Tiny and Gary had obtained planning permission for a two-storey rear extension to their home. However, the council imposed a condition removing a wide range of permitted development rights from the property.
This meant that the homeowners would have been required to apply for planning permission for even relatively minor future works, including extensions, roof alterations and a porch.
The condition was imposed on the basis that it was necessary to protect the openness of the Green Belt and the living conditions of neighbouring occupiers.
We advised that this approach was not justified.
It is not normal practice to remove permitted development rights when granting permission for a householder extension. National policy is clear that such conditions should only be used where there is clear and specific justification. In this case, the council was seeking to control hypothetical future development rather than the extension that had actually been approved.
We submitted an appeal seeking the removal of the condition.
Our case was that:
- the Green Belt designation does not, in itself, justify removing permitted development rights
- the General Permitted Development Order deliberately allows such rights in the Green Belt
- any future development would remain subject to detailed limitations and, in some cases, prior approval
- more targeted conditions could address any specific concerns (for example, overlooking), rather than a blanket restriction
The inspector agreed.
The appeal was allowed and the condition was removed, reinstating full permitted development rights at the property.
The inspector found that there was no clear justification for removing permitted development rights in this case, and that doing so was neither necessary nor reasonable.
This was an excellent result for the clients, restoring their ability to carry out further works to their home without unnecessary restriction.
If you have had permitted development rights removed by condition, it is often worth reviewing whether that condition is justified. We explain this issue in more detail in our guide to reinstating permitted developments rights.
