Since coming to power in 2010 the Coalition Government has tried to encourage house building and allow householders to extend their properties more easily as a means of trying to stimulate the economy. As a result, in many localities the 'General Permitted Development Rights' have been relaxed to enable larger extensions to be built on properties without the need for planning permission.
However, it is important for householders to remember that many factors can influence whether planning permission is needed for further development of their property, including issues such as: whether the property is in a conservation area, the size of any previous extensions, whether the property is a listed building or in a National Park.
The Planning Department within a Local Authority has significant powers to take enforcement proceedings against house-owners who have carried out unauthorised works to their property, including issuing an injunction preventing any further work being carried out or even an order requiring any structure to be taken down. A house which is subject to such proceedings or which may have planning difficulties will be almost unsaleable.
The Department for Communities and Local Government (DCLG) has recently made a new Planning Enforcement Fund of £1m available to Local Authorities to crack down on unauthorised development and to ensure that planning rules are complied with. The aim is to ensure that Local Authorities have the funds available to pay the legal costs which they will incur in trying to obtain a Court injunction against householders who breach planning law.
It is fair to say that most planning breaches are resolved without going to Court. However, in the last ten years there have been an average of 60 injunctions issued each year by local planning councils.
Planning is a complex area and a failure to comply properly with planning requirements can make it very difficult to sell your property.
For a link to the press release go to: Press release
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