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PART 3 - Classes of Householder Permitted Development Rights
3.1 The classes in this order are structured to have specific classes of PDR for various common forms of development. So, for example, decking has its own class of PDR and cannot be carried out under the provisions of another class. Some permitted developments may involve a combination of classes, e.g. where an extension to a house increases its development footprint and requires an alteration to the roof of the original dwellinghouse, then the development would have to comply with the restrictions and conditions which apply to both Class 1 and Class 2 in order to benefit from PDR.
3.2 All of the PDR in the dHPDO are subject to a set of general restrictions and conditions set out in Article 3 (see paragraphs 2.15 - 2.18). When reading the specific restrictions and conditions on each class below, these general restrictions and conditions must be borne in mind. The main ones are:
- The development must not result in more than 40% of the curtilage of the dwellinghouse (excluding the development footprint of the original dwellinghouse) being built upon;
- The development must not result in more than 40% of the rear curtilage of the dwellinghouse (excluding the development footprint of the original dwellinghouse) being built upon;
- The development must not result in more than 60 square metres of the curtilage being built upon, excluding the development footprint of the original dwellinghouse;
- The development must not involve works to or forming an access to a trunk road or classified road;
- The development must not result in an obstruction to the view of persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons
Q17 (Classes 1-12)
For each Class of PDR :
- Are the grant of permission and the restrictions and conditions clear?
- Will these controls release a significant number of proposals (see paragraph 1.3) from the planning application process?
- Will these PDR provide adequate controls on amenity?
- Are there any changes to the controls which might mean significant further reduction in planning applications without undermining amenity?
There is an additional question on Class 4 below.
Class 1 - the enlargement, improvement or other alteration of a dwellinghouse
3.3 This Class is subject to the following restrictions and conditions:
General
3.4 The general restrictions and conditions referred to in paragraph 3.2.
Specific
3.5 Sub-paragraphs (2)(a)(ii), (b) and (e) cover the basic restrictions on development footprint and height relative to the original dwellinghouse and distance from the dwellinghouse boundary.
3.6 Sub-paragraph (2)(d) places an additional control of 4 metres on the height of development within 2 metres of a boundary. The exception to this is where part of the original dwellinghouse is within 2 metres of the boundary and is already over 4 metres in height, in which case that part of the original dwellinghouse can be developed provided it does not get any higher.
3.7 Sub-paragraph (2)(f) provides that where a side elevation of a house or the principal elevation of a house fronts a road, any enlargement of the house must not extend beyond the wall which forms one of these elevations.
3.8 Sub-paragraph (2)(g) provides that there must be no development above 1 metre in height within 5 metres of a road where it would be closer to the road than the original dwellinghouse.
3.9 This class does not grant planning permission for any changes to the roof, or development relating to hard surfaces, decking, antennas, fences or gates etc, stone cleaning or painting. As indicated in paragraph 3.1 above, these are covered by other classes, set out below. Where an extension to a house affects the roof of the dwelling, then that development must comply with the restrictions in Class 2 relating to alterations to a roof.
Additional constraints in relation to dwellinghouses within conservation areas and the curtilage of listed buildings
3.10 Sub-paragraphs (2)(a)(i) and (c) limit extensions in these areas to a development footprint of 10 square metres and restrict any development beyond a building line bounded by a road and restrict certain changes to the external appearance of the dwellinghouse.
Class 2 - any alteration to the roof of a dwellinghouse including the enlargement of a dwellinghouse by way of an addition or alteration to its roof.
3.11 Class 2 grants planning permission for the alteration of or addition to a roof associated with the enlargement of the dwellinghouse, either by an extension of the development footprint of the original house affecting the roof or by development like a dormer window contained within the area of the original roof. It also covers alterations like velux windows which may not in themselves increase the size of the house. The following restrictions apply.
General
3.12 The general restrictions and conditions referred to in paragraph 3.2.
Specific
3.13 Sub-paragraphs (2)(a) and (d) control the height of any development relative to the height of the roof and the area of any plane of the roof which can be developed. Sub-paragraph (2)(b) prevents development extending beyond 20 centimetres from the existing plane of the roof on a principal elevation or a side elevation where these front a road. Sub-paragraph (f), contains the same height limit on development within 2 metres of the boundary as Class 1(2)(d) mentioned above.
3.14 Sub-paragraph (2)(c) contains additional locational requirements for developments, like dormer windows, which are located entirely within the development footprint of the existing dwellinghouse.
3.15 Sub-paragraph (3) contains a requirement that enlargements of more than one storey must have roof pitches which match those of the plane of the existing dwellinghouse.
Additional constraints in relation to dwellinghouses within the curtilage of a listed building or within conservation areas
3.16 Under sub-paragraph (2)(e), no permitted development is allowed under this class in these areas.
Class 3 - the provision within the curtilage of a dwellinghouse of any building, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.
3.17 Class 3 basically grants permission for developments separate from the dwellinghouse but within its curtilage. This includes development for the keeping of poultry, bees, pets, animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse. This Class does not grant any planning permission for antennas (see Class 6 below). The restrictions and conditions are as follows:
General
3.18 The general restrictions and conditions referred to in paragraph 3.2
Specific
3.19 The specific restrictions do not apply to maintenance of an existing building. Development is not allowed where any part of the building, enclosure or pool would be situated on land forward of a wall forming the principal elevation or side elevation of the original dwellinghouse and is fronting a road. Development is not allowed where any of it would be more than 4 metres in height or within 1 metre of the boundary of the dwellinghouse. Development is not allowed above 1 metre in height within 5 metres of a road where it would be closer to the road than the original dwellinghouse. There is also a restriction on decking being erected under this class as there is separate PDR for decking under Class 10.
Additional constraints in relation to dwellinghouses within the curtilage of a listed building or within conservation areas
3.20 Development is not allowed in these areas where it would consist of the provision, alteration or improvement of a building with a development footprint of greater than 4 square metres.
Class 4 - the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse.
3.21 In the current GPDO, this class grants planning permission for various forms of hard surface, e.g. paving stones, tarmac or mono blocking. Some concerns have been raised about this type of un-regulated hard surfacing adding to run off from dwellings which, in times of heavy rainfall for example, can contribute to flooding and the overflowing of drainage systems.
3.22 The Scottish Government Building Standards Division ( BSD - formerly the Scottish Building Standards Agency) consulted earlier this year on changes to building standards controls on hard surfaces, which would apply to all buildings, not just dwellinghouses. At present building standards apply to hard surfacing exceeding 200 square metres and smaller areas that are part of an access required by regulations. BSD are considering reducing the exempt area threshold which will result in smaller areas having to comply with the standards.
3.23 Some parties have argued for additional constraints on planning freedoms allowing hard standing around dwellinghouses.
3.24 In England new conditions on PDR for hard surfaces within the curtilage of dwellinghouses have recently been introduced. These PDR continue to grant planning permission for hard surfaces but require that for new or replacement hard surface over 5 square metres between the principal elevation and the road - "either the hard surface shall be made of porous materials, or provision shall be made to direct water run-off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse". The Department for Communities and Local Government have also provided additional guidance in this area: http://www.communities.gov.uk/publications/planningandbuilding/pavingfrontgardens
3.25 Although not included in the draft Order, the Scottish Government as part of its overall approach to flood protection is considering including the same requirements as England on PDR for hard surfaces.
Q18. Do respondents agree with the addition of requirements on drainage to PDR for new and replacement hard surfaces over an area of 5 square metres between the principal elevation and the road?
Class 5 - the erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil or liquefied petroleum gas or other domestic fuel.
Class 7 - the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure within the curtilage of a dwellinghouse.
3.26 There are no significant changes planned for these PDR except that instead of the "20 metre rule" (see paragraph 2.6) we have used a restriction on development forward of the principal elevation and included the limit on the height of development within 5 metres of a road and where it would be nearer the road than the original dwellinghouse.
Class 6 - the installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwelliinghouse.
Class 8 - the formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this schedule other than Class 7.
Class 9 - the stone cleaning or painting of the exterior of any dwellinghouse or building within the curtilage of a dwellinghouse
3.27 The permitted development rights in Classes 6, 8 and 9 are unchanged from the current provisions in the GPDO.
Class 10 - the erection, construction, maintenance, improvement or other alteration of a deck or other raised platform within the curtilage of a dwellinghouse.
3.28 This is a new class of PDR specific to decking. The restrictions and conditions which apply to this class are:
General
3.29 The general restrictions and conditions set out in paragraph 3.2.
Specific
3.30 The floor height of decking is limited to 1 metre and decking cannot be erected within 2 metres of the boundary of the dwellinghouse. Where a householder wished to erect a fence around such decking, this would have to comply with the height restrictions in Class 7. There are also restrictions on locating decking forward of a side or principal elevation fronting a road.
Additional constraints in relation to dwellinghouses within the curtilage of a listed building or within conservation areas
3.31 In these areas decking is limited to 4 square metres in area.
Class 11 - the erection or construction of a porch outside any external door of a dwellinghouse
3.32 This is a new separate class of PDR for porches and allows them around any doorway to the house, regardless of the controls in Class 1 on other alterations and additions to dwellinghouses. The restrictions and conditions that apply are:
General
3.33 The general restrictions and conditions set out in paragraph 3.2.
Specific
3.34 The development footprint of a porch under these PDR is limited to 3 square metres and the height to 3 metres. Also no part of the porch can be within 1 metre of the boundary of the property or within 5 metres of a road and nearer to the road than part of the original dwellinghouse.
Additional constraints in relation to dwellinghouses within conservation areas.
3.35 These PDR do not apply within conservation areas.
Class 12 - the installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.
3.36 This is a new class of PDR to make clear that an application for planning permission is not required for these minor developments. The restrictions and conditions are:
General
3.37 The general restrictions and conditions referred to in paragraph 3.2 (although these are unlikely to be an issue for this class of PDR).
Specific
3.38 The height of the chimney, flue or soil and vent pipe must not exceed the highest part of the roof of the dwellinghouse by more than 1 metre.
Additional constraints in relation to dwellinghouses within the curtilage of a listed building or within conservation areas
3.39 The chimney, flue or soil and vent pipe must not be installed on a wall or roof slope which fronts a highway and forms the principal elevation or a side elevation of the dwellinghouse
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