Planning Permission, Permitted Development & Lawful Development Certificates
What's the Difference?
One of the first questions homeowners often ask when considering an extension is:
"Do I need planning permission?"
The answer isn't always simply yes or no.
Depending on the property and the work proposed, a project may require a planning application, may benefit from Permitted Development rights, or may involve another procedure such as Prior Approval.
You may also hear about obtaining a Lawful Development Certificate.
These terms are often confused, so here's a straightforward introduction to what they mean.
This guide relates to homes in England and provides general introductory information. The planning position of an individual property and proposal should always be checked.
What is Planning Permission?
Planning permission is formal consent for development.
Where a householder planning application is required, an application is submitted to the Local Planning Authority.
The proposal is then considered against relevant planning policies and other material planning considerations.
For an extension, this might include matters such as:
Its size and scale
Its design and appearance
Its relationship with the existing property
Its effect on neighbouring properties
The character of the surrounding area
The exact considerations will depend on the proposal and location.
If planning permission is granted, there may also be conditions attached to the approval that need to be understood and complied with.
And importantly:
Planning permission doesn't mean that Building Regulations have been approved.
They are separate systems.
What is Permitted Development?
Some types of development don't require a normal planning application because planning permission has already been granted nationally through the General Permitted Development Order, provided the proposal satisfies the relevant limitations and conditions.
These are commonly called Permitted Development rights, or simply PD.
For householders, PD rights can potentially cover certain:
Extensions
Roof alterations
Outbuildings
Other alterations to a house
But one of the biggest misconceptions is:
"If it's under a certain size, I don't need planning permission."
Permitted Development is more complicated than one measurement.
The rules can involve dimensions, heights, position, materials, the existing property, previous extensions and other requirements.
A proposal needs to comply with the relevant rules as a whole.
Does every property have the same Permitted Development rights?
No.
This is why it's dangerous to rely solely on what a friend, neighbour or somebody on social media was allowed to build.
Permitted Development rights can be restricted or removed in certain circumstances.
The planning history of the property can matter.
The way the property was originally created can matter.
An Article 4 Direction can remove particular Permitted Development rights within an area.
Different restrictions can also apply to certain designated areas and properties.
So:
"My neighbour did it under Permitted Development"
doesn't automatically mean:
"I can too."
The individual property and proposal need to be considered.
What about conservation areas and listed buildings?
These terms are also sometimes confused.
Being in a conservation area doesn't automatically mean every alteration to your home requires a planning application.
However, some Permitted Development rights are more restricted on certain designated land, and the character and appearance of the area can be an important consideration where planning permission is required.
A listed building is different again.
Work affecting a listed building may require Listed Building Consent, which is separate from ordinary planning permission.
If your property is listed or within a conservation area, identify that early rather than assuming the normal rules apply unchanged.
What is Prior Approval?
Prior Approval is another term homeowners frequently encounter.
Some types of Permitted Development are subject to a specific Prior Approval procedure.
That doesn't simply make them ordinary planning applications.
Instead, the legislation identifies particular matters that the Local Planning Authority may need to consider before the development can proceed.
The exact process depends on the particular type of development.
The important thing for a homeowner to understand is:
Permitted Development doesn't always mean that you can simply start building without contacting the council.
What is a Lawful Development Certificate?
A Lawful Development Certificate, often shortened to LDC, is different from planning permission.
For proposed work, you can apply to the Local Planning Authority for formal confirmation that the development described in the application would be lawful for planning purposes.
This can be particularly relevant where you intend to rely on Permitted Development rights.
Rather than simply proceeding on the assumption that your interpretation is correct, an LDC can provide formal documentation of the planning lawfulness of the proposal described.
Do I have to get an LDC if my extension is Permitted Development?
Not automatically.
A proposed Lawful Development Certificate isn't compulsory simply because you're relying on Permitted Development rights.
However, there can be considerable value in having the planning position formally documented.
For example, questions about alterations can arise in the future when a property is sold.
Whether an LDC is appropriate should be considered in the context of the particular project.
Is an LDC just another type of planning application?
There is an application to the council, but the test is different.
With a normal planning application, the question is essentially whether planning permission should be granted for the proposal.
With an application for a proposed Lawful Development Certificate, the question is whether the proposed development would be lawful.
That's an important distinction.
An LDC isn't simply a different way of asking the council whether it likes the design.
What about the Larger Home Extension process?
Certain larger single-storey rear extensions can potentially fall within a specific Permitted Development route, subject to the relevant requirements and a Prior Approval process.
This is sometimes misunderstood as either ordinary Permitted Development or a normal planning application.
It's neither quite that simple.
If you're considering a larger rear extension, establish which process applies before assuming that the normal householder extension rules are the only consideration.
Does Permitted Development mean I can forget about Building Regulations?
No.
This is one of the most important distinctions to understand.
Planning and Building Regulations deal with different things.
An extension may be Permitted Development for planning purposes but still require Building Regulations approval.
Likewise:
Planning permission ≠ Building Regulations approval.
Depending on the project, there may also be other matters to consider, such as structural engineering, drainage, the Party Wall etc. Act, restrictive covenants or other permissions.
Getting through one system doesn't automatically deal with all the others.
Should I simply apply for planning permission to be safe?
Not necessarily.
The appropriate route should be identified for the particular property and proposal rather than automatically submitting an application simply because the position isn't immediately obvious.
Likewise, you shouldn't automatically assume Permitted Development is preferable to planning permission.
Sometimes different design possibilities may become available depending on the route being considered.
This is one reason it's useful to think about what you're trying to achieve first, rather than designing something around a planning route you don't yet fully understand.
So what should I do first?
Before deciding which planning route applies, establish:
What you're actually proposing
What type of property you have
The relevant planning history
Whether Permitted Development rights are available
Whether any restrictions affect those rights
Whether the proposal complies with the relevant requirements
From there, the appropriate route can be considered.
That might involve:
A householder planning application
Permitted Development
A Prior Approval procedure
A Lawful Development Certificate
or, depending on the property and proposal, another form of consent.
You don't need to become a planning expert before extending your home.
But understanding that there are different routes — and that choosing the correct one matters — can prevent assumptions being made at the very beginning of a project.
Not sure which route applies to your project?
I'm Kieren Bentley from KJB Design & Planning, based in Leicestershire.
I help homeowners with extensions, alterations and home remodelling, including investigating the appropriate planning route and preparing Planning and Building Regulations drawings.
If you're considering a project in Leicestershire or the surrounding areas, you're welcome to get in touch to discuss what you're hoping to achieve.
This guide provides general information for homeowners in England and isn't a determination of the planning status of any particular property or proposal.
Thinking About a Project?
You don't need to have everything worked out before getting in touch.
If you're considering an extension, conversion or home remodel, tell me a little about your property and what you're hoping to achieve.
I'll explain how I may be able to help, what the likely next steps are, and provide a clear quotation for the design work you need.
Prefer to talk? Call Kieren on 07791 914801