The site and background
This case concerned a newly built dwelling located within the Green Belt. When planning permission was granted for the house, the council imposed a condition removing all householder permitted development rights.
The effect of the condition was that even very minor domestic works, such as installing new windows, building a small extension or erecting a modest garden outbuilding, would require a full planning application, rather than being carried out under permitted development rights.
The planning issue
Permitted development rights are granted nationally through the General Permitted Development Order and apply to most dwellinghouses, including those located within the Green Belt. While it is open to councils to remove those rights by condition, national planning policy and guidance make clear that this should only be done in exceptional circumstances and where there is a clear, specific and site-based justification.
In this case, the council’s sole justification for removing permitted development rights was the location of the dwelling within the Green Belt. While development in the Green Belt is subject to strict controls, that designation does not, in itself, remove a homeowner’s permitted development rights. Houses in the Green Belt benefit from the same nationally defined rights as those elsewhere, subject to the limitations already built into permitted development legislation.
The appeal case
The appeal focused on the correct application of national policy and guidance.
It was explained that the General Permitted Development Order already contains detailed limitations designed to protect the openness of the Green Belt, including restrictions on the size, siting and height of extensions and outbuildings. Those controls are intended to address Green Belt concerns without the need for blanket conditions removing permitted development rights altogether.
It was therefore argued that the condition was neither necessary nor reasonable, and that the council had failed to identify any specific harm that would arise from the exercise of permitted development rights in this particular case.
The outcome
The appeal inspector agreed and allowed the appeal, deleting the condition removing permitted development rights.
In reaching that conclusion, the inspector confirmed that the location of a dwelling within the Green Belt is not, by itself, sufficient justification for the removal of permitted development rights, and that such conditions must be supported by clear and specific reasoning if they are to be justified.
Why this case is relevant
Conditions removing permitted development rights are often imposed on new dwellings in rural areas and the Green Belt as a matter of course. This case demonstrates that such conditions can be successfully challenged on appeal where they are not properly justified and where national policy has not been correctly applied.
For a wider explanation of when planning conditions removing permitted development rights can be challenged, see our guide to removing permitted development rights.
Another example of a planning appeal where a condition removing permitted development rights was successfully challenged can be found here.
If your property is affected by a similar condition, you can email us a copy of the decision notice at info@just-planning.co.uk and we will advise whether it is capable of being challenged.
