New planning regulations come into force for residential properties

Although recent reports have stated that house purchase lending in Scotland increased in the third quarter of last year by eight percent, this is still significantly lower than the levels of lending prior to the current credit restrictions.

As a result, home owners are now more likely to carry out a range of works to their properties, including extensions, erections of outbuildings such as sheds and summerhouses, and the formation of garden items, including decking.

This type of work previously required to be permitted through the planning system and, as a result, the levels of red tape and time taken for applications to be approved and sanctioned has inhibited home owners from carrying out such improvement works.

New permitted development rights for home holders came into force in Scotland last month. The removal of the necessity of planning permission falls into the category of permitted development, which means the areas of development allowed to be carried out within the curtilage of a property without obtaining planning permission.

It should be noted, however, that strict planning regulations and restrictions are still in force, in particular regards to listed building and properties contained within conservation areas and strict guidance is in place for the application of planning permissions, including listed building consents within these areas.

The legislation for these restrictions are set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 with the amendment order of the Householder Permitted Development Rights in 2011.

The main change for properties not within conservation areas or listed buildings is that the erection of single storey extensions will no longer require to obtain planning permission (within certain restrictions) which should allow house owners to have a greater ability to carry out minor alterations to their property without all the red tape contained within obtaining planning permission.

There are, however, still rules in relation to the size and position of where extensions may be formed and the class which falls under the title ‘Enlarging a Dwelling House’, which is now split into four sections, single storey ground floor extensions, ground floor extensions of more than one storey, porches and enlargements to roofs.

Single Storey Ground Floor Extension

This is by far the most popular type of extension carried out on residential dwellings and the new planning order will allow a single storey extension to be erected to the rear of the subjects, as long as the height of the eaves would not exceed a height of three metres with the overall height including the pitch be no higher than four metres.

Furthermore, the extension cannot be closer than one metre to the boundary and extend no more than three metres. And the overall footprint of the rear extension cannot exceed 50% of the original area of the curtilage.

Ground Floor Extensions of More Than One Metre

Properties covered within the ground floor extensions of more than one metre heading include one and a half storey extensions or two storey extensions and, on the very rare occasion, three storey extensions. The regulations have been tightened up within this grouping and now the extension must be at least 10 metres from any boundary within the curtilage and therefore most extensions will not be able to meet this criterion. Thereafter, full planning permission will however be necessary.

Porch

The new regulations will allow the construction of a porch to any exterior door of a dwelling as long as the porch is not higher than three metres with an overall footprint of 3 sq m. The minimum distance between the porch and any boundary or road must be at least two metres.

Enlargements to the Roof

Dormers, including the formation of Velux windows, have been a point of discussion with badly design and installed dormers being detrimental to the overall appearance of a property. Dormers will, however, be permitted as long as the width of the dormer is less than half the width of the roof plane and must be at least 30cm away from any ridge or eave.

The dormer must also be at least 10 metres from any boundary it faces and cannot be on a principal elevation or side elevation that fronts a road. Building warrants may be required for the description of construction and further advice should always be obtained by contacting your local authority building department.

Another change under the structure is to allow minor alterations to the existing properties. This would allow permitted development to the property as long as they are within one metre to all walls or the roof of a property.

Installations include instalment of satellite dish or solar panels and hopefully this relaxation will encourage home owners to look at reducing their overall carbon footprint with the installation of solar panels to the rear elevations of properties maintaining their cosmetic appearance and reducing the overall carbon footprint. There may be restrictions, however, within a conservation area or to listed properties.

Alterations Within the Curtilage

Access ramps and installation of summer houses and sheds can now cover up to approximately 50% of the garden area and decking can be installed as long as it is not higher than half a metre from ground level.

In all instances, although planning permission will not be required under the permitted development provisos, it may be necessary to obtain a building warrant. Further advice can be sought from the local authority building departments

This removal of the need to obtain planning permission in certain cases, including some extensions, sheds and decking, would hopefully enable improvements to be made to the current housing stock without the additional cost and time restrictions found within the former planning application process.