Permitted Development 50% area question
Permitted Development 50% area question
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poo at Paul's

Original Poster:

14,558 posts

199 months

Saturday 26th September 2020
quotequote all
Does anyone know what the “original area” around a house is for permitted devleopment? I know it says based on in 1948 or original build date if later, so existing extensions count as part of the 50percent rule.
But is it 50 percent of the area that can be developed, eg back / side gardens only, or is it the entire area around the house, eg all gardens, front / rear, as well as driveway etc?

I think it refers to the property curtilage, is that the whole plot area or just the rear of the house? Or rear of the front of the house?

b0rk

2,412 posts

170 months

Saturday 26th September 2020
quotequote all
Curtilage is the whole of the property area of which upto 50% can be developed under PDR.

However there is the principle elevation restriction which states that any development affecting the principle elevation(s) (typically the front but sometimes also a side) is not covered by PDR.

You can't build beyond a notional line that forms the furthest back part of any principle elevation. Neither can you build above eaves level on a elevation.

Length and boundary limits will further reduce the usable footprint for PDR all are measured from the original consented planning application.

https://assets.publishing.service.gov.uk/governmen...

poo at Paul's

Original Poster:

14,558 posts

199 months

Saturday 26th September 2020
quotequote all
Great, so basically, look at whole plot, take out the original house area, and half of that is the max area for PDR.
But that 50 percent can only be used in certain ‘permitted’ areas, ie as you say, not the principal elevation/ front etc as that is not PDR.

Carbon Sasquatch

5,159 posts

88 months

Saturday 26th September 2020
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It's the whole plot - it's all explained here -

https://assets.publishing.service.gov.uk/governmen...

Equus

16,980 posts

125 months

Saturday 26th September 2020
quotequote all
b0rk said:
Curtilage is the whole of the property area ...
Carbon Sasquatch said:
It's the whole plot...
Not quite (or not necessarily): curtilage and land ownership boundary are not necessarily the same.

As the Technical Guide linked above touches upon:

the Technical Guide said:
“Curtilage” - is land which forms part and parcel with the house. Usually it is the area of land within which the house sits, or to which it is attached, such as the garden, but for some houses, especially in the case of properties with large grounds, it may be a smaller area.
In layman's terms: if it looks like private garden area associated with the house, then it's probably 'curtilage'. If it looks to be separated from the house by some sort of boundary feature, or in separate use (eg. as an orchard or paddock, or as part of a verge to an adjacent road, etc.) then it's not.

poo at Paul's

Original Poster:

14,558 posts

199 months

Saturday 26th September 2020
quotequote all
Ours is a detached house on a plot, driveway up one side, open to a smallish front garden with a garden wall across the other side (to drive), so making a large side and rear garden all connected.
It’s been extended already 25 years ago. We are looking at something in the back that I think will,be fine on the 50 percent even if it is the rear garden only,:but well within if it is the whole plot including front garden and drive. We would like to leave a bit of margin in case we ever wante to do anything else, even pergolas etc count toward it I believe.

Zed Ed

1,149 posts

207 months

Saturday 26th September 2020
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It is only likely to be an issue if it causes the Council a problem either because it is an outlier, outside policy or carries material harm.

I’d submit a planning application and frame it as within the 50% rule approx; or don’t mention it at all.

What is built nearby?

Welshbeef

49,633 posts

222 months

Saturday 26th September 2020
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Always sensible to go full planning permission especially when the time comes to sell.

Equus

16,980 posts

125 months

Saturday 26th September 2020
quotequote all
Welshbeef said:
Always sensible to go full planning permission especially when the time comes to sell.
As I've said so many times on this forum that I've lost count, it's not lawful for a Local Authority to grant Planning Permission for something that doesn't require it: it would be ultra vires on their part.

The most they can do in such circumstances is to issue a Certificate of Lawful Development.

b0rk

2,412 posts

170 months

Sunday 27th September 2020
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Just a note but any original extension beyond original consented scheme would count towards the PDR area.
Double extensions are a potentially problematic area.

Overall size limits on length and width are likely to mean that on anything but the smallest of plots the technically allowable area under the 50% rule can’t be consumed.

If your not sure get professional advice before building anything.