IMPORTANT: DCLG has updated its “Permitted Development for Householders – Technical Guidance” document (April 2014) …

[NOTE: For other updates to the "Technical Guidance" document, please view the following posts:
- This post for the January 2013 updates.
- This post and this post for the October 2013 updates.
- This post for the April 2014 updates.
- This post for the April 2016 updates.
- This post for the April 2017 updates.]

Introduction:

The Department for Communities and Local Government (DCLG) has updated its "Permitted Development for Householders - Technical Guidance" document. As such, the current and previous versions of the "Technical Guidance" document are now as follows:

  • April 2014: Permitted Development for Householders - Technical Guidance (pdf).
  • October 2013: Permitted Development for Householders - Technical Guidance (as amended on 17/12/2013) (pdf).
  • October 2013: Permitted Development for Householders - Technical Guidance (as amended on 20/11/2013) (pdf).
  • October 2013: Permitted Development for Householders - Technical Guidance (as amended on 29/10/2013) (pdf).
  • January 2013: Permitted Development for Householders - Technical Guidance (pdf).
  • August 2010: Permitted Development for Householders - Technical Guidance (pdf).

The main differences between the current version (April 2014) and the previous version (October 2013, as amended on 17/12/2013) are as follows:

Dwellinghouse granted planning permission by Part 3 Class IA or MB (page 3):

Since the previous version of the "Technical Guidance" document was published in October 2013, limitations A.1(za), B.1(za), C.1(za), D.1(za), E.1(za), F.A1, G.1(za), and H.1(za) have been inserted by SI 2014 No. 564 (link) on 06/04/2014. For info, these new limitations set out that Part 1 Classes A to H do not apply if permission to use the property as a dwellinghouse has been granted only by virtue of Part 3 Class IA or MB.

As such, on page 3 of the "Technical Guidance" document, in the section titled "Introduction", the following new advice relating to Part 3 of the GPDO has been inserted:

"Houses created through the permitted development rights to change use from shops, financial and professional services premises or agricultural buildings, which were introduced in April 2014, cannot use these permitted development rights to improve, alter or extend homes and planning permission should be sought."

As a result of the above amendment, the following conclusion has been added to the new "Dwellinghouse granted planning permission by Part 3 Class IA or MB" topic of the Part 1 of the GPDO - GENERAL Appeal Decisions document on this website:

  • Houses created through the permitted development rights to change use from shops, financial and professional services premises or agricultural buildings, which were introduced in April 2014, cannot use these permitted development rights to improve, alter or extend homes.
    [Source: Permitted development for householders - Technical guidance].
    [This advice is since April 2014].

20cm set-back from the eaves, etc (pages 34-35):

Since the previous version of the "Technical Guidance" document was published in October 2013, condition B.2(b) has been replaced by SI 2014 No. 564 (link) on 06/04/2014. For info, the replacement condition sets out the following:
- 1) The 20cm set-back (e.g. for a rear dormer, etc) should now be measured from the "outside edge of the eaves" (i.e. rather than from the closest point of the eaves).
- 2) The 20cm set-back does not apply in the case of a) "a hip-to-gable enlargement" or b) "an enlargement which joins the original roof to the roof of a rear or side extension".
- 3) [Except in the above case "a)" or "b)"] The eaves of the original roof must be "maintained or reinstated".
- 4) [Except in the above case "b)"] The enlargement can not extend beyond "the outside face of any external wall of the original dwellinghouse".

As such, on pages 34-35 of the "Technical Guidance" document, in the section relating to condition B.2(b), the previous advice relating to this condition has been amended. The parts of the current advice that are new are as follows:

"It is sometimes necessary to remove the eaves of the original roof while works are carried out. To be permitted development eaves that are temporarily removed should be reinstated."

"The enlarged part of the roof must not extend beyond the outer face of any wall of the original house if it is to qualify as permitted development. An interpretative provision at paragraph B.4 of Class B clarifies that for these purposes any roof tiles, guttering, fascias, barge boards or other minor roof details which overhang the outer face of the wall should not to be considered part of the roof enlargement."

The parts of the current advice that are the same as the previous versions of the "Technical Guidance" document are as follows:

"The measurement of 20cm should be made along the original roof slope from the outermost edge of the eaves (the edge of the tiles or slates) to the edge of the enlargement. Any guttering that protrudes beyond the roof slope should not be included in this measurement".
[Note: This advice is the same as the "August 2010" and "January 2013" versions].

"This 20cm set back will be required unless it can be demonstrated that this is not possible due to practical or structural considerations. One circumstance where it will not prove practical to maintain this 20cm distance will be where a dormer on a side extension of a house joins an existing, or proposed, dormer on the main roof of the house".
[Note: This advice is the same as all previous versions].

In addition, the diagram is the same as the previous versions, albeit that the annotation has been updated to include the advice that "The enlargement cannot overhang the outer face of the wall of the original house".

As a result of the above amendment, the following conclusions have been added to the "B.2(b)" topic of the Part 1 of the GPDO - GENERAL Appeal Decisions document on this website.

  • For the purposes of the post-06/04/2014 version of B.2(b), the 20cm set back should be measured from the outer edge of the eaves.
    [Source: Permitted development for householders - Technical guidance].
    [This advice is since April 2014].
  • For the purposes of the post-06/04/2014 version of B.2(b), eaves that are temporarily removed should be reinstated.
    [Source: Permitted development for householders - Technical guidance].
    [This advice is since April 2014].
  • For the purposes of the post-06/04/2014 version of B.2(b), the enlarged part of the roof (ignoring any roof tiles, guttering, fascias, etc) must not extend beyond the outer face of any wall of the original house.
    [Source: Permitted development for householders - Technical guidance].
    [This advice is since April 2014].

Other (insignificant) amendments:

  • On page 3 ("Introduction"), the second paragraph now states that the guidance was updated "in April 2014 to clarify the position regarding the measurement of eaves in relation to the enlargement of a roof (see page 34)". For reference, this new sentence relates to condition B.2(b), which was replaced by SI 2014 No. 564 (link) on 06/04/2014.
  • On page 3 ("Introduction"), the third paragraph now includes a reference to "the Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014".
  • On page 4 ("General Issues"), the first paragraph now includes a reference to the "2014 rules".
  • In the "April 2014" version, two (mostly blank) pages have been removed from the start of the document. This means that the page numbering within the "April 2014" version is different from the page numbering within the "October 2013" version (as amended on 17/12/2013) – for example page "20" within the former version corresponds to page "22" within the latter version, etc.
  • Several other insignificant amendments have been made. For example, on page 22 a diagram has been realigned, on page 33 the spacing between two paragraphs has been reduced, and on page 45 the reference to "Communities and Local Government" has been updated to "The Department for Communities and Local Government".

Additional notes:

  • All links on the Planning Jungle website to the "Technical Guidance" document have been updated to ensure that they link to the current version of the document (i.e. the "April 2014" version).

Comments by the Planning Jungle website:

  • The positive aspect of this update is that it's been published at the same time as the new legislation, rather than months later (as was the case with the October 2013 version) or years later (as was the case with the August 2010 version). However, in my opinion, there are a number of negative aspects, as detailed below.
  • Firstly, this update doesn't provide any advice about the significant amendments to condition A.4 that were made by SI 2014 No. 564 (link). So, for example, none of the issues raised by this forum post have been addressed.
  • Secondly, the new advice provided by this update about the replacement condition B.2(b) is relatively limited. For example, none of the issues raised by this forum post have been addressed.
  • Thirdly, despite the fact that this update represents the 6th version of the "Technical Guidance" document, it still doesn't resolve a number of significant ambiguities within the legislation that even government Inspectors are unable to interpret consistently. For example, 5 1/2 years after the legislation came into force (on 01/10/2008), it's still not possible to give a definite answer to the simple question "is it permitted development (on a typical house) to replace timber windows with UPVC windows?".