Navigating property development can be challenging, especially when it comes to understanding regulations. In Jersey, permitted development rights (PDR) simplify the process for homeowners and builders who want to make changes without a full planning application. This guide will clarify what these rights encompass, their implications for homeowners, and provide practical steps to leverage them effectively.
What Are Permitted Development Rights?
Permitted Development Rights are regulations that allow specific types of development without needing a full planning application. This process aims to streamline planning while promoting responsible development that benefits homeowners.
Local legislation Planning and Building (General Development) (Jersey) Order 2011 clarifies the types of developments classified under these rights.
Types of Developments Covered Under Permitted Development Rights
Conservatory's, extensions, porches, canopies and retractable awnings
Planning permission is not required for a domestic conservatory, extension, porch, canopy or retractable awnings provided the following conditions are met:
A conservatory, extension, porch or canopy is being built within your domestic curtilage (‘domestic curtilage’ is the area of land on which a dwelling house sits which is used for residential purposes. It does not include a field or other open land next to a house, even if it is in the same ownership)
The Conservatory or extension's external area is no greater than 30 square metres in total. It is important to factor in structures (including outbuildings and extensions to the house) that were built under 'permitted development rights' from1st June 2007. The combined total area of all structures must not exceed 30 square metres
Porches and canopies must have an external area no greater than 3 square metres in total.
Retractable awnings must not be installed above ground floor level
A conservatory or extension must not front of a principal elevation of the house. Porches and canopies can be built in front of a principal elevation
Conservatory, extension or porch must not be used for a commercial purpose
Conservatories and extensions must not exceed 3.5 metres if the roof is pitched (in which case the bottom of the roof planes must not exceed 2.5 metres). This includes a part flat part pitched roof
Conservatories and extensions must not exceed 3 metres if the roof is flat
Any part of the roof of a conservatory or extension must not exceed 2 meters in height if within 1 metre of an adjoining property boundary
A conservatory / extension must be accessible from the interior of the main house
Porches and canopies must not exceed 2.75 metres in height or be built within 2 metres of a road
Be aware of the exemptions to the above. You will need planning permission if:
any of the work involves the formation or alteration of vehicle access to a public road
any of the work creates an obstacle to a view of a public road or near a bend, corner or junction that would result in danger
the property is registered as a listed building or place (LBP) or a potential listed building or place (pLBP) and does not fall within an area of archaeological potential (AAP)
permitted development rights have been removed by a condition on a previous Planning Permit in the last 30 years
Loft Conversions
Some loft conversion alterations are covered under Permitted Development Rights provided the following conditions are met:
No gable windows are created
The converted space must be used as part of the main house
The property is not registered as a listed building or potential listed building
Dormer windows must:
be located at least 1 metre from any boundary
be located at least 1 metre above the eaves of the roof plane
be located at least 1 metre below the ridge of the roof plane
measure no more than 1.2 metres in width (measured externally)
be limited to a maximum of two windows are allowed on any roof plane and must be placed at least 1 metre apart measured horizontally
be positioned at least 10 metres from the boundary of any other facing property (measured horizontally)
Rooflights much:
not be installed on a principal elevation if the building / site lies within a conservation area (CA)
must be at least 1.7 metres above the finished floor level, measured to the lowest part of the frame if installed within 10 metres of a boundary
must not project more than 10cm above any roof plane
No more than 50% of the area of a roof plane may be taken up by dormers or skylights
Garage Conversions
You can convert an attached garage provided the following conditions are met:
a new garage is built within the domestic curtilage (‘domestic curtilage’ is the area of land on which a dwelling house sits which is used for residential purposes. It does not include a field or other open land next to a house, even if it is in the same ownership)
the garage is not in front of a principal elevation of the house
the garage height does not exceed 3.5 metres if the roof is pitched (in which case the bottom of the roof planes must not exceed 2.5 metres). This includes a part flat part pitched roof
the garage height does not exceed 3 metres if the roof is flat
any part of the garage roof if it is within 1 metre of an adjoining property boundary does not exceed 2 metres in height
the room will be directly accessible from within the main house
it must not be used as a separate unit of accommodation
it must not be used for commercial purposes
any previous permission relating to the property does not state that the garage must be retained for parking
your property is not registered as a listed building or place (LBP) or a potential listed building or place (pLBP) and does not fall within an area of archaeological potential (AAP)
no new window or door openings are created or any existing openings blocked up, if the building is in a conservation area (CA)
no windows or doors are created or altered above ground level
planning permission will be required if permitted development rights have been removed by a condition on a previous Planning Permit within the last 30 years
Conclusion
Understanding permitted development rights is vital for homeowners seeking to make manageable, legal improvements to their homes. While PDR provides flexibility and convenience, adherence to specific regulations is essential, we recommend seeking advice from and architect and the planning department before embarking on a project.