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Harrogate Borough Council

 
 

Householder Permitted Development - A Summary

Icon: Householder Permitted Development 
On the 1st October 2008 changes took place to the Regulations (Town and Country Planning General Permitted Development Order 1995) which allow householders to carry out development, to a dwellinghouse and within its curtilage, without the need for planning permission.

The informal advice shown below is a summary of the regulations and is given without prejudice to any decision the Council may take in future on receipt of a formal application under Section 192 of the Town and Country Planning Act 1990 for a Lawful Development Certificate.  Further guidance can be found on the Planning Portal  and the Communities website.

This summary should be read in conjunction with Householder Permitted Development Definitions and Interpretations.
 

Index

Balconies Chimneys and Flues Cladding Curtilage Buildings
Dormers and Other Roof Additions Extension - Single Storey

Extension - Two Storey
Fences and Walls Garage - free standing within curtilage
Ground Source Heat Pump Hardstandings and Other Hard Surfaces Hip to Gable Roof Enlargement LPG Tank
Oil Tank Microgeneration Equipment Microwave Antenna Porch
Render Replacement Windows and Cladding Rooflights and Other Roof Alterations Shed or Greenhouse
Soil and Vent Pipe Solar Panel Swimming or Other Pool Verandas
Water Source Heat Pump Wind Turbine    

Extensions

Single Storey Extensions

Single Storey extensions are permitted providing:

  • No more than half the garden area (the land within the domestic curtilage) is covered by additions, extensions, other buildings, tanks or pools.  The extension is no higher than the highest part of the roof of the existing dwellinghouse.
  • The eaves height is no higher than the existing eaves.
  • The extension does not project beyond any wall which is the principal or side elevation of the original dwellinghouse and which fronts a highway.
  • The extension does not project beyond any rear wall of the original dwelling house by more than 4 metres if the house is detached or 3 metres if the house is semi detached or one of a terrace.
  • The extension is not more than 4 metres in height.
  • Eaves are no higher than 3 metres above ground where the extension is sited within 2 metres of any boundary.
  • A side extension is no wider than half the width of the original dwellinghouse.
  • The extension does not have a veranda, balcony or raised platform.
  • The external materials match the existing dwelling unless the extension is a conservatory when timber, glazed walls and glazed or polycarbonate roofs are allowed.
Special restrictions apply in the following areas:
All Conservation Areas, the Nidderdale Area of Outstanding Natural Beauty and the World Heritage Site around Fountains Abbey and planning permission is required for:
  • Cladding any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles.
  • A side extension.
Two Storey Extensions
Two storey extensions are permitted providing:
  • No more than half the garden area (the land within the domestic curtilage) is covered by additions, extensions, other buildings, tanks or pools.
  • The extension is not higher than the highest part of the roof of the existing dwellinghouse.
  • The eaves are not higher than the existing eaves.
  • The extension does not project beyond any wall which is the principal or side elevation of the original dwellinghouse and which fronts a highway.
  • The extension does not project beyond any wall which forms the side elevation of the original dwellinghouse.
  • The extension does not project beyond any rear wall of the original dwelling house by more than 3 metres.
  • The extension is not closer than 7 metres to any boundary opposite any rear wall of the dwellinghouse.
  • The extension is not within 2 metres of any boundary and has eaves higher than 3 metres.
  • The extension does not include any veranda, balcony or raised platform.
  • The external materials match the existing dwelling.
  • Any upper floor window in side wall or roof slope has obscure glazing and is non-opening unless the opening part is more than 1.7 metres above the floor level.
  • The roof pitch is the same as the original dwelling house.
Special restrictions apply in the following areas:
All Conservation Areas, the Nidderdale Area of Outstanding Natural Beauty and the World Heritage Site around Fountains Abbey and planning permission is required for:
  • Cladding any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles.
  • A side extension.
  • A two storey rear extension.
Definitions
Original dwellinghouse - this is the dwelling as existing on 01 July 1948 or as subsequently first built.  Measurements for extensions should be taken from the wall of the original building and not later extensions.  Where the walls are stepped the measurement should also be stepped.

Raised platform - is any decking or similar which is greater than 300mm above ground level.
 
Further definitions and interpretations are in the companion Development Control Practice Note "Householder Permitted Development Definitions and Interpretations".
 

The addition or alteration of a roof

Dormers and hip to gable enlargements
Dormers and hip to gable enlargements are permitted providing:
  • No part of the dormer is higher than the existing roof.
  • No dormer is built on the roof slope of the principal elevation of a dwellinghouse which fronts a highway.
  • The total cubic content of the all dormers or other roof enlargements or additions does not exceed 40 cubic metres if on a terraced house or 50 cubic metres if it is a semi detached or detached dwellinghouse.
  • The alteration or addition does not include any veranda, balcony or raised platform.
  • The materials used match those used for the existing dwellinghouse.
  • The edge of the dormer is a minimum of 200 millimetres back from the eaves of the original roof, unless it forms a hip to gable enlargement.
  • Any window in side wall or roof slope has obscure glazing and is non-opening unless the opening part is more than 1.7 metres above the floor level.
Interpretation
Matching materials - means using tiles for dormers to match the roof of the dwellinghouse.  Felt is only permitted where there are already felt roofs on the house.
 
Special restrictions apply in the following areas:
All Conservation Areas, the Nidderdale Area of Outstanding Natural Beauty and the World Heritage Site around Fountains Abbey.
  • Planning permission is required for all dormers, alterations or additions in these areas as the allowances in this Class do not apply.
 
Any other alteration to a roof
Alterations (e.g. rooflights, retiling) are permitted providing:
  • The alteration does not protrude more than 150 millimetres beyond the plane of the roof measured in the perpendicular.
  • Any alteration is not higher than the highest part of the original roof (usually the ridge)
  • Any side facing window has obscure glazing and is non opening unless the opening part is more than 1.7 metres above the floor level.

Improvements or other alterations to a dwelling

Replacement windows and cladding is permitted providing:
  • The materials used in any external work are a similar appearance to the existing.
Note: This could require replacement windows to match those being removed.  Some upvc windows do not do this as the thickness of the frames and glazing bars are much bigger than existing, especially where they are sliding sash.
Special restrictions apply in the following areas:
All Conservation Areas, the Nidderdale Area of Outstanding Natural Beauty and the World Heritage Site around Fountains Abbey and planning permission is required for:
  • Cladding any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles.

Porches

Porches are permitted providing:
  • The ground area measured externally does not exceed  3 square metres.
  • No part of the porch is more than 3 metres above ground level.
  • No part of the porch is within 2 metres of any boundary of the curtilage with a highway.

Provision or replacement of a hard surface

(Parking areas, hardstandings, driveways, patios at ground level but not any decking or raised platform greater than 300mm above ground level)

A hard surfaces is permitted providing:
  • It is for a purpose incidental to the enjoyment of the dwellinghouse.
  • Where the hard surface is on land between the principal wall of the dwellinghouse and the highway, the area covered or replaced shall not exceed 5 square metres unless the hard surface is made of porous materials, or provision is made to direct surface water run off to a permeable or porous area within the curtilage of the dwellinghouse.

Information on permeable surfaces can be found in the Guidance on the permeable surfacing of front gardens.

Installation, alteration or replacement of a chimney, flue or soil and vent pipe

Development is permitted providing:
  • The top of any chimney, flue or soil and vent pipe is no higher than 1 metre above the highest part of the roof of the dwellinghouse.
Special restrictions apply in the following areas:
All Conservation Areas, the Nidderdale Area of Outstanding Natural Beauty and the World Heritage Site around Fountains Abbey and planning permission is required for:
  • Any development of this type on a wall or roof slope of a dwellinghouse where the principal or side elevation fronts a highway and where there is a material effect on the external appearance of the building.

Development within the curtilage of a dwellinghouse

Any building or enclosure, swimming or other pool, or the maintenance, improvement or other alteration of a building or enclosure, the provision of  a domestic oil storage container of lpg tank, is permitted providing:
  • The development is for purposes incidental to the enjoyment of the dwellinghouse.
  • No more than 50% of the curtilage is covered by such development.
  • No development is sited on land forward of the principal wall of the original dwellinghouse.
  • The building is single storey only.
  • The height of the development does not exceed 4 metres above ground level if it has a dual pitch roof, or 2.5 metres if it is within 2 metres of the boundary of the curtilage, or 3 metres in any other case.
  • The eaves are not higher than 2.5 metres above ground level.
  • The capacity of any container or tank does not exceed 3,500 litres.
  • The total area of ground covered by buildings, enclosures, pools and containers does not exceed 10 square metres if sited more than 20 metres from any wall of the dwellinghouse where the site lies within any conservation area, the Nidderdale Area of Outstanding Natural Beauty or the Fountains Abbey World Heritage site.
  • No development is sited between the side elevation and boundary in a conservation area, the Nidderdale AONB or the Fountains Abbey World Heritage site.
  • None of the development relates to the provision of a dwelling.
This Class does not allow:
  • The construction of a building, enclosure or container within the curtilage of a listed building.
  • The provision of a veranda, balcony or raised platform.
Definitions
Incidental to the enjoyment of a dwelling house includes: - the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.  It does not include the provision of living accommodation.
 
Raised platform - means anything higher than 300 millimetres above ground level.
 

The erection, construction, maintenance, improvement or alteration of a gate, fence wall or other means of enclosure

Development is permitted providing:
  • The height is no greater than 1 metre above ground level where the fence etc is adjacent to a highway used by vehicular traffic
  • The height is no greater than 2 metres above ground level elsewhere.
  • Where it is being replaced the height of the fence, wall etc does not exceed its former height.
Development is not permitted if the gates, fences or walls are within or surround a listed building.

Microwave antenna on a dwelling house or within its curtilage

Development is permitted providing:
  • There are no more than 2 antennas.
  • No antenna is longer than 100 centimetres and only is1 longer than 60cm.
  • No antenna on a chimney is longer than 60 centimetres.
  • No antenna on a chimney must protrude above the chimney.
  • No antenna has a capacity larger than 35 litres.
  • No antenna on a roof without a chimney is higher than the highest part of the roof.
  • No antenna on a roof with a chimney is higher than the top of the chimney or 60 centimetres above the highest part of the ridge tiles whichever is the lower.
  • No antenna is sited on a wall or roof slope facing onto and visible from a highway in a conservation area, the Nidderdale AONB and Fountains Abbey World Heritage site.
Special restrictions apply in the following areas:
All Conservation Areas, the Nidderdale Area of Outstanding Natural Beauty and the World Heritage Site around Fountains Abbey and planning permission is required for:
  • Any antenna on a chimney, wall or roof slope which faces onto a highway and is visible from a highway.
  • Any antenna on a building over 15 metres high.

Domestic microgeneration equipment

Solar PV or solar thermal equipment
The installation, alteration or replacement of solar PV or solar thermal equipment on a dwellinghouse or on a building within the curtilage of a dwellinghouse is permitted providing:
  • The equipment does not protrude more than 200 millimetres beyond the wall or the roof slope.
  • No part of the equipment protrudes above the highest part of the roof.
  • The equipment is sited to minimise its effect on the external appearance of the building.
  • The equipment is sited to minimise its effect on the amenity of the area.
  • The equipment is removed as soon as reasonably practicable when no longer needed for microgeneration.
Special restrictions apply in the following areas:
Any conservation area, and Fountains Abbey World Heritage site.
  • Equipment must not be sited on the wall of a principal or side elevation of the dwelling house visible from a highway.
  • Equipment must not be sited on the wall of a curtilage building visible from a highway.
  • Equipment must not be sited on any curtilage building if the dwellinghouse is a listed building.
Stand alone solar equipment
The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse is permitted providing:
  • There is no more than one piece of equipment.
  • No part of the equipment is higher than 4 metres above ground level.
  • No part of the equipment is sited within 5 metres of the curtilage boundary.
  • The surface area of the solar panels does not exceed 9 square metres.
  • No dimension exceeds 3 metres.
  • It is not sited within the curtilage of a listed building.
  • The equipment is sited to minimise its effect on the amenity of the area.
  • The equipment is removed as soon as possible when no longer needed for microgeneration.
Special restrictions apply in the following areas:
Any conservation area, and Fountains Abbey World Heritage site.
  • Equipment must not be sited in any part of the curtilage and be visible from a highway.
Ground souce heat pump

The installation, alteration or replacement of a ground source heat pump is permitted subject to the following condition:

  • No part of the heat pump or its collection system shall be sited outside the curtilage of the dwellinghouse.
Water source heat pump
The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse is permitted providing:
  • No part of the heat pump or its collection system is sited outside the curtilage of the dwellinghouse.
Flue forming part of a biomass heating system

The installation, alteration or replacement of a flue, forming part of a biomass heating system on a dwellinghouse is permitted provided:

  • The height of the flue shall is not more than 1 metre above the highest part of the roof.
Special restrictions apply in the following areas:
Any conservation area, and Fountains Abbey World Heritage site.
  • The flue shall must not be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and visible from a highway.
Definitions
Solar PV means - solar photovoltaics.
Stand alone solar means - solar PV or solar thermal equipment which is not installed on a building.
Dwellinghouse in relation to microgeneration only - includes a building which consists of flats.
 

Balconies and verandas

 Balconies and verandas always need planning permission.
 

Wind turbines

Wind turbines always need planning permission.
 

Disclaimer

This informal advice is a summary of the regulations and is given without prejudice to any decision the Council may take in future on receipt of a formal application under Section 192 of the Town and Country Planning Act 1990 for a Lawful Development Certificate.  Further guidance can be found on the Planning Portal  and the Communities website.
Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600