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Do I Need Planning Permission

Information about the requirement for planning application

Some residential property alterations and extensions do not require the submission of a planning application. This is known as 'permitted development'. 

However, depending on what you want to do, you may need planning permission. In some cases though, although it initially appears you don't need permission, you may find that your 'permitted development rights' (rights to build without permission) have been restricted or removed. This may apply if your property:

  • is a listed building
  • is within a conservation area
  • is within an area covered by an Article 4 direction
  • has planning conditions from when it was built that restricts permitted development rights.

Although you may not need planning permission, you may still need building regulations approval.

If you require a formal determination by the local planning authority as to whether permission is required, you are advised to apply for a Lawful Development Certificate for a proposed use or development. General guidance can also be found on the Planning Portal website.

Householder enquiry service

For clarification as to whether planning permission is required, you are advised to complete our householder enquiry form. We charge a fee of £62 for this service.

Prior Approval - Householder

Single Storey Rear Extensions only

On 30 May 2013 legislation came into force which introduced a Prior Notification scheme for single storey rear extensions to a domestic dwelling. This allows householders to build larger single-storey rear extensions under permitted development rights, ie. without applying for full planning permission.

The size limits will be doubled from a maximum of 4m deep from the rear of the original dwelling, to a maximum 8m for detached houses, and from a maximum of 3m to a maximum of 6m for all other houses (with some exceptions ie. dwellings in Conservation Areas) . All other limits in relation to householder permitted development remain in force, ie. height and positioning etc.

The homeowner wishing to build a rear extension 4m-8m deep for a detached house and 3m-6m deep for any other dwelling should complete the Householder Prior Notification Form. This form includes:

  • a written description of the proposal ;
  • the length that the extension extends beyond the rear wall of the original house;
  • the height at the eaves of the extension;
  • the highest point of the extension;
  • a plan of the site, showing the proposed development;
  • the addresses of any adjoining properties;
  • a contact address for the homeowner/agent  and an e-mail address if the homeowner/agent is happy to receive correspondence by e-mail

There is a fee of £96 in connection with this process.

The local authority will serve a notice on adjoining owners or occupiers i.e. those who share a boundary.  These neighbours will be given not less than 21 days to respond and give any comments.

If no objections are received from adjoining neighbours then the Local Planning Authority will issue a notice saying that Prior Approval is not required and then development can go ahead.

If any adjoining neighbour raises an objection within the 21-day period, the local authority must assess the proposal and make a decision about whether the impact on the amenity of all adjoining properties is acceptable. Additional information may be asked for from the homeowner at this stage.

The Local Authority will then either issue a Prior Approval Notice and the development can go ahead or refuse to issue a Prior Approval.  The homeowner can appeal to the Planning Inspectorate in this instance.

If the local authority does not notify the developer of its decision within the 42-day determination period, the development may go ahead.

You may contact the Planning & Growth section with any queries you may have regarding the above process, either by writing, by email at planningandgrowth@rushcliffe.gov.uk or by telephoning 0115 981 9911.

Dropped kerbs

If you want a dropped kerb outside your property you will need to contact Notts County Council. Visit Nottinghamshire County Council dropped kerb webpage to apply. If the property is on an A, B or C road, you may also need to get planning permission from us. Contact us for more information.

 


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