Development Options

Permitted Development

Permitted Development is lawful development that does not require permission, provided the scheme is designed within certain constraints which are dictated by parliament – such as maximum height, volume, choice of material etc. If the scheme is designed to adhere to these conditions, this type of development does not actually require drawings to be issued to the local authority for approval.

However, as each authority interprets the regulations in their own way, it is possible that what is considered viable in one borough might not be considered so in another. Therefore, for peace of mind MiL recommend that drawings detailing the scheme are submitted to the local authority for confirmation that they are indeed acceptable as Permitted Development. A Lawful Development Certificate will be issued which may be useful in the future. For example, it is common for banks and lenders to check that any development has been carried out legally before they accept mortgage applications.

Prior Approval

Prior Approval is a government scheme which was established following the recession in a bid to kick-start the construction industry. Similar to Permitted Development, the requirements of Prior Approval are deliberately much less onerous compared to a those relating to a typical planning application.

The Neighbourhood Consultation Scheme is one form of Prior Approval which applies to larger extensions built under the increased Permitted Development rights which came into force on 30th May 2013. This scheme is useful for a householder wishing to build a single storey rear extension, and it has recently been extended to 30th May 2019.

Drawings are required to be submitted to the local planning authority, and as the name suggests, the scheme is subject to comment from adjoining neighbours. If any objections are raised, the local authority will consider whether the proposals impact upon their amenity and they will subsequently decide whether or not to permit development. It is possible to appeal any negative decision and it must be noted that any approvals are time limited.

Both Permitted Development and Prior Approval are subject to an Article 4 Direction which enables the Secretary of State or the Local Planning Authority to withdraw specified Permitted Development rights. It is important to check the status of your site and ensure that these rights have not been withdrawn prior to appointing an architect and undertaking any design work.

Planning Approval

Planning Approval  is traditionally the most commonly recognised approach used when developing one’s property. When neither the Permitted Development  nor Prior Approval routes can accommodate the required size and design of development, an application for Planning Approval can be submitted. Although a successful outcome cannot be guaranteed, MiL will cooperate with the local authority and put forward as robust a case as possible in favour of development.