March 21, 2013

Permitted Development Rights

HebHomes has uploaded details of Permitted Development Regulations onto our Member's Area.  This outlines what alterations and buildings you can construct within the boundaries of your land.  The good news is that in most cases our Airighs will not require planning permission if within the curtilage of a dwellinghouse.  This is even the case if the airigh is to be used for letting purposes. Anything up to a 3 bed house can have a one bedroom airigh without requiring planning consent (so long as rooms on the house are not being let). A 4 bedroom house is permitted a 2 bedroom airigh. The crucial section is 3A and these conditions have to be followed:

 

Class 3A.—

 

(1) The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.


(2) Development is not permitted by this class if—


(a) it consists of a dwelling;
(b) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;
(c) the height of the eaves would exceed 3 metres;
(d) any part of the development would exceed 4 metres in height;
(e) any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse would exceed 2.5 metres in height;
(f) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or
(g) in the case of land in a conservation area or within the curtilage of a listed building, the resulting building would have a footprint exceeding 4 square metres.