When Permitted Development Rights Are Removed in London

An Article 4 Direction is a formal direction made under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO). It withdraws specified permitted development rights in a specified area or for a specified class of land. Article 4 Directions are widely used in London: Conservation areas: Most London boroughs have made Article 4 Directions covering their conservation areas. The typical effect is to remove PD rights that would otherwise allow: enlargement or alteration of a house (e.g., side extensions or rear extensions beyond the Article 1(5) limits), installation of satellite dishes or solar panels visible from the highway, cladding of the external walls in materials different from the original, alterations to windows and doors visible from the highway (including replacement with uPVC), and installation of boiler flues on front elevations. In conservation areas where Article 4 covers these works, any external alterations visible from a public place require a planning application. Residential to HMO (Houses in Multiple Occupation): Many London boroughs have Article 4 Directions removing the permitted development right (in Class L of Part 3 of Schedule 2 to the GPDO) to convert a dwelling house (C3 use) to a small HMO (C4 use) without planning permission. Commercial to residential: The Government created new permitted development rights allowing commercial buildings to be converted to residential use. London boroughs have in some cases made Article 4 Directions to restrict these rights, seeking to maintain commercial premises in town centres. To check whether an Article 4 Direction applies to your property: search the local planning authority's planning portal (GIS map or policy documents) for "Article 4 Directions" — or call the planning department.

Householder permitted development rights (Schedule 2, Part 1 of the GPDO) apply to a "dwellinghouse." The legal definition of dwellinghouse for this purpose excludes flats and maisonettes. This means: If you live in a purpose-built flat, you do not have PD rights under Part 1 for extensions, outbuildings, roof alterations, or other works. If you live in a property that has been converted to flats (for example a Victorian terraced house divided into two or more self-contained flats), neither the individual flats nor the building as a whole benefits from householder PD rights. If your flat has a private garden that came with the lease, you still do not have PD rights — the land is demised to you, but the right to extend does not follow the land if the building is a flat. This is a very common source of confusion in London, where Victorian and Edwardian conversions are extremely common. A homeowner who has bought a flat with a garden may assume they can build a garden outbuilding under PD rights, and then discover that because the property is a flat, no PD right exists. For such works, a planning application is always required. Listed buildings: All external works to a listed building require listed building consent in addition to any planning permission. PD rights do not override the listed building consent requirement — even works that are PD-exempt from planning permission still require listed building consent if the building is listed.

Given the complexity of PD rights in London, the safest approach for any homeowner wanting certainty is to apply for a Lawful Development Certificate (LDC). There are two types of LDC: LDC for a proposed use or development: You describe the development you want to carry out and ask the local planning authority to confirm whether, in their view, it is lawful as permitted development. If they grant the LDC, you have legal confirmation that the development is PD-lawful. The LDC is also a useful document for conveyancing and future sale, as it confirms the development's legal status to buyers and their solicitors. LDC for an existing use or development: If the development has already been carried out (either because you believed it to be PD-lawful, or because a previous owner did it without permission), an LDC can confirm its legal status after the fact. The LDC application fee is lower than a full planning application fee and typically takes 8 weeks to determine. If you need a quick check before commissioning an LDC, a conversation with the local planning authority's duty planner or a pre-application call can give an informal steer — but only an LDC gives legal certainty. Alternatively, your architect or planning consultant can give a professional opinion on whether the development falls within PD limits and rights.