Do I need planning permission?

Some types of building or extension are excluded from needing planning permission. These works are known as Permitted Development. The legislation that sets out what is permitted development is contained within the Town and Country Planning (General Permitted Development) Order 1995. The majority of dwellings in the city can be extended or altered within specified limits or thresholds (Permitted Development Rights) without the need to apply for planning permission. It is essential that you compare your proposals with these limitations and thresholds before submitting your full application.

Information about permitted development rights can be found on the Communities and Local Government website. Look for references to The Town and Country Planning (General Permitted Development) Order 1995, including references to any subsequent amendments.

Planning applications received by the Council for domestic schemes will be processed on the basis of planning permission being required for the specified works. The Council will not consider within this process specifically whether planning permission is required.

The following information will help you gain advice and find out more information before you to decide to make a planning application.

The planning portal

The planning portal is a one-stop-shop for all planning information and services. On the Planning Portal website you will find extensive information about the planning system, when permission is needed, applying for planning permission, development in your area as well as the latest government policy.

Your builder, architect, draftsman, planning consultant, or product supplier may also be able to provide you with advice on whether or not you need planning permission for your scheme. However, if there is any doubt you may need to seek a formal decision.

If, having followed the advice contained in this guidance note you still remain unsure if planning permission is required, or if you wish to have formal written confirmation that permission is not required, then you will need to apply for a Certificate of Lawful Development.

The following are common examples of when you will need to apply for planning permission:

• You want to make additions or extensions to a flat or maisonette (including those converted from houses) You do not need planning permission to carry out internal alterations or work which does not affect the external appearance of the building.
• You want to divide off part of your house for use as a separate home (for example, a self-contained flat or bed-sit) or use a caravan in your garden as a home for someone else. You do not normally need planning permission to let one or two of your rooms to lodgers.
• You want to divide off part of your home for business or commercial use (for example, a workshop) or you want to build a parking place for a commercial vehicle at your home.
• You want to build something that goes against the terms of the original planning permission for your house (for example, your house may have been built with a restriction to stop people putting up fences in front gardens because it is on an 'open plan' estate). The Planning department will have a record of all planning permissions in its area.
• The work you want to do might obstruct the view of road users.
• The work would involve a new or wider access to a trunk or classified road.

HMO's - Houses in multiple occupation

C4 Planning use - Houses in multiple occupation (three to six occupants) - change in legislation as from 1 October 2010

From 1 October 2010 planning permission is no longer required from the Council to change the use of a single dwelling house (C3) into a small house in multiple occupation (C4) (three to six occupants) where these occupiers are living together in the property as a single shared household. This new nationally applicable planning rule change has been made by the new Government, and effectively reverses the legislation introduced by the previous Government on 6 April 2010.

A locally applied ‘Article 4 Direction’ would mean that a planning permission would again be required for the change of use described above. An Article 4 Direction has been made but has not yet come into force and we are currently carrying out a consultation in relation to it. Further details can be found on the Article 4 Direction page.

It remains possible for a C4 use to be changed back to a C3 use without requiring planning permission from the Council, and this has been the case since 6 April 2010.

There is some useful information on the Communities and Local Government website and the Planning Portal.

Where can I obtain free advice?

South West Planning Aid is an organisation that provides free advice and support if you need help with planning problems but cannot afford to pay planning consultant’s fees.

• Planning Advice Helpline
• Royal Town Planning Institute

Can I get help filling out the forms?

We offer an advice service for householder proposals to give informal adivce on whether permission is required on 01752 304366, or alternatively, you can complete our planning advice online form. Planning officers are available on each weekday morning and operate a call back service.

Development enquiry service

We offer a development enquiry service, for full details please see our development enquiry service page.

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