Planning Condition - does this remove PD rights?

[Hilldes]

Can someone help interpret this wording please from a planning condition applied to an approval letter:

 

"

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no enlargement within Schedule 2, Part 1, Classes A and B shall be carried out on the dwellinghouse hereby permitted.

Reason: Having regard to the size of the dwelling approved, the local planning authority wishes to retain control over any future extensions at the property, in order to safeguard the openness of the Green Belt and the residential amenities of adjoining properties.

"

 

Does this mean effectively that Permitted Development rights have been removed for the plot?

 

More specifically, would it prohibit the erection of a garden building that would normally fall within PD rights?

[JohnMo]

Yes permitted development rights will be removed, so you will need planning applications for anything would have been permitted rights previously.

 

I would ask for clarification, or possibly better, don't and take the literal wording as a given - as the wording states 'extension' so you cannot extend. It doesn't mention garden room or shed or garage or heat pump etc. It just says extension.

[ToughButterCup]

This issue is common: so common that it has been discussed here several times.

Here's one well-argued thread about the matter.

 

In brief - ask for your PD Rights back. If they refuse, Appeal. If you appeal and they lose, you pay nothing.

That is what I plan on doing when I'm slightly less busy.

Good luck @Hilldes

[DevilDamo]

They have only removed Class A and Class B. You can still carry out other PD works providing they meet the requirements.

 

Because you’re in the Green Belt, don’t think that a re-instatement of your PD rights will be plain sailing.

Edited September 6, 2023 by DevilDamo

[Dave Jones]

unless there is a very specific reason unique to your build requiring removal of PD I would appeal it. It's free and you have very good chance to win.

 

The National Planning Policy Framework (the NPPF), the granddaddy of planning policies, states that (paragraph 52):

“…planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so.”


The government’s national Planning Practice Guidance (the PPG) goes further, says that:

“Conditions restricting the future use of permitted development rights or changes of use may not pass the test of reasonableness or necessity.”

[joe90]

A agree with @DevilDamo it’s only house extensions restricted, not other things (garden room, shed). Their letter mentions green belt which is probably their reason for restrictions.

[Dave Jones]

out of curiosity is there a time window for PD rights to kick in after completion of a build ?

[JohnMo]

Immediately after formal issue of the completion certificate, I believe 

[Hilldes]

Thanks all for the replies. Basically got two 12'x36' static caravans in the back garden that won't fit through the side access and no other route out of the back garden 😯. So thinking about having one demolished and removed and keeping the other as a garden building (shed). But shielding it so it looks kind of like a shed and not a caravan.

[ToughButterCup]

Put wheels and a towing hook on the caravan - make it mobile. They can't touch ya then.