New Permitted Development rights for microgeneration effective 1st December 2011
The changes allow for the installation of certain microgeneration equipment on a dwelling house or within its curtilage subject to certain conditions. Some of these rights also apply to a block of flats. Where permitted development rights apply no specific application for planning permission is required.
The new legislation introduces three new classes of permitted development rights to install certain types of microgeration equipment. These are the installation, alteration or replacement of an air source heat pump (Class G) a wind turbine mounted on a building (Class H) and a stand alone wind turbine (Class I). The rights to fix wind turbines to buildings apply only to equipment installed on a detached dwelling house or to a detached building within the curtilage of a dwelling house or block of flats.
The MCS Planning Standards - contains the requirements, including noise prediction methodologies, that wind turbines and air source heat pumps must comply with in order to be permitted development under Class G, H, and I of the new Part 40.
The Domestic Wind Turbines Safeguarded Land Tool – is an online checking tool hosted by the Planning Portal that can be used to check if a wind turbine will be on ‘safeguarded land’ for the purposes of Class H and I of the new Part 40.
From 6th April 2010 the rules on what you can do without needing planning permission have changed for non domestic developments. Permitted development rights have been introduced for some industrial, warehouse, schools, colleges, universities, hospitals, offices, shops, catering , financial and professional services establishments. Detailed guidance is available but you can contact us using the permitted development enquiry form from the right of the screen if you are unsure. There is a charge for non domestic permitted development enquiries of £50. Cheques should be made payable to Leeds City Council or you can contact the Enquiry Centre on 0113 222 4409 and pay by debit or credit card.
From 11th January 2010 there is a charge for domestic permitted development enquiries of £30 payable when you submit the enquiry. Cheques should be made payable to Leeds City Council or you can contact the Enquiry Centre on 0113 222 4409 and pay by debit or credit card. We would encourage you to continue to use this advice service but make you aware you can apply for a Certificate of Proposed Lawful Development householders for £75 and obtain a formal planning decision.
Even if you do not need planning permission to make changes to your home, you may still need Building Regulations consent. Please check using the link on the right of the screen. If you have any other queries please contact the Development Enquiry Centre on 0113 222 4409 or email dec@leeds.gov.uk.
Summary note of proposed changes to householder permitted development effective from 1st October 2008
From the 1st October changes to permitted development seek to relax the requirement for planning permission for homeowners to make improvements whilst limiting the size of an extension so that the neighbours are protected.
Under the old Order, householders could only get either a small loft conversion or a rear extension without requiring planning permission. Anyone who had previously extended their property required planning permission for any further alterations.
The new rules will now allow both and will be based on measurements for what is permissible for loft conversions and other extensions separately.
Rear extensions will no longer be calculated by volume for the purpose of permitted development. Loft conversions continue to have an overall volume cap to control overbearing conversions on larger homes. Extensions to the front or principal elevation will still require planning permission.
In conservation areas most extensions and alterations will require permission unless they are single storey and at the rear. For listed buildings the requirement for planning permission is relaxed but listed building consent will still be required.
There are some issues of interpretation in relation to the order, for example the definition of principal elevation, for which further clarification is being sought.
The following web pages provide further detailed guidance on the new Order including an illustration of how the new Order will apply and the bullet points below outline the detail for each particular Class of extension:
Planning Portal - Advice and Guidance
Permitted Development for Houses
Class A - Extensions and improvements
This type of development is no longer volume controlled and instead is limited by simple metric measurements. Extensions will be permitted development subject to the following limits and conditions:
Total area of ground cover excluding original dwelling no greater than 50% of total garden curtilage.
No extension forward of the principal elevation or side elevation fronting a highway.
No extension to be higher than the highest part of the roof.
Maximum depth of a single storey rear extension of 3 metres for an attached house and 4 metres for a detached house and maximum 4 metres in height.
Maximum eaves height of extension 3 metres within 2 metres of boundary.
Maximum eaves and ridge height of extension no higher than existing house.
Side extensions to be single storey with maximum height of 4 metres and width no more than half that of the original house.
Two storey extensions no closer than 7 metres to rear boundary. No more than 3 metres depth.
Roof pitch of extensions higher than one storey to match existing house.
Materials to be similar in appearance to the existing house.
No verandas, balconies or raised platforms.
Side facing windows to be obscure-glazed; any opening to be 1.7metres above the floor.
In conservation areas, no cladding of the exterior, no side extensions and no rear extensions of more than one storey.
Class B – Roof extensions
Still calculated by volume above the original roof space to try and avoid overly intrusive roof extensions. Roof extensions will be permitted subject to the following:
A volume allowance of 40 cubic metres for terraced houses.
A volume allowance of 50 cubic metres for detached and semi-detached houses.
No extension beyond the plane of the existing roof slope fronting the highway.
No extension to be higher than the highest part of the roof.
Materials to be similar in appearance to the existing house.
No verandas, balconies or raised platforms.
Side facing windows to be obscure-glazed; any opening to be 1.7 metres above the floor.
Roof extensions not to be permitted development in conservation areas.
Extensions to be set back, as far as practicable, at least 20cm from the eaves.
Class C – Roof alterations
Minor roof alterations will be permitted development subject to the following:
Any alteration to project no more than 150 millimetres from the existing roof plane eg the depth of a roof light window or solar panel.
No alteration to be higher than the highest part of the roof.
Side facing windows to be obscure-glazed; any opening to be 1.7 metres above the floor.
Class D – Porches
No change to existing permitted development.
Class E – Outbuildings, enclosures, swimming pools and oil and gas containers
Restrictions on outbuildings have been relaxed provided they are generally low in height and located within the rear garden. They will be permitted development subject to the following limits and conditions:
No building, enclosure, pool or container forward of the principal elevation.
Buildings to be single storey with maximum eaves height of 2.5 metres and maximum overall height of 4 metres with a dual pitched roof or 3 metres for any other roof.
Maximum height 2.5 metres within 2 metres of a boundary.
No verandas, balconies or raised platforms.
Maximum 50% coverage of garden.
In conservation areas, buildings, enclosures, containers or pools at the side of properties will require planning permission.
Within the curtilage of listed buildings, any outbuilding will require planning permission.
Domestic heating fuel containers not to exceed 3500 litres in size.
Class F – Hard surfaces
The paving of front gardens of more than 5 square metres, including repairs to existing hard surfaces will require planning permission unless they are of porous material or drain within the site.
Hard surfaces will only be permitted development when:
Any surface installed in the front garden of more than 5m2 to be either porous or to run-off to a porous or permeable surface within the site.
Class G – Chimneys, flues and soil and vent pipes
This is a new class to clarify chimneys and other means of ventilation as separate to roof extensions. They will be permitted development subject to:
The height being less than 1 metre above the highest part of the roof.
In conservation areas, no installation on the principal or a side elevation that fronts a highway.
Class H - Microwave antenna
No change to existing permitted development.