Mark Howard
Posted on 25 Jan 2021

Permitted Development Rights – this far, and no further

A recent Planning Inspectorate ("PINS") appeal decision reinforces that there is no degree of tolerance in permitted development rights ("PDRs").

The Town and Country (General Permitted Development) (England) Order 2015 (SI 2015/596) ("GDPO 2015") can provide what is, effectively, a notional grant of planning permission. PDRs allow certain building works and changes of use to be carried out without having to make a planning application. PDRs are subject to conditions and limitations to control impacts and to protect local amenity.

Class B, Part 1, Schedule 2 to the GPDO 2015 grants deemed planning permission for "the enlargement of a dwelling house consisting of an addition or alteration to its roof". Paragraph B.1 (b) provides that development is not permitted if any part of the dwelling house would, as a result of the works, exceed the height of the highest part of the existing roof.

In this case, there was no dispute between the parties that the ridge of the dormer was above the height of the highest part of the roof and therefore the dormer was not permitted development.

However, the appellant argued that the amount of development falling outside the limitations of permitted development was so minor that the dormer had limited impact. They also sought to argue that because the vast majority of the dormer would be within permitted development allowances, this represented a strong fall-back position.

The inspector dismissed the appeal. The limitations to the size of permitted development was expressed precisely in the GPDO 2015 and as a result there could not be a "bit of" or a "minor" infringement. An extension either was permitted development or it was not.

And in this case, it was not!

If you have any questions regarding PDRs, then please contact the Planning team.