The protected development provision ended at the end of July 2022, closing the additional year granted to proposals affected by the August 2021 changes to permitted development legislation. The provision classified certain proposals as "protected development" so that they could continue to be considered eligible for permitted development rights1.
Under the arrangement, proposals classed as protected development could use the legislation as it stood before the August 2021 changes. This allowed them to begin, or for relevant prior approval applications to be submitted, up to the end of July 2022, and to be progressed to completion on that basis1. The Planning Portal states that from the start of August 2021, changes to legislation came into force that, in a few specific circumstances, meant that what was to be considered eligible as permitted development up to the end of July 2021 would no longer be1.
Permitted development rights allow certain types of work to be carried out without needing to apply for planning permission. They derive from a general planning permission granted not by the local authority but by Government1. The rights that apply to many common projects for houses do not apply to flats, maisonettes or other buildings, and commercial properties have different permitted development rights to dwellings1.
Restrictions apply in some areas. In designated areas, which include a Conservation Area, a National Park, an Area of Outstanding Natural Beauty, a World Heritage Site, and the Norfolk or Suffolk Broads, permitted development rights are more restricted, and planning permission is needed for certain types of work that would not need an application elsewhere. Different requirements also apply to listed buildings1. A local planning authority may also have removed some permitted development rights by issuing an Article 4 direction, which means a planning application must be submitted for work that normally does not need one. Article 4 directions are made when the character of an area of acknowledged importance would be threatened, and are most common in conservation areas1.
Most permitted development rights are subject to conditions and limitations. One such condition on certain classes is the need to apply to the local planning authority for its prior approval, or to determine if prior approval will be required, allowing the authority to consider the proposals, their likely impacts in regard to certain factors such as transport and highways, and how these may be mitigated1.
Why it matters for households
For a household planning work that fell within the protected development provision, the end of July 2022 marked the point after which the pre-August 2021 legislation could no longer be used as the basis for eligibility. Proposals that relied on that route and had not begun, or had not submitted a relevant prior approval application, by that date could no longer proceed on that basis1.
The wider framework continues to shape what a home can do without a full planning application. Whether permitted development rights apply depends on the type of property, with houses, flats and maisonettes treated differently, and on whether the property sits in a designated area or is covered by an Article 4 direction1. Where prior approval is required, the local planning authority has a role in considering impacts before work proceeds1. Houses and flats created through permitted development rights, including changes of use, usually cannot subsequently use householder permitted development rights for additional development, and planning permission is usually required in those cases1.
What happens next
The protected development provision ran until the end of July 2022, and no further extension is reported1. The Planning Portal advises contacting the local planning authority to discuss a proposal before any work begins, and, for protected development cases, to confirm whether the provision applies1.
Sources1 cited
- Permitted Development Rights - Planning Permission - Planning Portal, planningportal.co.uk