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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.
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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.
Index
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:
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
- 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.