of the part of the dwellinghouse enlarged,
improved or altered would exceed the height of the eaves of the existing
dwellinghouse;
3.10 Advice on measuring eaves height is provided in section 2 of this guidance note.
A.1 (d) the enlarged part of the dwellinghouse would be within 2 metres of the
boundary of the curtilage of the dwellinghouse and -
(i) the height of the eaves of any part of the enlarged part which is within 2
metres of the boundary of the curtilage of the dwellinghouse would exceed
3 metres; or
(ii) the height of any part of the enlarged part which is within 2 metres of
the boundary of the curtilage of the dwellinghouse would exceed 4 metres.
3.11 The height restrictions in A.1 (d) (i) and (ii) only apply to that part of the extension
which is within 2m of the boundary.
3.12 Figures 11 and 13 provide examples of single-storey rear extensions that would
meet the criteria in A.1 (d) - in Figure 13 the eaves over 3m high is more than 2m
from the boundary. Figure 12 shows a rear extension that would not be permitted
development as it fails to comply with condition A.1 (d) (i).
Figure 11
Eaves height
acceptable
2.5m
3m
13
Figure 12
Eaves height
unacceptable
X
> 3m
3m
Figure 13
14
3.13 Guidance on measurement of eaves is provided in section 2 of this guidance note
(see also paragraph A.5 of Development Class A).
A.1 (e) the enlarged part of the dwellinghouse would extend beyond a wall
comprised in the principal elevation of the original dwellinghouse.
3.14 This condition means that any development that is in front of a wall that forms part
of the principal elevation of the original dwellinghouse requires an application for
planning permission.
3.15 Guidance on how to define the “principal elevation” is provided in section 2 of this
Guidance Note.
3.16 ”Extend beyond a wall” means that the development cannot project in front of the
building line of any wall that forms part of the principal elevation of the original
dwellinghouse. The building line extends to the side boundaries of the
dwellinghouse. Figure 14.1 shows two extensions that would not be permitted by
A.1 (e) as they both extend beyond the building line of the wall that forms the
principal elevation of the house.
3.17 A principal elevation may not be flat and uniform; it may be curved, contain more
than one wall or broken up by architectural features such as bay windows or a
15
porch. It should also be noted that A.1 (e) refers to a “wall comprised in the
principal elevation……..”. An elevation may be comprised of elements other than
walls, for example bay windows, porches, and guttering. Many of these elements
will project beyond the wall, although some may be recessed. However, the effect
of “wall comprised in” is that measurement should be taken from the external
surface of the wall itself, not from any other element of the elevation.
3.18 Development is not permitted in front of the building line that forms the principal
elevation of the original dwellinghouse. The building line follows those parts of the
outer wall of the house that form the face of the principal elevation of the original
house and then continues to the side boundary. This concept is illustrated in the
figures below:
16
Figure 14.3
Figure
14.4
17
4: EXTENSIONS
SIDE EXTENSIONS
A.1 (f) the enlarged part of the dwellinghouse would extend beyond a wall
comprised in a side elevation of the existing dwellinghouse, and would
be nearer to the highway than—
(i) the wall comprised in that side elevation which is nearest to the
highway; or
(ii) any point 5 metres from the highway;
whichever is the nearer to the highway;
4.1 Paragraph A.1 (f) applies to all development proposals involving side extensions.
Side elevations link the principal and rear elevations. A “wall comprised in a side
elevation of the existing dwellinghouse” will be any wall that does not comprise a
front or rear wall. Houses will often have more than two side elevation walls – this is
illustrated in Figure 15 below:
Figure
15 Walls forming side elevation
4.2 Side extensions are permitted subject to compliance with the conditions in A.1 (g) or
(h) of the Order and A.1 (f) – illustrated in the following diagrams.
18
Figure 16
Single-storey side extension
allowed subject to compliance with
A.1 (g)
5m
5m
19
Single storey side extensions
A.1 (g) the enlarged part of the dwellinghouse would extend beyond a
wall comprised in a side elevation of the original dwellinghouse, would
have a single storey and—
4.3 Single storey side extensions are allowed, subject to the conditions in paragraphs
A.1 (f) and A.1 (g). Where an extension attaches to a pre-existing outbuilding, the
pre-existing outbuilding becomes part of the enlarged, improved or altered
dwellinghouse; as such the height and width limitations in A.1 (g) apply, so the
resulting extension cannot exceed 4m in height and the width cannot exceed the
width of the widest part of the original dwellinghouse by more than 50%.
4.4 For the purposes of Class A, “width” relates to the distance between the side
elevations of the dwellinghouse. The width of the original house should be
calculated at its widest point and the width of the widest part of the resulting
dwellinghouse must take into account any existing extensions to the original house,
whether permitted by the General Permitted Development Order (Part 1) or not.
For example if the widest part of the original dwellinghouse is 7m, the maximum
width of the resulting dwellinghouse would be 10.5m [i.e. the width of the original
dwellinghouse (7m) plus 50% of the width of the original dwellinghouse (3.5m)].
4.5 Figure 18 shows a single-storey side extension that would benefit from permitted
development rights.
20
Figure 18
Figure 18 complies with the conditions for a single-storey side extension, which are:
• Not to exceed 50% of the total area of the curtilage : A.1 (a)
• Eaves height of extension not to be higher than the eaves height of that part of
the house from which the extension projects : A.1 (c) A.5
• Not to be within 2 metres of a boundary of the dwellinghouse where height of the
eaves of the enlarged part exceeds 3 metres : A.1 (d) (i) and A.5
• Not to exceed a height of 4 metres within 2 metres of the boundary : A.1 (d) (ii)
• Not to extend beyond a wall comprised in the principal elevation : A.1 (e)
• Not to be nearer a highway than any wall in the side elevation of the existing
dwellinghouse or at least 5 metres from the highway, whichever is nearest to the
highway : A.1 (f) and A.6
• Not to exceed 4 metres in height : A.1 (g) (i)
• The width of the widest part of the resulting dwellinghouse not to exceed the
width of the widest part of the original dwellinghouse by more than 50% : A.1 (g)
(ii)
• No verandas, raised platforms, roof terraces or balconies, other than a balcony
that complies with condition A.1 (l) (ii) : A.1 (l)
• Appearance of materials in wall & roof to match existing : A.3 (a)
21
Side extensions of more than one storey
A.1 (h) the enlarged part of the dwellinghouse would extend beyond a wall
comprised in a side elevation of the original dwellinghouse, would have more
than one storey, either in its own right or if considered together with any part
of the existing dwellinghouse, and—
(i) the enlarged part of the dwellinghouse would be within 10.5 metres of
any boundary which is—
(ii) the enlarged part of the dwellinghouse would be set back, by less
than 1 metre, from the point nearest to that part in any wall comprised
in the principal elevation of the original dwellinghouse; or
(iii) the width of the widest part of the resulting dwellinghouse would
exceed the width of the widest part of the original dwellinghouse by
more than 50 per cent.
4.6 Side extensions containing more than one storey are permitted, subject to the
conditions in A.1 (f) and the conditions in A.1(h).
4.7 Any development permitted by A.1(h) must be sited at least 10.5m away from the
side boundary of the dwellinghouse and must be set back, by at least 1m, from the
principal elevation of the original dwellinghouse.
4.8 The width of the original house should be calculated at its widest point, and the
width of the widest part of the resulting dwellinghouse must take into account any
existing extensions to the original house, whether permitted by the General
Permitted Development Order (Part 1) or not. For example if the widest part of the
original dwellinghouse is 7m, the maximum width of the resulting dwellinghouse
would be 10.5m (i.e. the width of the original dwellinghouse, 7m, plus 50% of the
width of the original dwellinghouse, 3.5m).
4.9 Figure 19 below shows a two-storey side extension that would be permitted
development:
22
Figure 19
3m
6m
10.5 m
1m setback
Figure 19 complies with the conditions for side extensions of more than one storey, which
are:
• Not to exceed 50% of the total area of the curtilage : A.1 (a)
• Not to exceed the height of the roof of the existing dwelling : A.1 (b) and A.4
• Not to exceed height of the eaves of the existing dwellinghouse : A.1 (c) and A.5
• Not to be within 2 metres of a boundary of the dwellinghouse where height of the
eaves of the enlarged part exceeds 3 metres : A.1 (d) (i) and A.5
• Not to exceed a height of 4 metres within 2 metres of the boundary : A.1 (d) (ii)
• Not to extend beyond a wall comprised in the principal elevation : A.1 (e)
• Not to be nearer a highway than any wall in the side elevation of the existing
dwellinghouse or at least 5 metres from the highway, whichever is nearest to the
highway : A.1 (f) and A.6
• Extension not to be within 10.5m of the side boundary, opposite the side elevation
of the dwellinghouse : A.1 (h) (i)
• Development to be set back from principal elevation of the dwellinghouse by at
least 1m : A.1 (h) (ii)
• The width of the widest part of the resulting dwellinghouse not to exceed the width
of the widest part of the original dwellinghouse by more than 50% : A.1 (h) (iii)
• No verandas, raised platforms, roof terraces or balconies, other than a balcony that
complies with condition A.1 (l) (ii) : A.1 (l)
• Appearance of materials in wall & roof to match existing : A.3 (a)
• Upper floor window in side elevation is further than 10.5m from boundary so A.3 (b)
does not apply
• Roof pitch to match existing : A.3 (c)
23
REAR EXTENSIONS
A.1 (i) the enlarged part of the dwellinghouse would extend beyond the rear wall
of the original dwellinghouse, would have a single storey and would —
(i) extend beyond the relevant part or, as the case may be, any of the
relevant parts of the rear wall of the original dwellinghouse by more than 4
metres; or
4.10 A single-storey extension must not project beyond the rear wall of the original house
by more than four metres. The rear wall will be contained in the elevation that is
opposite the principal elevation. The maximum height of the extension must not be
more than four metres. Where an extension attaches to a pre-existing outbuilding,
the pre-existing outbuilding becomes part of the enlarged, improved or altered
dwellinghouse; as such the conditions in A.1 (i) apply, i.e. the resulting extension
cannot project by more than 4m from the rear wall of the original dwellinghouse and
cannot exceed 4m in height.
4.11 The length of a rear extension should be measured from the rear wall of the original
house to the outer edge of the wall of the extension, as illustrated in Figure 20. The
word “wall” in this limitation has its ordinary meaning and will therefore not include
things which are attached to or placed on it, such as window frames, guttering,
eaves and barge boards. Therefore, measurements are not to be made from such
items, but from the wall itself.
24
Measurement of “extend
Figure 20 beyond a rear wall”
when the extension is
directly attached to the
rear wall
4.12 The rear wall of a house may be stepped and thus made up of two or more walls
across the width of the house, this may be the case when a dwellinghouse contains
a number of rear annexes.
4.13 Figure 21 shows a plan of a detached house with an original ‘stepped’ rear - all the
extensions would be permitted development as they do not project by more than
four metres beyond each relevant part of the rear wall.
Figure 21
Permitted extensions
25
4.14 However, in figure 22, the extension to the rear of the house would project more
than 4m from rear walls and would not therefore be permitted development.
Figure 22
Extension not permitted
4.15 Figure 23 shows an example of a single storey rear extension that would be
permitted development.
26
Figure 23
The above example complies with the conditions for a single storey rear extension,
which are:
• Not too exceed 50% of the total area of the curtilage : A.1 (a)
• Eaves height of extension not to be higher than the eaves height of that part of
the house from which the extension projects : A.1 (c) and A.5
• Not to be within 2 metres of a boundary of the dwellinghouse where height of
the eaves of the enlarged part exceeds 3 metres : A.1 (d) (i) and A.5
• Not to exceed a height of 4 metres within 2 metres of the boundary : A.1 (d) (ii)
• Not to project beyond rear wall of the original dwellinghouse by more than 4
metres : A.1 (i) (i)
• Not to exceed 4 metres in height : A.1(i) (ii) and A.7
• No verandas, raised platforms, roof terraces or balconies, other than a balcony
that complies with condition A.1 (l) (ii) : A.1 (l)
• Appearance of materials in wall & roof to match existing : A.3 (a)
27
Rear Extensions containing more than one storey
A.1 (j) the enlarged part of the dwellinghouse would extend beyond the rear
wall of the original dwellinghouse, would have more than one storey, either
in its own right or if considered together with any part of the existing
dwellinghouse, and—
(i) the ground floor storey would extend beyond the relevant part or, as
the case may be, any of the relevant parts of the rear wall of the
original dwellinghouse by more than 4 metres;
(ii) the first floor or higher storey would extend beyond the relevant part
or, as the case may be, any of the relevant parts of the rear wall of
the original dwellinghouse by more than 3 metres; or
(iii) the first floor or higher storey would be within 10.5 metres of any
boundary which is—
(aa) a boundary of the curtilage of the dwellinghouse; and
(bb) opposite the rear wall of the dwellinghouse;
4.16 A rear extension with ‘more than one storey’ could comprise a two storey extension to
a house or the addition of a storey onto an existing single storey element. The first
floor or upper storey of the enlarged part of the house must not project from the rear
wall of the house by more than 3m.
4.17 For example, a householder may wish to construct a 2 storey extension that consists
of a 4 metre long element at ground floor level and a 3 metre long element at first
floor level, as shown on figure 24. The resulting extension would have “more than
one storey” and would be permitted development.
4.18 Where a dwelling benefits from an existing ground floor extension or annex, providing
the existing ground floor extension does not project from the rear wall of the
dwellinghouse by more than 4 metres, an additional storey can be added. However
any additional storey above ground floor level (i.e. any development above 4m
height) cannot project from the rear wall of the dwellinghouse by more than 3 metres.
4.19 Any extension above ground floor level (i.e. above a height of 4m) will only be
permitted when it is at least 10.5m from the rear boundary of the house.
4.20 Figures 24 and 25 show examples of 2 storey rear extensions that would be
permitted development.
28
Figure 24
3m
.
Figure 25
29
The above examples comply with the conditions for a rear extension containing more than
one storey, which are:
• Not to exceed 50% of the total area of the curtilage : A.1 (a)
• Not to exceed the height of the roof of the existing dwellinghouse : A.1 (b) and A.4
• Not to exceed height of the eaves of the existing dwellinghouse : A.1 (c) and A.5
• Not to be within 2 metres of a boundary of the dwellinghouse where height of the
eaves of the enlarged part exceeds 3 metres : A.1 (d) (i)
• Not to exceed a height of 4 metres within 2 metres of the boundary : A.1 (d) (ii)
• Ground floor element of enlarged dwellinghouse not to project from the rear wall of
the original dwellinghouse by more than 4m : A.1 (j) (i)
• Upper floor element of enlarged dwellinghouse not to project from the rear wall of
the original dwellinghouse by more than 3m : A.1 (j) (ii)
• Enlarged dwellinghouse to be at least 10.5m from the rear boundary of the curtilage
of the dwellinghouse : A.1 (j) (iii)
• No verandas, raised platforms, roof terraces or balconies, other than a balcony that
complies with condition A.1 (l) (ii) : A.1 (l)
• Appearance of materials in wall & roof to match existing : A.3 (a)
• No upper floor windows in side elevation so A.3 (b) does not apply
• Roof pitch to match existing : A.3 (c)
4.21 Figure 26 below shows an example of a 2 storey rear extension that would not be
permitted as it would fail to accord with condition A.1 (d) (ii):
“the height of any part of the enlarged part which is within 2 metres of the boundary
of the curtilage of the dwellinghouse would exceed 4 metres”
Figure 26
X
>4m
3m
30
4.22 Figure 27 shows an example of a combined single and two storey rear extension
that complies with condition A.1 (d) (ii).
Figure 27
31
WRAP AROUND EXTENSIONS
4.23 Wrap around extensions are permitted but only when all elements of the extension
comply with the relevant conditions in Class A.
4.25 A.1 (i) states that single-storey rear extensions are not permitted development
when they extend beyond the relevant rear wall of the original house by more than
4 metres. As part of the wrap around extension in house A extends from a rear wall
of the house, along the boundary with house B, by 8 metres it is not permitted
development.
4.26 The 4 metre single-storey ground floor extension and the single-storey wrap-around
extension at house B are permitted development. They do not extend beyond the
relevant parts of the rear wall of the house by more than 4 metres and therefore
accord with A.1 (i). Other, relevant conditions for single-storey rear extensions will
also need to be complied with (see figure 23).
Figure
28 Extension
X
A B
32
5: OTHER IMPROVEMENTS AND ALTERATIONS TO
DWELLINGHOUSES
A.1 (k) it would consist of or include external wall insulation which projects from
that part of the exterior of the dwellinghouse to which it is affixed by more than
16 centimetres;
5.1 External wall insulation (EWI) comprises a layer of insulation material that is
normally attached to external walls with mechanical fixings and adhesive, and then
covered with protective layers of render or cladding. The finish covers the whole
exterior of the building, including existing brickwork. All external pipe work and
other fittings usually need to be removed and replaced during this process.
5.2 A.1 (k) limits the extent of projection of EWI from the external wall of the
dwellinghouse to 16cm. This provides some flexibility in the type of insulation
material used to achieve compliance with the U-values (a measure of thermal
resistance) required by building regulations.
5.3 EWI is not permitted in article 1(5) land or World Heritage Sites - condition A.2(b).
5.4 Paragraph A.3 (a), that requires the appearance of materials to “…so far as
practicable match” those used on the existing house, does not apply to EWI as
there will be no “equivalent element” in the existing dwellinghouse.
5.5 Where particular streets of housing have a special character or appearance that
LPAs wish to protect, they have the ability to remove permitted development rights
using Article 4 directions.
33
A.1 (l) it would consist of or include—
(i) the construction or provision of a veranda or raised platform,
(ii) the construction or provision of a balcony which—
(aa) contains a platform of any description; and
(bb) projects from the part of the exterior of the dwellinghouse to
which it is affixed by more than 30 centimetres; or
(cc) if projected downwards in a vertical line to ground level, is
within 10.5 metres of any boundary of the curtilage of the
dwellinghouse opposite the relevant side elevation; or
(dd) would be affixed to a wall comprised in the principal elevation
of the dwellinghouse;
(iii) the construction or provision of a roof terrace, whether or not it
would incorporate associated railings, fencing or other means of
enclosure,
(iv) the installation, alteration or replacement of a microwave antenna,
(v) the installation, alteration or replacement of a chimney,
(vi) the installation, alteration or replacement of an air source heat
pump, solar PV or solar thermal equipment or a flue forming part of
a biomass heating system or combined heat and power system;
(vii) the installation of shutters on any part of the principal elevation of
the dwellinghouse; or
(viii) an alteration to any part of the roof of the dwellinghouse, being an
alteration which does not fall within paragraphs A.1(l)(i) to (vii).
5.6 Verandas, balconies, raised platforms and roof terraces are not permitted
development and will require planning permission.
5.7 “Veranda” is not defined and therefore has its ordinary meaning. It is considered that
this will include a gallery, platform, or balcony (sometimes roofed and often partly
enclosed), extending along the outside of a building at ground level.
5.8 Similarly, balcony is not defined but it is considered that its ordinary meaning will
comprise a platform with a rail, balustrade or parapet projecting outside an upper
storey of a building. However, a ‘Juliet’ balcony, where there is no platform and no
projection from the exterior of the building by more than 30cm, would normally be
permitted development, unless it is installed on the principal elevation of the
dwellinghouse, or would be within 10.5 metres of a boundary opposite the relevant
side elevation.
5.9 A raised platform is any platform with a height greater than 30cm, (see paragraph I.1
under ‘Interpretation of Part 1” of the draft Order).
5.10 A roof terrace is considered to be an external flat surface on top of a roof that is
capable of being used for any purpose incidental to the enjoyment of the house.
34
5.11 External shutters such as security shutters can have a significant adverse impact on
visual amenity, the installation of these shutters on the principal elevation will require
planning permission.
5.12 The items set out in (l) are not permitted under Class A of Part 1. However some
may be permitted under other Classes or Parts subject to the limitations and
conditions set out in those classes. For example Class H relates to the installation,
alteration or replacement of a microwave antenna and Class G relates to the
installation, alteration or replacement of a chimney.
35
6: RESTRICTIONS ON CLASS A DEVELOPMENT IN
ARTICLE 1(5) LAND AND WORLD HERITAGE SITES
A.2 In the case of a dwellinghouse on article 1(5) land or within a World Heritage
Site, development is not permitted by Class A if—
(a) it would consist of or include the cladding of any part of the exterior of the
existing dwellinghouse with stone, artificial stone, pebble dash, render, timber,
plastic, metal or tiles;
(c) the enlarged part of the dwellinghouse would have a single storey, would
extend beyond a wall comprised in a side elevation of the original
dwellinghouse and would—
(i) extend beyond the relevant part or, as the case may be, any of the relevant
parts of a wall comprised in a side elevation of the original dwellinghouse by
more than 3 metres; or
(ii) be set back, by less than 1 metre, from the nearest point in any wall
comprised in the principal elevation of the original dwellinghouse; or
(d) the enlarged part of the dwellinghouse would have more than one storey,
either in its own right or if considered together with any part of the existing
dwellinghouse.
6.1 In order to protect the special character of article 1(5) land and World Heritage
Sites, additional restrictions are placed on Class A development.
36
7: DESIGN/PRIVACY CONDITIONS FOR CLASS A
DEVELOPMENT
A.3 Development is permitted by Class A subject to the following
conditions—
(a) the appearance of the materials used in the walls, roof or other element
of any exterior work must so far as practicable match the appearance of the
materials used in the majority of the equivalent element of the existing
dwellinghouse;
(i) obscure-glazed,
(c) where the enlarged part of the dwellinghouse has more than one storey,
the roof pitch of the enlarged part must, so far as practicable, match the roof
pitch of the existing dwellinghouse.
7.1 Class A development should, “as far as practicable” match the appearance of the
existing house. But this does not mean that development has to be constructed in
identical materials, local planning authorities are expected to adopt a proportionate
and pragmatic approach to assessing compliance with the requirements of Class
A.3 (a).
7.2 The following points should be considered when assessing compliance with Class
A.3(a):
37
proposed on a house that only contains pitched roofs. In such cases, it may not
be practical to match the appearance of roof materials but it may be possible to
secure a similar colour on the roof surface and the walls
• in applying condition A.3(a), local planning authorities should take account of the
prominence or visibility of the extension
• the size, positioning, style and materials of new windows and doors should
generally provide a similar visual appearance to those on the existing dwelling in
order to achieve a consistent appearance. In some cases it may be appropriate
to include new PVC double glazed windows in an extension even if there are no
such windows in the existing house but they should give a similar visual
appearance to those in the existing house in terms of their overall shape, colour
and the frame size
• the requirement to match materials does not apply to proposals for new
conservatories, EWI or cladding as these forms of development have no
“equivalent element” in the existing dwellinghouse
7.3 This condition applies to the alteration or addition of new upper-floor windows in the
side elevations of existing houses and the side elevations of any new Class A
development. Obscure glazing is rated on a scale of 1 to 5, with 5 providing the
most privacy. To comply with the requirements of A.3 (b), side windows should be
obscure glazed to minimum of level 3. Obscure glazing does not include one-way
glass.
7.4 The condition applies to all upper floor windows that would be within 10.5m metres
of the side boundary of the dwellinghouse. This is demonstrated in figure 29.
38
Figure 29
10.5m
7.5 Condition A.3 (b) also requires windows to be non-opening, unless the openable
part of the window is at least 1.7m above internal floor/stair level. This is
demonstrated in figure 30.
39
7.6 It should be noted that condition A.3 (b) requires the retention of obscure glazing
and non-opening windows on a permanent basis.
7.7 This condition requires the roof pitch of an extension with more than one storey to
match (as far as practicable) the roof pitch of the existing house. In the examples
below, figure 31 shows a 2 storey side extension with a flat roof, which would not be
acceptable as there is no technical reason why the roof pitch of the existing house
cannot be matched. This is illustrated in the diagrams below:
Figure 31
Roof pitch
unacceptable
40
8: Roof Extensions
B. The enlargement of a dwellinghouse consisting of an addition or alteration
to its roof.
Development not permitted
B.1 Development is not permitted by Class B if—
(a) any part of the dwellinghouse would, as a result of the works, exceed
the height of the highest part of the existing roof;
(b) any part of the dwellinghouse would, as a result of the works, extend
beyond the plane of any existing roof slope which forms the principal
elevation of the dwellinghouse;
(c) any part of the dwellinghouse would, as a result of the works, extend
beyond the plane of any existing roof slope which—
(i) is comprised in a side elevation of the existing dwellinghouse; and
(ii) is within 10.5 metres from a highway opposite the side elevation of
the dwellinghouse;
(d) the cubic content of the resulting roof space would exceed the cubic
content of the original roof space by more than—
(i) 40 cubic metres in the case of a terrace house; or
(ii) 50 cubic metres in any other case;
(e) other than in the case of a hip to gable enlargement, any part of the
enlargement would be less than 20 centimetres from the eaves of the
existing roof;
(f) it would consist of or include—
(i) the construction or provision of a veranda or raised platform ;
(ii) the construction or provision of a balcony which—
(aa) contains a platform of any description;
(bb) projects from the part of the exterior of the dwellinghouse to
which it is affixed by more than 30 centimetres; or
(cc) if projected downwards in a vertical line to ground level, is
within 10.5 metres of any boundary of the curtilage of the
dwellinghouse opposite the relevant side elevation; or
(iii) the construction or provision of a roof terrace, whether or not it
would incorporate associated railings, fencing or other means of
enclosure; or
(g) the dwellinghouse is on article 1(5) land or within a World Heritage Site.
Conditions
B.2 Development is permitted by Class B subject to the following conditions—
(a) the appearance of the materials used in each element of any exterior
work must so far as practicable match the appearance of the materials
used in the equivalent element of the existing dwellinghouse; and
(b) if any element of a window inserted on a roof slope or other element of
a side elevation of the dwellinghouse would, if projected downwards in
a vertical line to ground level, be within 10.5 metres of any boundary of
the curtilage of the dwellinghouse opposite the relevant side elevation,
41
then the window must be—
(i) obscure-glazed;
(ii) non-opening unless any part of the window which can be opened is,
when measured at any point along the lowest edge of that part, at
least 1.7 metres above the internal floor or stair of the
dwellinghouse directly below that point; and
(iii) permanently maintained in compliance with the requirements of
paragraphs B.2 (b) (i) and (ii).
Interpretation of Class B
B.3 For the purposes of Class B “resulting roof space” means the roof space
as enlarged, taking into account any enlargement to the original roof space,
whether permitted by this Class or not.
B.4 In determining the height of the highest part of the existing roof for the
purposes of paragraph B.1(a), no account is to be taken of any parapet wall,
firewall, chimney or other roof furniture or similar structure projecting from
that roof.
B.5 For the purposes of paragraph B.1(b), a hip to gable extension which
would result in the enlargement of the area of an existing roof slope forming
the principal elevation of the dwellinghouse is not to be taken to be
development extending beyond the plane of that roof slope.
B.6 For the purposes of paragraph B.1(e)—
(a) measurement to the eaves is to be made to the point where the external
walls of the dwellinghouse would, if projected upwards, meet the lowest
point of the upper surface of the roof; but
(b) no account is to be taken of any parapet wall or any part of the roof
surface which overhangs the external walls of the dwellinghouse.
8.1 Roof enlargements will only be permitted development if no part of the house once
enlarged exceeds the height of the highest part of the roof of the existing house.
8.2 The “highest part of the roof of the existing dwellinghouse” will be the ridge line of
the main roof (even though there may be other roofs at a lower level), or the height
of the highest building where roofs are flat.
8.3 Chimneys, firewalls, parapet walls and other protrusions above the main roof ridge
line must not be taken into account when considering the height of the highest part
of the roof of the existing house (see paragraph B.4 of Development Class B).
42
Principal elevation limitations - B.1(b)
8.4 The effect of this is that dormer windows as part of a loft conversion, or any other
enlargements of the roof space, are not permitted development on the principal
elevation. Roof lights in a loft conversion on a principal elevation may however be
permitted development as long as they meet the requirements set out under
Development Class C.
8.5 The principal elevation could include more than one roof slope facing in the same
direction - for example, where there are large bay windows on the front elevation, or
where there is an ‘L’ shaped frontage. In such cases, all such roof slopes will form
the principal elevation and the line for determining what constitutes ‘extends beyond
the plane of any existing roof slope’ will follow these slopes. (see figure 33).
Figure
33 Roof enlargements not permitted on roof
slopes forming the principal elevation of
the dwellinghouse - i.e. not permitted in
front of this line
X
X X
X X
8.6 Where the main part of the dwelling has a hipped roof, the hipped element is not
considered to “extend beyond the plane of any existing roof slope which forms the
principal elevation of the dwellinghouse”. In such situations it may be possible to
enlarge the roof space on the side elevation of the dwelling – see figure 34.
43
Figure
Roof enlargements not permitted on roof 34
slopes forming the principal elevation of
the dwellinghouse - i.e. not permitted in
front of this line
X
X X
X X
8.7 Any roof enlargement on a side elevation of the existing dwellinghouse cannot be
less than 10.5m from any highway that is opposite the relevant side elevation. The
dormer extension in figure 35 conforms to the limitations in B.1(c) (i) and (ii), the
example in figure 36 would not benefit from permitted development rights as it is
less than 10.5 from the highway opposite the side elevation.
Figure 35
Dormer extension
complies with B.1 (c) (i)
and (ii)
10.5m
44
Figure 36
8.8 For the purposes of Development Class B ‘resulting roof space’ means the roof
space as enlarged, taking into account any enlargement to the original roof space,
whether permitted by this Class or not.
8.9 To be permitted development any additional roof space created must not increase
the volume of the original roof space of the house by more than 40 cubic metres for
terraced houses and 50 cubic metres for semi-detached and detached houses. Any
previous enlargement to the original roof space in any part of the house must be
included in this volume allowance.
8.10 The definition of ‘terrace house’, which applies to Part 1 (see paragraph I.1 under
‘Interpretation of Part 1” of the draft Order) is provided as an interpretation for the
purposes of Part 1 to the GPDO.
8.11 The term ‘original roof space’ means the roof space in the “original” house.
“Original”, as defined in the GPDO, relates to a, “building existing on 1st July 1948,
as existing on that date and, in relation to a building built on or after 1st July 1948,
as so built”.
8.12 Hip to gable extensions are permitted under Class B. Interpretation B.5 clarifies
that, for the purposes of B.1(b), a hip to gable extension, which would enlarge the
area of roof slope on the principal elevation, is not to be taken to be development
extending beyond the plane of that roof slope.
45
Siting restrictions - B.1 (e)
8.13 Other than in the case of hip to gable extensions, roof enlargements need to be set
off from the eaves of the roof of the existing dwellinghouse - on which the dormer
would be sited - by at least 20cm (see figure 37).
Figure 37
20cm
8.14 The measurement to the eaves of a house must be made along the original roof
slope from the point where the external walls, if projected upwards, meet the upper
surface of the roof (see also section 2). Any parapet wall or any part of a roof
surface which overhangs the external walls of the house must not be included in
this measurement (see B.6 for these requirements).
8.15 Alterations to the roof of a house for loft conversions involving the creation of
verandas, balconies, raised platforms and roof terraces are not permitted
development and will require planning permission.
8.16 “Veranda” is not defined but has its ordinary meaning - this includes a gallery,
platform, or balcony (sometimes roofed and often partly enclosed) extending along
the outside of a building at ground level.
8.17 A raised platform is any platform with a height greater than 30 cm.
8.18 “Balcony” is considered to have its ordinary meaning and will comprise a platform
with a rail, balustrade or parapet projecting outside an upper storey of a building.
However, a ‘Juliet’ balcony, where there is no platform and no projection from the
exterior of the building by more than 30cm, would normally be permitted
development unless it would be within 10.5 metres of a boundary opposite the
relevant side elevation.
46
8.19 A roof terrace is considered to be an external flat surface on top of a roof that is
capable of use for any purpose incidental to the enjoyment of the house.
8.20 In these protected areas, roof extensions are not permitted development and will
require an application for planning permission.
8.21 The design/privacy conditions for Class B developments are similar to those in
Class A (page 36). It should be noted that materials such as upvc (other than
possibly for windows) will not be acceptable. It is expected that roof extensions will
be finished in hanging tiles, render or brickwork to match the finish on the existing
house or roofspace - condition B.2 (a).
47
9: ALTERATIONS TO THE ROOF NOT INVOLVING
ENLARGEMENT
Permitted development
C. Any other alteration to the roof of a dwellinghouse.
Development not permitted
C.1 Development is not permitted by Class C if—
(a) the alteration would protrude more than 15 centimetres beyond the plane
of the slope of the original roof when measured from the perpendicular
with the external surface of the original roof;
(b) it would result in the highest part of the alteration being higher than the
highest part of the original roof;
(c) it would consist of or include—
(i) the installation, alteration or replacement of a chimney;
(ii) the installation, alteration or replacement of a microwave antenna;
(iii) the installation, alteration or replacement of an air source heat pump,
solar PV, solar thermal equipment or a flue forming part of a biomass
heating system or combined heat and power system;
(iv) the construction or provision of a veranda or raised platform;
(v) the construction or provision of a balcony which—
(aa) contains a platform of any description;
(bb) projects from the part of the exterior of the dwellinghouse to
which it is affixed by more than 30 centimetres; or
(cc) if projected downwards in a vertical line to ground level, is within
10.5 metres of any boundary of the curtilage of the
dwellinghouse opposite the relevant side elevation;
(vi) the construction or provision of a roof terrace, whether or not it would
incorporate associated railings, fencing or other means of enclosure;
(vii) the removal of a chimney from a dwellinghouse on article 1(5) land or
within a World Heritage Site; or
(d) the alteration would consist of or include the insertion of a roof light into
a roof slope and the dwellinghouse is on article 1(5) land or within a
World Heritage Site.
Conditions
C.2 Development is permitted by Class C subject to the following conditions—
(a) the appearance of the materials used in each element of any exterior
work must so far as practicable match the appearance of the materials
used in the equivalent element of the existing dwellinghouse; and
(b) if any element of a window inserted on a roof slope or other element of a
side elevation of the dwellinghouse would, if projected downwards in a
vertical line to ground level, be within 10.5 metres of any boundary of the
curtilage of the dwellinghouse opposite the relevant side elevation, the
48
window must be—
(i) obscure-glazed;
(ii) non-opening unless any part of the window which can be opened is,
when measured at any point along the lowest edge of that part, at
least 1.7 metres above the internal floor or stair of the dwellinghouse
directly below that point; and
(iii) permanently maintained in compliance with paragraphs C.2(b)(i) and
(ii).
Interpretation of Class C
C.3 For the purposes of paragraph C.1(b)—
(a) in the determination of the height of the highest part of the original roof,
no account is to be taken of any relevant structure projecting from that
roof;
(b) in the determination of the height of the highest part of the alteration,
account is to be taken of any relevant structure comprised in the
alteration; and
(c) “relevant structure” means any parapet wall, firewall, chimney or other
roof furniture or similar structure.
9.1 Class C development does not involve any enlargement of the house (such
development is addressed in Class B).
9.2 Class C development is not permitted to project from the roof by more than 15 cm,
as illustrated in figure 38. [C.1 (a)]
Figure 38
49
Height restriction - C.1 (b)
9.3 Guidance on these limits is covered in the commentary on Class B above (see
paragraphs 8.1 to 8.3). However, in the case of Class C, measurement of height is
made against the original roof and not as in Class B where it is the existing roof.
9.4 Although development referred to in C.1 (c) (i), (ii) and (iii) may not be permitted
development under Development Class C, an application for planning permission
may not be needed if the requirements set out in Development Class G (Chimney),
Development Class H (Microwave Antenna), or Part 40 of the GPDO are met.
9.5 Guidance relating to development referred to in (c) (iv), (v) and (vi) is provided in
the assessment of Class B.
9.6 C.1 (c) (vii) confirms that the removal of a chimney from a house located on Article
1(5) land or within a World Heritage Site is not permitted under Class C.
Development associated with chimneys is dealt with in Class G.
9.7 Where houses are located on article 1(5) land or within World Heritage Sites, roof
lights are not permitted.
Design/privacy conditions
9.8 The design/privacy conditions in C.2 are the same as those contained in A.3 (a) and
(b) – see section 7.
50
10: PORCHES
Permitted development
10.1 An example of a porch that would be permitted under Class D is provided in figure
39 below:
Figure 39
3m
2m
51
11: OUTBUILDINGS AND DOMESTIC HEATING
STORAGE
Permitted development
E. The provision within the curtilage of the dwellinghouse of—
(a) any building or enclosure, raised platform, swimming or other pool required
for a purpose incidental to the enjoyment of the dwellinghouse as such, or the
maintenance, improvement or other alteration of such a building, enclosure,
platform or pool; or
(b) a container used for domestic heating purposes for the storage of oil or liquid
petroleum gas.
Development not permitted
E.1 Development is not permitted by Class E if—
(a) the total area of ground covered by buildings, enclosures, raised platforms,
pools and containers within the curtilage (other than the original
dwellinghouse) would exceed 50% of the total area of the curtilage (excluding
the ground area of the original dwellinghouse);
(b) any part of the building, enclosure, raised platform, pool or container would
extend beyond a wall comprised in the principal elevation of the original
dwellinghouse;
(c) any part of the building, enclosure, raised platform, pool or container would
extend beyond a wall comprised in a side elevation of the existing
dwellinghouse, and would be nearer to the highway than—
(i) the wall comprised in that side elevation which is nearest to the highway;
or
(ii) any point 5 metres from the highway;
whichever is the nearer to the highway;
(d) the building would have more than one storey;
(e) the height of any part of the building, enclosure or container, measured from
the surface of the ground immediately adjacent to that part, would exceed—
(i) 4 metres in the case of a building having a roof with more than one pitch;
(ii) 3 metres in any other case;
(f) any part of the building, enclosure or container would be—
(i) within 2 metres of the boundary of the curtilage of the dwellinghouse; and
(ii) exceed 2.5 metres in height above the surface of the ground immediately
adjacent to it;
(g) the height of the eaves of the building, measured at any point along their
length, would exceed 2.5 metres;
(h) any part of the building, enclosure, pool or container would —
(i) be situated within 2 metres of the dwellinghouse; and
(ii) exceed 1.5 metres in height above the surface of the ground immediately
adjacent to it;
(i) the building, enclosure, pool or container would be situated within the
curtilage of a listed building;
52
(j) it would include the construction or provision of a veranda, balcony or raised
platform of which any part is more than 30 centimetres above the surface of
the ground directly below it;
(k) it would include the enlargement, improvement or other alteration of any part
of a dwellinghouse;
(l) it would include the installation, alteration or replacement of a microwave
antenna; or
(m) the capacity of the container would exceed 3,500 litres.
E.2 In the case of any land within the curtilage of the dwellinghouse which is on
article 1(5) land or within a World Heritage Site, development is not permitted by
Class E if—
(a) the total area of ground covered by buildings, enclosures, pools and
containers situated more than 20 metres from any wall of the dwellinghouse
would exceed 10 square metres;
(b) any part of the building, enclosure, pool or container would be situated on land
between a wall comprised in a side elevation of the existing dwellinghouse and
the section of the boundary of the curtilage of the dwellinghouse which faces
that wall.
Interpretation of Class E
E.3 For the purposes of Class E, “purpose incidental to the enjoyment of the
dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or
other livestock for the domestic needs or personal enjoyment of the occupants of the
dwellinghouse.
E.4 For the purposes of paragraphs E.1(b) and E.1(c), a part of a building, enclosure,
pool or container is to be determined to extend beyond a wall referred to in those
paragraphs if it would be in front of—
(a) in the case of a wall referred to in paragraph E.1(b)—
(i) that wall in its original form; or
(ii) that wall as it would exist if its original form were to have been extended,
continuing the line of the wall, from each of its side edges to the boundary
of the present curtilage of the dwellinghouse; or
(b) in the case of a wall referred to in paragraph E.1 (c)—
(i) that wall as it exists; or
(ii) that wall as it would exist if it were to be extended, continuing the line of
the wall, from each of its side edges to the boundary of the curtilage of the
dwellinghouse.
E.5 In determining the height of the eaves for the purposes of paragraph E.1(g)—
(a) the determination is to be made by reference to the point where the external
walls or other structure supporting the roof meet, or would meet if projected
upwards, the lowest point of the upper surface of the roof; but
(b) no account is to be taken of any parapet wall or any part of the roof slope
which overhangs the external walls or other structure supporting the roof.
53
Summary
11.1 Class E allows the provision of a range of buildings and structures within the
curtilage of the dwellinghouse that are “required for a purpose incidental to the
enjoyment of the dwellinghouse”. Such development includes garden sheds, other
storage buildings, garages, garden decking and pools.
11.3 Interpretation E.3 of Class E confirms that “purposes incidental to the enjoyment of
the dwellinghouse” include the keeping of poultry, bees, pet animals, birds or other
livestock for the domestic needs or personal enjoyment of the occupants of the
house.
Siting
• Total area of ground covered by Part E buildings not to exceed 50% of the total
area of the curtilage : E.1 (a)
• Not to be located in front of the building line of any wall that forms part of the
principal elevation of the original dwellinghouse : E.1 (b), E.4 and I.2. (Section 2
provides guidance on how to identify the principal elevation)
• Not to extend beyond a wall comprised in the side elevation of the house when
the development would be nearer a highway than any wall in the side elevation
of the existing dwellinghouse or at least 5 metres from the highway, whichever is
nearest to the highway : E.1 (c) and E.4
• The height restrictions in E.1(f) and E.1(h) only apply to that part of the building
that is within 2m of the curtilage boundary. Once the building is over 2m from
the curtilage boundary, the maximum height of a building is only restricted by
condition E.1(e), i.e. 4m for a roof with more than one pitch and 3m in all other
cases. In all cases, the maximum eaves height of any Class E building is limited
to 2.5m : E.1(g)
54
Figure 40
highway
Existing dwellinghouse
Curtilage boundary
55
Figure 41
highway
5m
Existing dwellinghouse
Curtilage boundary
2m buffer from curtilage boundary within which
development cannot exceed a height of 2.5m : E.1 (f)
2m buffer around dwellinghouse within which development
cannot exceed a height of 1.5m : E.1 (h) (i)
56
Height restrictions
Figure 42
2m
4m
2.5m
• Eaves height not to exceed 2.5m at any point along the length of the
development : E.1 (g) and E.5.
• No part of the development to be within 2m of the dwellinghouse where it would
exceed 1.5m in height : E.1 (h) (see Figure 43).
57
Figure 43
4m
2.5m
1.5m
2m
Listed Buildings
11.8 Verandas, balconies and raised platforms are not permitted development under
Development Class E where any part would project more than 300mm above the
surface of the ground directly below it.
11.9 As Class E is concerned with uses incidental to the enjoyment of the dwellinghouse,
the storage capacity of containers for oil or LPG is limited to 3,500 litres.
58
Figure 44
Existing dwellinghouse
Curtilage boundary
59
Figure 45
highway
Condition E.2 (b) applies in these square areas
60
12: HARDSTANDINGS
Permitted development
F. Development consisting of—
(a) the provision within the curtilage of a dwellinghouse of a hard surface for
any purpose incidental to the enjoyment of the dwellinghouse as such; or
(b) the replacement in whole or in part of such a surface.
Development not permitted
F.1 Development is not permitted by Class F within the curtilage of a listed
building.
Conditions
F.2 Development is permitted by Class F subject to the condition that where:
(a) the area of ground to be covered by the hard surface is situated forward of
the principal elevation of the dwellinghouse and between the principal
elevation and a highway, or
(b) the area of hard surface to be replaced would be forward of the principal
elevation of the dwellinghouse and between the principal elevation and a
highway, and (taking into account any area of hard surface previously
replaced) would exceed 5 square metres,
the hard surface must be —
(i) porous or permeable; or
(ii) provided to direct run-off water from the hard surface to a porous or
permeable area or surface within the curtilage of the dwellinghouse; and
(iii) permanently maintained so that it continues to comply with the
requirements of paragraph (i) and (ii).
Interpretation of Class F
F.3 For the purposes of F.2, “previously replaced” means replaced without
compliance with that condition within the 6 month period prior to undertaking the
development in question and the “principal elevation” is (i) the wall of the principal
elevation in its original form; or (ii) that wall as it would exist if its original form
were to have been extended, continuing the line of the wall, from each of its side
edges to the boundary of the present curtilage of the dwellinghouse.
12.1 The restrictions in Class F have been introduced due to concerns that the
cumulative impact of small, incremental additions of new areas of impermeable
hardstanding can lead to increased surface water run-off, and a subsequent
increase in flood risk.
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12.2 The provisions in Class F relate to the any part of the curtilage that is both (i) in
front of the principal elevation, and (ii) situated between the principal elevation and
the highway (see section 3 for definition of curtilage). Figure 46 shows the area
(hatched) of the curtilage affected by condition F.2.
12.3 Class F requires all new and replacement areas of hardstanding that are subject to
condition F.2 to either (i) be porous or permeable or (ii) designed to allow water to
run-off from the hard surface to a permeable or porous area or surface within the
curtilage of the house, for example to part of a garden. Compliance with the
requirements is ongoing i.e. the permeability of the hard surface or run-off
arrangements must be maintained on a permanent basis.
12.4 Where an existing hard surface is to be replaced with impermeable material and it is
situated forward of the principal elevation of the dwellinghouse and between the
principal elevation and a highway:
12.5 The Department of Communities and Local Government have produced separate
technical guidance on permeable paving – “Guidance on the permeable surfacing of
front gardens”, DCLG, 2008.
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Figure 46
Building line of
principal elevation
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13: CHIMNEYS
Permitted development
G. The installation, alteration or replacement of a chimney on a dwellinghouse.
Development not permitted
G.1 Development is not permitted by Class G if—
(a) the height of the chimney would exceed the highest part of the roof by 1
metre or more; or
(b) the dwellinghouse is located on article 1(5) land or within a World Heritage
Site.
Interpretation of Class G
G.2 In determining the height of the highest part of the roof for the purposes of
paragraph G.1(a), no account is to be taken of any parapet wall, firewall, chimney
or other roof furniture or similar structure projecting from the roof.
13.1 Further guidance and illustrations are provided under Development Class A with
regard to the terms ‘highest part of the roof’, ‘fronts a highway’ and ‘principal’ and
‘side elevations’.
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14: MICROWAVE ANTENNA
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H.5 The relevant size criteria for the purposes of paragraph H.1(a)(iii) are
that—
(a) only one of the antennas may exceed 60 centimetres in length;
and
(b) any antenna which exceeds 60 centimetres in length must not
exceed one metre in length.
H.6 For the purposes of paragraph H.1(d)(i), an antenna is to be treated
as visible from a highway if it would be so visible save for intervening
trees or other vegetation.
14.1 This Development Class provides permitted development rights for the installation,
alteration or replacement of a microwave antenna, such as a satellite dish, on a
house or within the curtilage of a house.
14.2 The permitted development rights provided by this Development Class has been
carried forward from the previous Development Class H (see the Town and Country
Planning (General Permitted Development) (Amendment) (Wales) Order 2006) and
are largely unchanged with the exception of:
• the introduction of greater restrictions for this development type within World
Heritage Sites; and,
• a definition of visible from a highway (paragraph H6 of the draft amendment
Order).
14.3 Given these limited changes, the detailed guidance given in the following Welsh
Government document continues to be relevant:
14.4 The above guidance should be read in conjunction with the Town and Country
Planning (General Permitted Development) (Wales) (Order) 2013.
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15: INTERPRETATION OF PART 1
Interpretation of Part 1
I.1 For the purposes of Part 1—
“raised” in relation to a platform means a platform with a height greater than 30
centimetres; and
“terrace house” means a dwellinghouse situated in a row of three or more
dwellinghouses used or designed for use as single dwellings, where—
(a) it shares a party wall with, or has a main wall adjoining the main wall of,
the dwellinghouse on either side; or
(b) if it is at the end of a row, it shares a party wall with or has a main wall
adjoining the main wall of a dwellinghouse which fulfils the requirements
of sub-paragraph (a).
I.2 In the determination of the principal and other elevations of a dwellinghouse
for the purposes of Part 1—
(a) an elevation may comprise more than one wall;
(b) a principal elevation must be determined in relation to the dwellinghouse;
(c) the principal elevation—
(i) is the elevation of the dwellinghouse which is the first in importance,
taking into account the design and architectural features of the
dwellinghouse; and
(ii) is not to comprise more than one elevation of the dwellinghouse;
(d) the elevation of the dwellinghouse which is determined to be the
principal elevation—
(i) is to be deemed also to be the front elevation of the dwellinghouse;
and
(ii) the side and rear elevations of the dwellinghouse are to be
determined accordingly.
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