Side return extension 4M - require full planning or PD?

[gomo]

Hi,

To extend a mid Victorian terrace by using the existing side return to form open plan kitchen/diner. The side return is 4M long, will this require full planning or can this be done under Permitted Development please?

There property has not been extended in the past.

Thanks

[Section20z]

If only there was an easy way to find out
https://www.planningportal.co.uk/inf.../17/extensions
If you're not a conservation area and not using more than 50% of your garden you should be okay.

[flyingfreehold]

I wouldn't recommend a DIY drawing for your PD app; and any draughtsman familiar with the local council's planning dept will know exactly what you can achieve for a house like yours under PD. Unlike a planning app, you can amend a drawing under a PD app. You have to appeal a No or start again and pay another fee, albeit that the fee is much lower than a full planning app

[gomo]

Thanks for your replies.

The house is in a conservation area and subject to article 4, which I understand is to do with HMO.

From my understanding the regulation for terraces house state 3M extension under PD from the rear wall. Considering this house has side return and the kitchen protruding out 4M. Which wall is the 3M distance taken from?

[pilman]

The permitted development rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015, so comments about the Planning Portal or plans being required for PD rights should be ignored unless this an extension that requires pre-approval because it is larger than that permitted by the GPDO.

SCHEDULE 2 Article 3
Permitted development rights
PART 1
Development within the curtilage of a dwellinghouse
Class A – enlargement, improvement or other alteration of a dwellinghouse

Permitted Development
A. The enlargement, improvement or other alteration of a dwellinghouse.
Development not permitted
A.1 Development is not permitted by Class A if—
(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue
of Class M, N, P or Q of Part 3 of this Schedule (changes of use);
(b) as a result of the works, the total area of ground covered by buildings within the curtilage
of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the
total area of the curtilage (excluding the ground area of the original dwellinghouse);
(c) the height of the part of the dwellinghouse enlarged, improved or altered would exceed
the height of the highest part of the roof of the existing dwellinghouse;
(d) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered
would exceed the height of the eaves of the existing dwellinghouse;
(e) the enlarged part of the dwellinghouse would extend beyond a wall which—
(i) forms the principal elevation of the original dwellinghouse; or
(ii) fronts a highway and forms a side elevation of the original dwellinghouse;
(f) subject to paragraph (g), 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 4 metres in
the case of a detached dwellinghouse, or 3 metres in the case of any other
dwellinghouse, or
(ii) exceed 4 metres in height;
(g) until 30th May 2019, for a dwellinghouse not on article 2(3) 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;
(h) the enlarged part of the dwellinghouse would have more than a single storey and—
(i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or
(ii) be within 7 metres of any boundary of the curtilage of the dwellinghouse opposite
the rear wall of the dwellinghouse;
(i) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the
curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would
exceed 3 metres;
(j) the enlarged part of the dwellinghouse would extend beyond a wall forming a side
elevation of the original dwellinghouse, and would—
(i) exceed 4 metres in height,
(ii) have more than a single storey, or
(iii) have a width greater than half the width of the original dwellinghouse; or
(k) it would consist of or include—
(i) the construction or provision of a verandah, balcony or raised platform,
(ii) the installation, alteration or replacement of a microwave antenna,
(iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or
(iv) an alteration to any part of the roof of the dwellinghouse.
A.2 In the case of a dwellinghouse on article 2(3) land, development is not permitted by Class A
if—
(a) it would consist of or include the cladding of any part of the exterior of the dwellinghouse
with stone, artificial stone, pebble dash, render, timber, plastic or tiles;
(b) the enlarged part of the dwellinghouse would extend beyond a wall forming a side
elevation of the original dwellinghouse; or
(c) the enlarged part of the dwellinghouse would have more than a single storey and extend
beyond the rear wall of the original dwellinghouse.
Conditions
A.3 Development is permitted by Class A subject to the following conditions—
(a) the materials used in any exterior work (other than materials used in the construction of a
conservatory) must be of a similar appearance to those used in the construction of the
exterior of the existing dwellinghouse;
(b) any upper-floor window located in a wall or roof slope forming a side elevation of the
dwellinghouse must be—
(i) obscure-glazed, and
(ii) non-opening unless the parts of the window which can be opened are more than 1.7
metres above the floor of the room in which the window is installed; and
(c) where the enlarged part of the dwellinghouse has more than a single storey, the roof pitch
of the enlarged part must, so far as practicable, be the same as the roof pitch of the
original dwellinghouse.
A.4—(1) The following conditions apply to development permitted by Class A which exceeds the
limits in paragraph A.1(f) but is allowed by paragraph A.1(g).
(2) Before beginning the development the developer must 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 may refuse an application where, in the opinion of the
authority—
(a) the proposed development does not comply with, or
(b) the developer has provided insufficient information to enable the authority to establish
whether the proposed development complies with,
the conditions, limitations or restrictions applicable to development permitted by Class A which
exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).
(4) Sub-paragraphs (5) to (7) and (9) do not apply where a local planning authority refuses an
application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a
refusal is to be treated as a refusal of an application for approval.
(5) The local planning authority must notify each adjoining owner or occupier 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 sub-paragraph (2) was received by
the local planning authority and the date when the period referred to in sub-paragraph
(10)(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.
(6) The local planning authority must send a copy of the notice referred to in sub-paragraph (5)
to the developer.
(7) 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.
(8) The local planning authority may require the developer to submit such further information
regarding the proposed development as the authority may reasonably require in order to determine
the application.
(9) The local planning authority must, when considering the impact referred to in sub-paragraph
(7)—
(a) take into account any representations made as a result of the notice given under subparagraph
(5); and
(b) consider the amenity of all adjoining premises, not just adjoining premises which are the
subject of representations.
(10) The development must not begin 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 subparagraph
(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.
(11) The development must 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 sub-paragraph (10)(c) applies, in
accordance with the information provided under sub-paragraph (2),
unless the local planning authority and the developer agree otherwise in writing.
(12) The local planning authority may grant prior approval unconditionally or subject to
conditions reasonably related to the impact of the proposed development on the amenity of any
adjoining premises.

[ggc]

do you have a satellite image of the property or sketch? (with proposed extension shown)?