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Prior Approval

Householder

Single Storey Rear Extensions only

On 30 May 2013 new legislation came into force which introduced a Prior Notification scheme for single storey rear extensions to a domestic dwelling. Until 30 May 2019 householders will be able to build larger single-storey rear extensions under permitted development rights, ie. without applying for full planning permission.

The size limits will be doubled from a maximum of 4m deep from the rear of the original dwelling, to a maximum 8m for detached houses, and from a maximum of 3m to a maximum of 6m for all other houses (with some exceptions ie. dwellings in Conservation Areas) . All other limits in relation to householder permitted development remain in force, ie. height and positioning etc.

The homeowner wishing to build a rear extension 4m-8m deep for a detached house and 3m-6m deep for any other dwelling should complete the householder Prior Notification form. This form includes:

  • a written description of the proposal ;
  • the length that the extension extends beyond the rear wall of the original house;
  • the height at the eaves of the extension;
  • the highest point of the extension;
  • a plan of the site, showing the proposed development;
  • the addresses of any adjoining properties;
  • a contact address for the homeowner/agent  and an e-mail address if the homeowner/agent is happy to receive correspondence by e-mail

There is no fee in connection with this process.

The local authority will serve a notice on adjoining owners or occupiers i.e. those who share a boundary.  These neighbours will be given not less than 21 days to respond and give any comments.

If no objections are received from adjoining neighbours then the Local Planning Authority will issue a notice saying that Prior Approval is not required and then development can go ahead.

If any adjoining neighbour raises an objection within the 21-day period, the local authority must assess the proposal and make a decision about whether the impact on the amenity of all adjoining properties is acceptable. Additional information may be asked for from the homeowner at this stage.

The Local Authority will then either issue a Prior Approval Notice and the development can go ahead or refuse to issue a Prior Approval.  The homeowner can appeal to the Planning Inspectorate in this instance.

If the local authority does not notify the developer of its decision within the 42-day determination period, the development may go ahead.

To benefit from these permitted development rights, the extension must be completed on or before the 30th May 2019 and the developer must notify the local authority in writing of the date of completion – the required notice will be issued with any Prior Approval notice granted.

You may contact the Planning & Growth section with any queries you may have regarding the above process, either by writing, by email at planningandgrowth@rushcliffe.gov.uk or by telephoning (0115) 914 8259

Other Prior Notification

Class J, Class K, Class L and Class M

On 30 May 2013 legislation comes into force which introduces a Prior Notification scheme for various developments to be carried out  under permitted development, ie. without applying for full planning permission.

These developments fall within Class J, Class K, Class L and Class M of the Town & Country Planning (General Permitted Development) (Amendment) (England) Order 2013.

Class J

Development consisting of a change of use of a building and any land within its curtilage to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class B1(a) (offices) of that Schedule.

Class K

Development consisting of a change of use of a building and any land within its curtilage to use as a state-funded school, from a use falling within Classes B1(business), C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) and D2 (assembly and leisure) of the Schedule to the Use Classes Order.

Class L

Development consisting of a change of use of land from a use permitted by Class K to the previous lawful use of the land.

Class M

Development consisting of a change of use of a building and any land within its curtilage from use as an agricultural building to a flexible use falling within either Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class B1 (business), Class B8 (storage or distribution), Class C1 (hotels) or Class D2 (assembly and leisure) of the Schedule to the Use Classes Order.

An application made to the local planning authority for a determination as to whether the prior approval of the authority will be required should include:-

  • a written description of the proposal ;
  • a plan of the site, showing the proposed development;
  • a contact address for the homeowner/agent  and an e-mail address if the homeowner/agent is happy to receive correspondence by e-mail.
  • A fee of £80

The form for these submissions is available here:-

Class J, Class K and Class M Prior Approval application form

As a result of the application the Local Planning Authority may deem it necessary to carry out consultations with highway, transport and environment authorities and environmental health, and as such request additional information from the developer.

Notification of adjoining premises will be undertaken and a site notice may be displayed, informing of, and giving the opportunity to, comment on the proposal within a minimum of 21 days.

The Local Authority will then, taking into account representations, the National Planning Policy Framework, and as necessary the Environmental Protection Act 1990, either issue a Prior Approval Notice allowing  the development to go ahead or refuse to issue Prior Approval. 

If the local authority does not notify the developer of their decision within the 56-day determination period, the development may go ahead.

Pre-application advice

Find out if your proposal requires planning permission by visiting the pre-application advice page.

Some developments which do not require planning permission may require approval under the building reulations.

What type of application is needed?

There are different types of applications for different developments. The forms and fees page will give more guidance on what form should be used for different developments. In most cases where householders apply for planning permission (e.g. extensions) the simplified householder form can be used.

Dropped kerbs

If you want a dropped kerb outside your property you will need to contact Notts County Council. Visit Nottinghamshire County Council dropped kerb webpage to apply. If the property is on an A, B or C road, you may also need to get planning permission from us. Contact us for more information.

What is development?

Development is "the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land" (from Section 55 of the Town and Country Planning Act 1990).

However, not all types of development falling within this definition require planning permission. Some types of development are covered by the The Town and Country Planning (General Permitted Development) Order 1995.

We also deal with advertisements which are covered by the Advertisement consent regime . Consent for listed buildings and buildings in conservation areas may also be required. Visit the conservation pages for more information or see Outdoor advertisements and signs: a guide for advertisers.


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