FAQs and links

Question
How long does planning permission last?

Answer
You now have to start building work within 3 years from the date of the permission. This has recently change from 5 years. The definition of starting building work is different for each type of development, you need to qualify this with the Planning Department.

Question
Are Permitted development rights changing?

Answer
Yes, if you refer to our pdf document there is a consultation paper which will indicate what may be changing in the Town and Country Planning [ General Permitted Development ] Order 1995.
One of the important changes for householders is that shortly you will be a lot more restricted as to what you can build on your roof. It appears that shortly you will no longer be able to build large full width flat roof dormers at the rear of the property.
Also you will be more restricted to what detached buildings you can erect in your garden.

Question
What is a section 106 agreement?

Answer
This is a form of obligation or agreement made under Section 106 of the Town and Country Planning Act between the Council and the Developer. It may be used to address concerns that may affect the wider community as a result of the development, for example to secure on site affordable housing provision that can then be provided to house local people or to enable a benefit of the development to be transferred to the council e.g. a riverside walkway or a sum of money for education purposes generated by the development proposed.
We recently made a Change of Use application and the LPA asked the developer, as a condition of the approval, to provide bus passes for the future occupiers of the apartments for a 3 year period.

Question
Can we have a balcony as part of our loft conversion. ?

Answer
Normally if you propose construct a balcony above ground level then this will require planning permission. Normally the planners would reject this sort of proposal if it would overlook neighbours gardens and affect their privacy.
However, Bristol City Council take the view that a balcony built as part of a rear dormer extension is classed as Permitted Development under Class B of the 1995 GDPO.
This is due to the Council losing a court case when trying to take enforcement action on a development on a terraced house including a rear dormer loft conversion incorporating a balcony.

Since this court case we have obtained Certificates of Lawfulness of Proposed Use for clients who want to carry out similar developments.
Therefore if the balcony was built at the same time and as part of the rear dormer, the Council currently   accepts that in principle it can be classed as Permitted
Development so long as the dormer (and its ancillary balcony) keep within the guidelines of Class B.
As detailed above PD rights are changing and balconies in future will always require planning permission.

Question
Do I need to make a Planning application for my timber deck ?

Answer
Case Law has shown that it is necessary to treat raised decking under Class A of The Town and Country  Planning [ General Permitted Development] Order 1995, ie as an enlargement of the house. Therefore the volume below the decking has to be calculated and included in the property's permitted development allowance.

Please note, however, that if the decking was not attached to the house in any way it could be classed as permitted development under Class A paragraph A.3[a] of the above Order.
Note: Consideration always needs to be given to other works have been carried out to the original house since 1948, and if it is still a single dwelling house.

Useful links

UK planning

For information on planning appeals
www.planning-inspectorate.gov.uk/

For calculating volume in relation to Permitted Development
www.planningportal.gov.uk

A visual guide for Planning Permission for Householders
www.planningportal.gov.uk

For Geological reports, i.e. Radon areas visit:
www.bgs.ac.uk

For permitted development information:
www.opsi.gov.uk