Permitted development rights following demolition

29 March 2017

Hi

We live in a green belt area and are planning to demolish our property and rebuild. Planning policy stipulates that we are able to demolish the property but we cannot build anything materially larger than the existing building. We had been told that often with rebuilds, your PD rights are removed as a condition of the planning being granted. As we haven’t used any PD rights on the existing property and we intend on rebuilding within the guidelines of ‘not materially larger’ could our PD rights be removed if we are granted permission? I don’t know if this is relevant but we are applying to raise the ridge height by 1 to 1.5 metres. The reason for this question is that one planning officer has advised us that PD rights start again once a new property is built and a planning consultant has told us that the PD rights are likely to be removed in Article 4. I would be grateful of someone who has had experience or knowledge on this subject. Thank you.

Answers

It is common for councils to attach a condition removing permitted development rights for extensions when granting permission for replacement houses in Green Belt areas. This is particularly if you’re pushing the council for as large a replacement as possible, but also done routinely by some councils, regardless of how policy compliant your project is.

Permitted development rights would certainly apply to a replacement house, unless specifically removed by the council. An Article 4 Direction is a way of removing permitted development rights but is usually applied to an area rather than a single property. Bear in mind that you can appeal against conditions if you think they’re unreasonable, and government advice cautions against the removal of permitted development rights except in exceptional circumstances.

Mike Dade (Build It expert)

3 April 2017

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