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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
In most cases, yes - planning permission is required to operate a business from your garage. This is because the use would no longer be purely domestic, and the garage would be considered to have changed use from residential (Class C3) to a business-related use, which requires planning consent.
A soakaway does not normally require an application for planning permission provided it deals with surface water and does not discharge into a public sewer. Additional regulations may apply if you are in a conservation area or within the boundary of a listed building.
Building regulations will apply to the creation of a soakaway. The soakaway must comply with Part H of the building regulations which specifies where they can be located and the size that is permitted.
Read more about Approved Document H.
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 ‘P certificate’ may refer to confirmation that electrical installations within a building are compliant with Approved Document P of the building regulations.
An electrician who is Part P certified is able to self-certify domestic work they complete, meaning you do not have to submit a building notice. To ensure your electrician is Part P certified, use a registered competent person.
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.
