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Planning a New Extension or Loft Conversion

Important changes to the planning system came into effect from 1 October 2008, giving more freedom to people wanting to carry out improvements to their homes.  It means that in certain circumstances, you can carry out minor extensions and alterations to your property without the need to apply for formal permission. These changes are intended to make it easier to improve a dwelling by relaxing planning controls on smaller extensions. They also introduce new controls over hard surfaces such as driveways, aimed at reducing water run-off which contributes to flooding. The changes will apply to any new development commenced from 1 October 2008 onwards.

The changes come in the light of the Government’s 2007 Planning White Paper, which aimed to introduce a more user-friendly system, and to free up time for planning departments by reducing the number of householder applications coming through the system.  The new rules shift the emphasis from a volume based approach to an impact based system taking in to account distances, depths and heights of a development.

However, restrictions remain tight in some circumstances, particularly properties that fall within conservation areas and areas of outstanding natural beauty. The revised planning regulations are expected to significantly reduce the number of planning applications handled by local authorities as well saving homeowners money because they will no longer be liable for planning fees.  Under these reforms the majority of homeowners will no longer need to get planning permission when extending their houses.  This should mean 80,000 fewer planning applications annually countrywide.

The new rules will now allow both loft conversions and rear extensions. Non overbearing loft conversions will enjoy automatic permission. Rear extensions will no longer have a cap on volume.  Local authorities will be able to introduce local variations to allow bigger extensions or to restrict development where necessary.  Ministers have stressed that the new rules strike a balance between allowing homeowners to make improvements and limiting the size of extensions so neighbours and neighbourhoods are protected from obtrusive development.

In a related development the Government has also published the new planning regulations designed to reduce flood risks caused by surface water run-offs. Under these changes new or replacement driveways and parking areas over five square metres will not need planning permission provided they are constructed using surfaces which allow the water to soak through to the ground.  Proposed driveways of more than five square metres using traditional, impermeable surfaces will now require planning permission.

To help make things easier, the government has also produced an interactive guide to the new changes, however Householders are advised to contact the Planning Department for further information.

The above changes in the planning laws however, in no way alter the obligations set out in your title deeds which will have been imposed by the original builder or developer.  It remains absolutely essential that you seek consent where necessary from such interested parties, to avoid the need for unnecessary indemnity premiums when you come to sell the property.  If you have any concerns at all about the specific contents and interpretation of your deeds please contact us at Brooker Alexandra Speed as we would be only pleased to assist.

Paul Grindrod