Exactly how far you can extend home WITHOUT planning permission under new plans – but you’ll risk neighbour ‘civil war’
MILLIONS of homeowners will be able to build bigger extensions and loft conversions without needing permission under new plans.
Michael Gove announced a raft of policy measures yesterday including changes to permitted development rights to allow people to extend their homes outwards and upward.
Homeowners will also be able to convert as much loft space as they want without permission.
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It is part of a broader effort by the Conservatives to support a "gentle densification" of towns and cities across the country.
The Levelling Up Secretary also wants to pile pressure on local councils to build new homes in a bid to solve Britain's housing crisis.
You'll create a civil war. It won't work.
David Toogood
But the planning reforms sparked fears of a surge in neighbours feuding.
Gove was accused of creating "civil war" as disputes over kitchen extensions encroaching on garden fences and loft conversions blocking light are likely to increase.
David Toogood, of Harding Chartered Surveyors in south-west London, told : "If you let neighbours make these changes to their properties without controlling it, you'll create a civil war. It won't work.
"Our industry will be rubbing its hands together. There will be masses of work for surveyors and lawyers sorting this mess out.
Gove's proposed extension plans
Single-storey extension
Current rules: Restricted to 3m in depth on most houses and 4m in depth on detached properties.
New rules: Increased to 4m depth on most houses and 5m on detached homes.
Rear two-storey extension highest point
Current rules: Must not be higher than the highest point of the house.
New rules: Can be as high as the highest part of the house - but must not be visible from the street.
Loft extension
Current rules: Limits conversions to 50 cubic metres in most cases or 40 cubic metres in terraced houses.
New rules: Homeowners would be allowed to convert as much loft space as available.
L-shape extensions
Current rules: Need to have planning permission.
New rules: Won't need planning permission.
Extension sizes
Current rules: Extensions and other buildings must not exceed 50 per cent of the land surrounding it, known as the "curtilage".
New rules: Can cover more than 50 per cent of the surrounding area.
Under the proposed rules, the restrictions on single-storey rear extensions will be increased to 4m depth on most houses and 5m on detached homes.
Rear two-storey extensions could be as high as the highest part of the house - if it is not visible from the street.
Meanwhile L-shape extensions, which wrap around the two sides of a home, will not need planning permission.
Homeowners would also be allowed to convert as much loft space as available.
The current rule limits conversions to 50 cubic metres in most cases or 40 cubic metres in terraced houses.
Here's what you need to know:
How do you actually appeal?
In order to appeal, you'll need to prepare a Statement of Case.
This is a document setting out why you believe the extension should be granted in planning policy terms - an expert can help you with this, but they will charge.
This is sent along with an appeal form to the Planning Inspectorate.
This is a government body independent of your local council, which will check whether the planning authority which refused you was correct to do so.
There is normally no fee to submit a planning appeal to the Planning Inspectorate.
The main cost is the fee you'll need to give a consultant or solicitor to prepare and manage it on your behalf - the amount will depend on the case.
How do I win my appeal?
The truth is, there is no guarantee to winning your appeal - and you should be wary of any solicitor or consultant that promises you a victory.
"Any one consultant who says an appeal will definitely be won should be avoided" said Andrew.
That said, there are some tips that can help you on your way to a win.
"Take a look around - if other nearby homeowners have made similar changes, the chances are you will win," said Andrew.
Another thing to look out for is that your application may have been refused on a technicality or just because of a missing detail.
"Sometimes it is worth re-applying with a modified version if the council only wants small changes. A re-application is free within a year of the first refusal," said Andrew.
But if an appeal is mishandled and refused this can "blight" the property and you will not get permission in future.
There are some challenges when you are looking to appeal.
You must establish that the extension complies with local planning policy and importantly does not harm others.
A Department for Levelling Up, Housing and Communities (DLUHC) spokesperson said: "We are committed to delivering the right homes in the right places, as well as empowering people to extend their homes outwards and upwards.
"Our loft extension proposals aim to free people from the arduous process of planning permission, giving householders more flexibility to meet the needs of growing families and maximise the potential of their homes."
The Government's eight-week consultation on the proposals is open until April 9.
It comes as Gove is set to intervene in London to push for more developments on brownfield sites in the capital.
He wants every council in England to prioritise housebuilding on brownfield sites under new plans.
Extra pressure is set to be brought to bear on larger city councils that fail to meet housing targets.
Today marks another important step forward in our Long-Term Plan for Housing.
Michael Gove
Rishi Sunak, in an article in The Times, said he understood "people's anger" about the fact home ownership "feels too far away for too many, especially the younger generation".
But he also sought to address concerns from some Tory voters, writing that the Government would not "simply ignore people's concerns or bulldoze through local opposition".
"All that would build is resentment," he said.
Gove said the move would "tackle under delivery in our key towns and cities".
Under the proposed reforms, part of a consultation due to run until the end of March, it will become harder for the largest city councils to refuse construction on brownfield land if local housing targets are not met.
The "brownfield presumption", covering the 20 biggest towns and cities, will make it easier to get permission to build on previously developed sites, the DLUHC said.
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The planned changes come alongside efforts that the Government hopes will cut red tape preventing derelict sites and unused buildings being turned into homes.
Legislation is set to amend planning regulations to make it easier for commercial buildings to be repurposed.
How can I challenge a neighbour's development?
If a new or existing structure is blocking light from entering your home, you have a right to challenge it.
The first thing you should do is have a word with your neighbour - they might not realise the impact it has on your home.
If they're unwilling to reach an agreement, you have the right to take legal action - but bear in mind that this can be expensive.
First you could try a mediation service, which acts as a neutral third-party to help opposing sides find a compromise.
RICS has set up a Neighbour Disputes Service to negotiate agreements between homeowners.
If you decide to take further action, you'll need to hire a professional right to light specialist who can assess the impact of the development.
If you raise the issue before construction starts, the need for natural light can be taken into account and avoid court action and solicitors.
But even if building work is finished, neighbouring homeowners can raise a right to light claim for compensation or alterations, so long as evidence is submitted.
If it gets as far as the courts judges can award either financial compensation or order alterations to restore natural light.
The amount of compensation available will vary depending on the situation.