Permitted Development Archives - Planning Design Ltd

The future’s bright…planning success for orangery extensions

28th November 202225th May 2022 by Gary Stringer

Planning & Design Practice have recently gained planning permission for two orangery extensions to existing homes, both in Derby. This continues a winning streak we have in securing planning permission for these extensions, including seeing permission granted for a new brick-built orangery extension on a greenbelt property in Lower Hartshay, a village in Derbyshire.

What is an orangery extension?

Orangery extensions use principles from both a traditional brick or block extension and elements from a fully glazed conservatory. One of the areas where an orangery benefits over a conservatory is that it reduces the greenhouse effect that conservatories can suffer from, yet they retain the main intended benefit of creating extra space and allowing extra daylight to enter your home.

Planning & Design’s involvement.

In the majority of cases, it would be possible to build rear extensions under current permitted development rights. However, as in these two examples there can be exceptions. In both of these cases, Planning & Design Practice was appointed after the respective client had finalised the design with The Bespoke Orangery Ltd, and subsequently discovered that planning permission would be required. These projects required planning permission due to the fact that the new orangery extensions join onto either existing structures or previous extensions along the side of the respective building. This no longer falls under permitted development as the extension is classed as a wrap around extension that requires planning permission.

Is Planning Permission needed?

If you are considering extending your home, the size and placement of any extension are important, and you will need to check if your proposal is within permitted development rights. You can do this through a helpful guide on the planning portal website, which you can see HERE.

You will also need to check that your property has not had its permitted development rights removed. Alternatively, you can contact us for a free, no obligation consultation to discuss your aspirations for your extended home and the ways in which we can help.

Planning & Design Practice Ltd is a multi-disciplinary team of Town Planners, Architects, Architectural Assistants and Design Professionals. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

For a free, no obligation consultation to discuss your project or property, please don’t hesitate to get in touch on 01332 347371 or enquiries@planningdesign.co.uk

Decision overturned allows conversion to flourish

28th November 202222nd March 2022 by Gary Stringer

Decision overturned! Planning & Design Practice successfully overturned a decision to refuse prior approval for the change of use of an agricultural building to three dwellings at Flourish Farm, Dale Abbey, Derbyshire under Class Q of the General Permitted Development Order (GPDO).

The building is a simple structure, enclosed on three sides with concrete block work walls. Above the block work the walls of the barn are finished in vertical timber cladding on two sides (north and west elevations), the east elevation is clad in profiled steel cladding above this, the roof is corrugated metal sheet roof.

The main issue the Inspector had to consider was whether the appeal building would be capable of functioning as a dwelling and whether the proposed development would fall within the definition of development permitted by the GPDO.

The Inspector found that the building would be capable of functioning as three dwellings, concurring with the appellant’s position that the building is structurally sound, and no significant improvements or modifications are required to facilitate the conversion.

The Inspector also agreed that the installation of new external walls only represents a small percentage of the building, disagreeing with the Council’s position that the closing of these openings would be so significant to amount to a rebuilding of the barn.

On the basis on the above the Inspector resolved to grant the appeal and allow the conversion of the building under Class Q of the GPDO.

Class Q’s are something Planning & Design Practice Ltd are well versed in, having helped lots of home owners imagine and realise their dream homes. The permitted development right is a notoriously complicated and thorny issue with many Planning Authorities. Since the permitted development right was introduced, there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. You can read more about this here.

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including barn conversions (both via a planning application and Class Q) and farm diversification schemes. Please don’t hesitate to contact us for a no obligation consultation to discuss your project or property.

Modern barn conversion – complete

29th November 202218th August 2021 by Gary Stringer

Set within open countryside, this recently completed modern barn conversion demonstrates the charm and potential many modern agricultural buildings offer when converted to residential use. Like many smaller farms this building was located on a holding which has dramatically reduced its farming operation over the past 20 years, which in this instance has led to a number of agricultural buildings being surplus to requirements. We were appointed by the owner to help with re-purposing these buildings, and in this instance, it was considered that this building would be best used as a new residential building.

The permitted development right to change the use of an agricultural building into a dwelling has been with us for some time now and with it the concept of changing rural, redundant barns into dwellings.

This is a building which like so many, had it not been allowed to change use to a dwelling would have sat in the landscape largely redundant except for some very light agricultural storage use.

The intention with this conversion was to retain the agricultural character of the building whilst providing a modern attractive home. Here we have used corrugated sheet metal to clad the building, a material which is common to modern agricultural buildings and inserted contemporary, glazed openings which accentuate the form the of the original building.

The Class Q permitted development rights and Local Plan policies allow us to bring back into use our redundant agricultural buildings to provide modern attractive homes which celebrate the changing nature of our countryside. They also go some way to addressing the nationwide push to build more homes, particularly in rural areas in a way that is more sustainable and architecturally provides an interesting design challenge.

We have vast experience of working on rural development projects for homeowners, landowners and farmers in rural areas including barn conversions (both via a planning application and Class Q) and farm diversification schemes. Please don’t hesitate to contact us for a no obligation consultation to discuss your project or property.

Greenbelt orangery success

29th November 202228th July 2021 by Gary Stringer

Planning & Design Practice Ltd were very pleased to see permission granted for a new brick-built orangery extension on a greenbelt property in Lower Hartshay, a village in Derbyshire. Originally the dwelling would have been a small semi-detached traditional cottage, however the owner had previously extended to the side.

Typically planners like to limit green belt extensions to 40% on top of the original dwelling, which the existing extension in itself achieved. This permission shows the importance of a well-established and thought-out planning argument when it comes to submitting trickier applications.

An extension of this type would ordinarily be Permitted Development, not requiring of an application, were it positioned immediately behind the original house. However because the orangery is intended to be behind a previous side extension, an application was required. Its impact though, remains limited, it will not result in significant change to the scale or character of the dwelling or its surroundings. The flexibility afforded by the Government to homeowners to extend their properties to the rear is in recognition of the fact that rear extensions tend to have minimal impact on the street scene. This proposal will similarly have a minimal impact on the street scene, being shielded by the existing side extension and will be seen in the context of a village, not an isolated property in the countryside.

Planning & Design Practice Ltd is a multi-disciplinary team of Town Planners, Architects, Architectural Assistants and heritage specialists. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

We recognise the importance of the built heritage in our towns, villages and rural areas and have the in-house expertise to ensure that proposals are designed sympathetically to conserve and enhance historic buildings and sites.

For a free, no obligation consultation to discuss your project or property, please don’t hesitate to get in touch.

End of year review – Looking back at 2020

29th November 202223rd December 2020 by Gary Stringer

As 2020 draws to a close, Jonathan Jenkin, Managing Director of Planning & Design Practice Ltd looks back to review a turbulent and uncertain year, whilst looking ahead to the opportunities of the new year.

In my review last year I envisaged 2020 as a year for growth for the businesses, we had recruited well in 2019 and new staff members were finding their feet. The New Year began in that vein and tackling climate change through our architecture and through planning was top on the agenda, with the aim of moving our clients towards a greener future using less energy, releasing less Co2 and designing in resilience. We set our selves new targets and sought to define our broader aims and values as a company.

We upgraded our internet service in the autumn of 2019 and it proved to be fortuitous because by the end of March everyone was working from home. The planning system carried on working, local government was quick to adapt and our deadlines and the issuing of planning decisions continued. Some applications were held up because it took time to create virtual planning meetings but by June and July these were up and running in most parts of the country. The building industry stopped for only a short period before it too was up and running and construction re-started in early May.

By June, staff started to drift back to the office and we agreed to a blended model of home and office working to maintain social distancing but to keep some of the gains of office life. The loosening of Covid restrictions, a wonderful dry and sunny spring led to an upturn in business activity during the summer. The government extended permitted development in September and issued a new planning white paper. Climate change has not gone away and a semblance of normality began to creep into our working lives.

In September, the Covid 19 cases began to rise and activity was suppressed and generally as autumn gave way to winter, the level of suppression has increased. We continue to operate a blended model of home and office based work, we continue to meet with clients (while meeting social distancing requirements) and we continue with site visits and our engagement with Local Planning Authorities.

The housing market has proved to be robust because of a huge injection of money into the economy by the Bank of England combined with the reduction in Stamp duty. The price of housing in rural and coastal communities has risen sharply as internet based working from home has led to some people seeing a future for themselves where they do not have to commute and can live where they want, no longer tied to the shackles of the office. But for young people in particular and those on smaller incomes, home working is not always a viable option. They do not have the space; they do not have the internet connections and home working can be socially isolating. The office has an important social and community function which should not be overlooked. The office for us has proved to be a more creative space and this is exemplified by our weekly architectural team meeting which brings team members together to review work and to discuss problems. The office also helps to build mutual support and understanding as people spend time with each other.

Virtual planning meetings and on line planning appeals have required new ways of working. While councils are able to make planning decisions, the level of public participation has been reduced. Several councils do not allow speakers to address the planning committee direct and some planning officers and conservation officers have proved difficult to contact. Virtual planning appeals can be difficult to manage and we are reliant on all the participants have good internet access.

As the suppression of social activity and social contact continues, these virtual systems will become embedded and will only change back slowly as greater social contact is allowed.

Covid 19 exposed the poor quality of much of our housing stock, its lack of space and often the lack of private outside space particularly in our cities. In lockdown, you need to get outside and if you are working from home, you need space to work. The government have finally acknowledged that the Class ‘O’ permitted development office to residential conversion rights have created sub-standard housing and all new development will have to provide all habitable rooms with natural light and from April 2021 meet minimum space standards. But this is not enough. All new housing should have private open space with minimum outside space standards. Flats need balconies and terraces and these need to be large enough to provide real benefits to residents. All new residential units and residential conversions will need to include working from home space and this will require additional floor space and higher minimum space standards.

The new planning white paper drew very few plaudits and much criticism. This came from within the Conservative party and from the architectural and planning professions. The paper is due to be translated into legislation in the spring, but I expect delays and a rough passage through parliament. One of the key problems for the government is its ideology of individual freedom when confronted with a public community based planning system where local people can decide on what can be built and where, affecting the rights of those who own land and buildings.

Planning is about society and community, where the interests of the community are greater in law than individual rights. The problem for the government is that many conservative voters benefit from and support the planning system. They want and like to be able to make decisions about their own communities and be able to protect their own quality of life against development and developers. Green belts, AONBs, conservation areas and limitations on development outside towns and cities benefit the better off more than the poor. The planning system by regulating development by the community tends towards the status quo.

To get round some of these restrictions the government has expanded permitted development rights which have begun to hollow out the planning system, but this approach is reaching the end of what can be achieved as new permitted development rights are so complex (to protect legitimate concerns) that they amount to a planning application in all but name.

Permitted development is fertile ground for consultants like us; they do provide back stop positions and can help to deliver development. But they also make the system very complex and difficult to navigate and require an ever deeper understanding of the system to maximise development opportunities.

Looking towards 2021 it will be a quiet start, but I remain optimistic about the future. We have a great team here at Planning and Design who are committed and enthusiastic. There is much work to do to improve people’s lives and we will be there to make our contribution.

Jonathan Jenkin, Managing Director, Planning & Design Practice Ltd

(More) proposed changes to Permitted Development

29th November 20228th December 2020 by Gary Stringer

On 3 December 2020, the Government published a consultation document outlining initial proposals for changes to permitted development following the introduction of the new Use Classes Order (UCO) which was brought into effect early this year which is open for comments up until 28 January.

The consultation document cites several proposed alterations and comes as a logical extension/ consolidation of permitted development rights following the new UCO. Relevant to many of our readers is that the consultation is proposing to keep many of the existing rights such as those that allow Office to Residential conversions but also to broaden these rights out to include the entirely of the new use Class E.

Class E encompasses Commercial, Business and Services and was introduced from 1 September 2020. The new Class E is much broader and covers uses previously defined in the revoked UCO as Class A1 (Shops), A2 (Financial and professional services), A3 (Food and drink), B1 (Business – including Offices, R&D and Light Industry), D1 (a-b) (Non-residential institutions Including any medical or health services and a crêche, day nursery or day centre) as well as D2 (e) (indoor sport).

The consultation is proposing to allow the change of use of any building within Class E to residential. It is not proposed that there will be any size limit on the buildings that will be allowed to change use. This will allow for either the whole building or part of the building to be converted to residential use but, in order to qualify for this PD right, the premises must have been in use within Use Class E on 1 September 2020.

As the consultation document points out, Use Class E applies everywhere in all cases, not just on the high street or in town centres. At this stage, the Government are proposing that this permitted development right will not apply in National Parks and Areas of Outstanding Natural Beauty (AONBs) and World Heritage Sites, as well as to buildings in Sites of Special Scientific Interest (SSSIs), or which are listed buildings or within their curtilage, sites that are (or contain) scheduled monuments, or are in safety hazard areas or military explosives storage areas, as well as sites subject to an agricultural tenancy.

Interestingly, this proposed PD right would not exclude conservation areas, although there would be a requirement for prior approval of the impact of the loss of the ground floor use to residential in a conservation area.

Similar to the existing rights, there would be a range of matters requiring prior approval. In addition to flooding, transport impacts and contamination which are already assessed, additional considerations are proposed including:

the impacts of noise from existing commercial premises on the intended occupiers of the development,
fire safety (to ensure consideration and plans to mitigate risk to residents from fire)
impact on the intended occupiers from the introduction of residential use in an area the LPA considers is important for heavy industry and waste management.
Development must comply with nationally prescribed space standards

Clearly this is only a consultation at this stage, but it does show a direction of travel from the Government. It is the intention that, subject to the outcome of the consultation, the new permitted development rights will come into effect from 1 August 2021.

If you have further questions, or to discuss a specific building or site please don’t hesitate to contact us for a no obligation consultation to discuss your project.

Planning Permission and Permitted Development Rights

6th March 2020 by Gary Stringer

We recently achieved planning permission for a client who had an enforcement issue regarding a garden building they had built. The building comprised of a workshop and a small living space with an en-suite and kitchenette, which was positioned on the western boundary with their neighbour. Normally a modestly sized garden building like this would fall under Permitted Development Rights, however what the client had overlooked was that the erection of such structures is only allowed under permitted Development Rights so long as any part of the building is not cited within 2 metres of the neighbouring properties curtilage.

In order to deal with the enforcement case that had been raised by the neighbour, we prepared and submitted a planning statement. Our argument highlighted the fact that whilst the development sits in close proximity to the adjacent curtilage boundary, by virtue of the buildings layout, height and scale any impact of the building on the amenity of the neighbours was acceptable.

Permitted Development Rights give homeowners a lot of flexibility to alter, enlarge and improve their properties and the land that falls within their curtilage, but it is always worth getting a professional opinion to ensure your development meets all the criteria. Whilst we were able to achieve permission in this instance, it is worth noting that ultimately a Planning Authority have got the power to enforce against any development that contravenes the criteria of Permitted Development, which could ultimately mean demolition!

With offices in Derby and Sheffield we have extensive knowledge about the policies and procedures of individual councils and the approach taken by planning officers and Councillors. Our aim is always to achieve permissions that meets the client brief with a permission that will deliver development.

At the start of any case we will provide an honest assessment of the likelihood of getting planning permission and we will only pursue applications where there is a reasonable chance of success either through the council or via an appeal.

For more information on Permitted Development Rights, securing planning permission or to discuss a specific project please contact us.

Class Q Barn Conversion Prior Approval Secured in North-East Derbyshire

23rd February 202214th January 2020 by Gary Stringer

Planning & Design Practice Ltd recently secured prior approval under Class Q of Permitted Development for a barn conversion in North-East Derbyshire. The barn was in a structurally sound condition, and no longer in regular use for farming, so was in an ideal position to be converted into an impressive modern home.

We were approached by the client to prepare designs for the conversion as well as to deal with the entire application process on their behalf, to ensure the best chance of success. Our client provided us with a variety of examples that had inspired them to embark on the project, so the architectural team at Planning & Design Practice made sure to incorporate as many of them as possible into the final scheme design. This final design made best use of the existing openings and also provided additional windows where necessary, resulting in a characterful modern barn conversion scheme that retains the agricultural theme of the original building.

During the planning process we encountered a couple of minor complications, the first in relation to a second farm building that is right next to the main barn on the site: the client wanted to use this for ancillary domestic uses such as garaging for vehicles, but the change of use of the second building did not fall within the remit of the permitted development legislation and so could not be dealt with within the one application.

The LPA also stated concerns over the total amount of building operations that were proposed to the main building as part of its residential conversion, relying on a recent appeal decision in their area.

This resulted in a refusal of the first application at the latest possible moment in the decision making process.

However a prompt resubmission of the application for the conversion of the first barn only, with additional information and clarification, along with references to other relevant appeal decisions, eventually resulted in the desired outcome for our client and the council granted prior approval in December 2019.

On receiving the news of the success, our client said:

“Brilliant!! Thank you for your perseverance! Can’t wait to get started! The champagne is going in the fridge now 😃”

The client also sent us a few old photos of the barn when it was built by her father in the late 1980s.

A separate planning application was submitted for change of use of the second barn to garaging and ancillary domestic uses in relation to the approved barn conversion, which was approved in January 2020.

We are delighted to have worked with our clients from the very outset on this project, which will enable them to create their dream home.

If you have a barn conversion project that you are struggling with or don’t know where to start, please get in touch with us and we will be happy to advise you further.

Project Team: Dominic Cooney & Daryl Sanders

Government considering key changes to the General Permitted Development Order

21st August 201914th February 2019 by Gary Stringer

The Government published a consultation which ran from 29th October 2018 until 14th January 2019 titled “Planning Reform – Supporting the high street and increasing the delivery of new homes.”

The most significant proposal is to introduce new Permitted Development (PD) rights “to provide additional self-contained homes by extending certain premises upwards”. It is proposed that the new rights would apply to premises in a range of uses that are compatible with C3 residential use. These are defined as potentially including:

“C3 residential premises, those A class and sui generis high street uses that can already change use to housing under a permitted development right ((shops (A1), financial and professional services (A2), restaurants and cafes (A3), betting shops, pay day loan shops and launderettes), offices (B1 (a)), and buildings in mixed use within these uses.”

It is proposed that the PD rights would not apply to: Article 2(3) land (including conservation areas, areas of outstanding natural beauty, the Broads, National Parks and World Heritage Sites), Sites of Special Scientific Interest (SSSI), the standard 4 exclusions (i.e. listed building, scheduled monument, safety hazard area, or military explosives storage area) or safeguarded land within 3km of the perimeter of an aerodrome.

The Government is proposing two different ways to deal with the height restrictions. Either, a PD right could allow premises in a terrace (of two or more properties) to extend upwards to be no higher than the main roofline of the highest building in the existing terrace, or, upward extensions could be permitted more widely to a height no higher than the prevailing roof height in the locality.

There is additionally a proposed maximum limit of no more than 5 storeys above grand level once extended (based on an additional storey not exceeding 3m in height). However it is proposed that this height limit would not apply in the case of purpose built, free standing blocks of flats over 5 storeys, which would be allowed to extend upwards (i.e. to a height greater than 5 storeys above ground level).

The applicant would still be required to apply to the Local Planning Authority for approval on a number of issues, such as flood risk and impact on neighbouring amenity.

The document also asks the question of whether these PD rights should additionally allow the upward extension of a dwelling for the enlargement of an existing home.

The second significant proposed change is to allow the demolition of commercial buildings and redevelopment as residential. At present, PD rights allow new homes to be delivered through change of use of existing buildings. The Government suggest that allowing demolition of commercial buildings and replacement build as residential, would allow high quality development to be secured which is consistent with national planning policy.

Feasibility really needs to be explored before this becomes a PD right and factors such as the height and density of new buildings would also need to be considered. It is also being considered whether the right should just apply to smaller sites, as this would be more practical. However it would still have the benefit of setting a precedent for larger sites.

Other matters being considered are:

-To allow shops (A1), financial and professional services (A2), hot food takeaways (A5), betting shops, pay day loan shop and launderettes to change to office use (B1). It is also proposed to allow hot food takeaways (A5) to change to residential use (C3);

-The removal of the existing right that allows the installation of, and advertising on, new public call boxes;

-Increasing size limits for off-street electric vehicle charging points;

-Greater flexibility for temporary changes of use;

-Making permanent two currently time-limited PD rights (B8 to C3 & larger extensions to dwellinghouses)/

There have been some fierce critics of the proposed changes. The Town and Country Planning Association has warned that the proposed changes will deprive local authorities of essential funding and risks creating poor living conditions for vulnerable people.

Dr Hugh Ellis, interim chief executive of the TCPA, said:

“Converting commercial and disused high-street properties into homes is fine, so long as it doesn’t condemn desperate people — often young people or poor families — to live in badly designed boxes without consideration for their health and wellbeing.

“Under the existing system of permitted development, 1,000 new flats can be built in an old 1970s office building or industrial estate, and the local council can’t require a single sq. ft. of play space for the children who live there — and the communities have effectively no say. This cannot become the norm.

“The rebirth of town centres requires vision and masterplanning, with real investment in culture and the built environment. How can we pay for this investment when permitted development removes the power of local authorities to get one penny in section 106 contributions from developers?”

The responses to the consultation will now be considered before any proposed amendments are published. We will provide an update on this in due course.

Class Q appeal in Staffordshire Moorlands establishes that modern agricultural building conversion is acceptable

12th December 20225th December 2018 by Gary Stringer

Planning & Design Practice have recently won an appeal against refusal of Prior Approval by Staffordshire Moorlands District Council, in relation to a barn conversion under Class Q of Permitted Development.

This permission was hard won, involving 2 applications for prior approval and several re-designs of the scheme, along with the appeal against the second refusal, as well as providing comments in relation to the updated NPPF (July 2018) during the appeal process. Several members of the team were involved in the whole project, eventually achieving the result our clients were after by gaining approval from the Secretary of State’s appointed Inspector.

The Council has a reputation for strongly resisting applications under Class Q, when the building in question is of modern construction, as opposed to more historical barns that are built from brick or stone. However the permitted development legislation makes no distinction in this respect.

Indeed, it could be argued that Class Q has been enacted to facilitate the conversion of modern agricultural buildings, given that a normal planning permission for change of use is still an available route for applicants with traditional buildings.

Key points from the Inspector’s report that found favour with our arguments and evidence included; that the building is structurally capable of conversion; that none of the proposed works would fall outside of those building operations permitted, that they would be reasonably necessary for the building to function as a dwelling; and that the replacement of the roof materials, provided they are not structural elements, would fall within the scope of works permissible.

Other more general comments of note by the Inspector include:

“The nature of agricultural buildings will invariably mean that they will not have all of the necessary elements of a residential dwelling, or have them to the necessary standard or condition, hence the provisions of paragraph Q.1.(i).”

On the matter of the number of windows in the proposed scheme:

“I do not share the Council’s view that the number of windows proposed is excessive or unnecessary.”

In relation to the Council’s criticism of a ‘domestic’ appearance of the scheme:

“The very nature of a change from an agricultural building to a dwelling will invariably introduce a more domestic appearance in the form of windows and doors.”

In response to the Council’s criticism of full height windows:

“The full height form of the windows would not be uncharacteristic in my view, given the size of openings commonly found on agricultural buildings.”

The most interesting comment from the Inspector however, in my opinion, draws a line once and for all under Staffordshire Moorlands District Council’s “resistance in principle” to the conversion of modern agricultural buildings:

“…the permitted development right under Class Q, which as its starting point, grants permission for agricultural buildings to be converted to dwellings, andit must therefore be the government’s intention that, in principle, such buildings can remain in the landscape and serve a new function as dwellings.”

This appeal decision sets a clear precedent for the acceptability of conversion of modern agricultural buildings under permitted development, and there are many sections of this appeal decision that we will refer to in future. It is hoped that the Planning Officers at SMDC will take on board the Inspector’s reasoning and take a more pragmatic view of these types of applications in future.

If you are considering a barn conversion under Permitted Development Class Q or are currently experiencing difficulties with, or a refusal of, a submitted application, please get in touch with us at Planning & Design Practice for advice on 01332 347371 or email enquiries@planningdesign.co.uk.