If you're looking to undertake any development on your land, you will need planning permission. However, the process for obtaining this from the local planning authority can be long and costly.

Permitted development rights offer an alternative planning route for development in limited circumstances, without the need to submit a planning application to the planning authority, usually a district or borough council.

Permitted development rights only apply to a handful of developments and they are subject to a number of exceptions, limitations and conditions.

Can i get permitted development rights?

Permitted development rights are granted in the following four situations, subject to exclusions:

1. Development of a dwelling house, such as a house extension

2. Minor operations such as constructing a fence

3. Changes of use: certain offices and shops can be converted to residential

4. Temporary buildings and uses, for example a development or a change of use which is only temporary

The Government has recently announced plans to introduce a new permitted development right to allow property owners to extend certain buildings upwards.

Planning controls over permitted development rights

You should always check whether your council has issued an Article 4 direction, which removes permitted development rights in a specific area. Depending on the type of development, you may also need to obtain prior approval from your LPA.

Relying on permitted development rights can be risky without appropriate legal advice and getting it wrong could have costly consequences. For example the council might require a full planning application to be made and might issue an injunction to stop works and return the development to its original state.

  • David Marsden is a partner in the commercial property team at award-winning law firm VWV, which has offices in Clarendon Road, Watford