Residential extensions and the adjoining premises objection mechanism

I wrote about ‘Permitted Development, Residential extensions and the law of unintended consequences’ on 24th April and queried whether the proposed protection of neighbour amenity mechanism might have a potentially wider and damaging impact.

Since then we have had The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 (the 2013 Order) which was made on the 7th May and comes into force on the 30th May 2013.

This deals, in Article 4, with amendments to Part 1 of Schedule 2 to The Town and Country Planning (General Permitted Development) Order 1995 (the 1995 Order) to allow larger home extensions to be built until 30^th May 2016.

This temporary permitted development right is subject to a new procedure. Before beginning the development the person relying on the right must notify the LPA. The LPA will then notify neighbouring properties. If neighbours object to the proposed development the LPA must consider whether the extension should be approved. The development may not be started until the LPA has notified the person of their decision or until the expiry of 42 days without such a decision being notified.

The provision allows for a single storey 4m high rear extension of up to 8m in the case of a detached dwellinghouse or 6m in the case of any other dwellinghouse extending beyond the rear wall of the original dwellinghouse to be built without the need for planning permission.

But before beginning the development there is a convoluted process which must be complied with as follows: 

• The developer has to provide certain information to the LPA. This includes a written description of the proposed development including how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse; the maximum height of the enlarged part of the dwellinghouse; and the height of the eaves of the enlarged part of the dwellinghouse; a plan indicating the site and showing the proposed development; the addresses of any adjoining premises; the developer’s contact address; and the developer’s email address if the developer is content to receive communications electronically. 
• The LPA then notifies owners or occupiers of any adjoining premises about the proposed development by notice which describes the proposed development, including how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse; the maximum height of the enlarged part of the dwellinghouse; and the height of the eaves of the enlarged part of the dwellinghouse; provides the address of the proposed development; specifies the date when the proposal information was received by the LPA and the date when the 42 day period would expire; and specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the LPA. The LPA has to send a copy of this notice to the developer.
• Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the LPA is required as to the impact of the proposed development on the amenity of any adjoining premises.
• The LPA may require the developer to submit such further information regarding the proposed development as it may reasonably require in order to consider the impact of the proposed development on the amenity of any adjoining premises. 
• The LPA shall, when considering the impact take into account any representations made as a result of the notice given; and consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations. 
• The development shall not be begun before either written notice that prior approval is not required; the grant of prior approval; or the expiry of 42 days following the date on which the necessary information was first provided to the LPA and the LPA has not determined whether prior approval is to be given or refused. 
• The development shall be carried out where prior approval is required, in accordance with the details approved by the LPA; or where prior approval is not required, or on the expiry of the 42 day period, in accordance with the information provided unless the LPA and the developer agree otherwise in writing.
• The development shall be completed on or before 30^th May 2016 and the developer shall notify the LPA of the completion of the development as soon as reasonably practicable after completion which notification shall be in writing and shall include the name of the developer; the address or location of the development, and the date of completion.

It does however seem clear from the provisions of Article 4 of the 2013 Order which inserts a new Article 4 (1) in the 1995 Order to the effect that “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)” that the new adjoining premises objection mechanism only applies to the temporary enlarged extensions and not to all Class A Development within the curtilage of a dwellinghouse. This at least reflects the assurances given by Ministers in the Parliamentary debates.

So from a householder's point of view the position is clear. They can rely on the existing permitted development rights and implement them without reference to either the LPA or the adjoining landowner or they can seek to implement the larger extension provided for under the new provisions and risk becoming embroiled in a process which permits objection from their immediate neighbour and ultimately rejection by the LPA.