The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013

Amendments in relation to home extensions

4.—(1) In Part 1 of Schedule 2 (development within the curtilage of a dwellinghouse), Class A is amended as follows

(2) In paragraph A.1(e) at the beginning insert “subject to paragraph (ea),”.

(3) After paragraph A.1(e) insert—

“(ea) until 30th May 2016, for a dwellinghouse not on article 1(5) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;”

(4) After paragraph A.3 insert—

“A.4.— (1) The following conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(e) but is allowed by paragraph A.1(ea).

(2) Before beginning the development the developer shall provide the following information to the local planning authority—

(a) a written description of the proposed development including—

(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

(ii) the maximum height of the enlarged part of the dwellinghouse; and

(iii) the height of the eaves of the enlarged part of the dwellinghouse;

(b) a plan indicating the site and showing the proposed development;

(c) the addresses of any adjoining premises;

(d) the developer’s contact address; and

(e) the developer’s email address if the developer is content to receive communications electronically.

(3) The local planning authority shall notify owners or occupiers of any adjoining premises about the proposed development by serving on them a notice which—

(a) describes the proposed development, including—

(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

(ii) the maximum height of the enlarged part of the dwellinghouse; and

(iii) the height of the eaves of the enlarged part of the dwellinghouse;

(b) provides the address of the proposed development;

(c) specifies the date when the information referred to in paragraph (2) was received by the local planning authority and the date when the period referred to in paragraph (8)(c) would expire; and

(d) specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the local planning authority.

(4) The local planning authority must send a copy of the notice referred to in paragraph (3) to the developer.

(5) Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises.

(6) The local planning authority may require the developer to submit such further information regarding the proposed development as the local planning authority may reasonably require in order to consider the impact of the proposed development on the amenity of any adjoining premises.

(7) The local planning authority shall, when considering the impact referred to in paragraphs (5) and (6)—

(a) take into account any representations made as a result of the notice given under paragraph (3); and

(b) consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.

(8) The development shall not be begun before the occurrence of one of the following—

(a) the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;

(b) the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 42 days following the date on which the information referred to in paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.

(9) The development shall be carried out—

(a) where prior approval is required, in accordance with the details approved by the local planning authority;

(b) where prior approval is not required, or where paragraph (8)(c) applies, in accordance with the information provided under paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

(10) The development shall be completed on or before 30th May 2016.

(11) The developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(12) The notification referred to in paragraph (11) shall be in writing and shall include—

(a) the name of the developer;

(b) the address or location of the development, and

(c) the date of completion.”