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How can I find out if permitted development rights have been removed in my area?
National planning regulations allow certain alterations to be made to a property without requiring planning permission; these are known as permitted development rights. In some cases, local authorities may remove or restrict these rights for specific types of development that would otherwise be allowed. This is achieved through the use of Article 4 Directions, which are intended to protect the character, heritage, and appearance of designated areas.
If your local planning authority has issued an Article 4 Direction, some of your permitted development rights may no longer apply. As a result, you may need to submit a planning application for works that would not normally require one.
You can check whether an Article 4 Direction affects your property by visiting your local authority’s website.
Common Questions
Yes, but this type of conversion will require full planning permission. This is because you’d be changing the use of the ground floor from residential to commercial (typically to a use class such as E), while the upper floor would remain as a residential flat (Class C3). The change of use triggers the need for planning approval.
Find out more about change of use
You can put one flagpole up to 4.6 metres high in your garden without needing to apply for planning permission. If it is higher than this or you live in a protected area such as a Conservation Area or listed building then consent will be required.
Certain flags can be flown without needing consent, such as national flags.
Read government guidance on flying flags for more information.
Removing a chimney stack may fall under permitted development rights, meaning no application for planning permission is required provided certain limits and conditions are met.
The permitted development right which covers this focuses on the installation, alteration or replacement of a chimney, note that this does not specifically mention removal. Rules in a conservation area may differ, in this instance you should contact your local planning authority directly to understand their position, and if the building is listed, then you will need listed building consent.
To ensure that the local planning authority will allow the removal of the chimney stack you can apply for a lawful development certificate. If approved, then no enforcement action can be taken against the change.
If the chimney is shared (i.e. as part of a terrace), you might need to discuss with relevant neighbour and obtain a party wall agreement.
Building regulations approval may not be required if you are removing the external chimney stack above the roof. If works progress to the internal chimney stack or breasts, then it will require building regulations to understand the structural impact.
Read more about planning and building regulations on Planning Portal.
A shed is classed as an outbuilding which falls under permitted development rights, meaning that it does not require an application for planning permission. They can be built in conservation areas provided they meet the limits set out in legislation.
Specifically on protected land, including conservation areas, no part of the outbuilding can be on the side or front elevation of the house.
A full list of limits and conditions can be read on our outbuildings common project.
Adding a new driveway to an unclassified road for access to a house or business falls under permitted development rights, meaning no application for planning permission is required.
If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.
You will have to apply to the relevant highway authority for a dropped kerb if you wish to cross a pavement to access your property.
