permitted development rights removed

[jobe1972]

Hi looking for some guidance on how best to deal with the issue of no PD rights.

 

I have just bought the property I live in it was social housing. when it was built in 2010 the whole area minus the existing old houses had their PD rights removed .. I am wondering the course to get them reinstated if possible so I don't have to continually jump through hoops on what would normally be allowed to build 

neighbouring houses literally next door have their rights intact

 

I have looked at the planning portal and its just gibberish to me

 

Thankyou. 

[markc]

Rather than PD rights being removed, it is more likely this was a condition imposed in order to get permission to build the houses in the first place. So it’s not  a case of reinstatement as they were never there in the first place and you would probably be better off applying for planning on whatever it is you are wanting to do.

[jobe1972]

14 minutes ago, markc said:

Rather than PD rights being removed, it is more likely this was a condition imposed in order to get permission to build the houses in the first place. So it’s not  a case of reinstatement as they were never there in the first place and you would probably be better off applying for planning on whatever it is you are wanting to do.

Hi thankyou for replying my issue is I technically need permission to do anything ie a fence or a lean too heck even a shed . I dont want to keep asking and paying for stuff that would cost less then the planning.. 

 

on the portal it has this but I dont understand any of it 

 

Description : ALL PERMITTED DEVELOPMENT RIGHTS REMOVED [ ] Check decision notice for details

decision : RMAPPC

Decision_Date : 2009-12-21

Condition_number : 5

condition_code : C0

short_condition_text : ALL PERMITTED DEVELOPMENT RIGHTS REMOVED

Condition_Text_1 : Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no development within parcel R2 as illustrated on drawing 1A1 (

Condition_Text_2 : 005 B falling within Classes A, B or E of that Order shall be undertaken, erected or constructed other than with the written approval of the local planning authority.

Condition_Text_3 :

Condition_Text_4 :

hyperlink : 

UPRN : 0

UPDATED : 2020-07-16

Status : Public

TableName : PD restrictions

condition_link : R/2009/15405

Field19 :

AREA : 859545.18

[nod]

1 hour ago, markc said:

Rather than PD rights being removed, it is more likely this was a condition imposed in order to get permission to build the houses in the first place. So it’s not  a case of reinstatement as they were never there in the first place and you would probably be better off applying for planning on whatever it is you are wanting to do.

Plus 1

[nod]

Fence sheds greenhouses permissions are usually a condition on most new builds Very difficult to enforce Especially if it’s to the rear of the property 

[kandgmitchell]

Presumably the actual condition is more detailed and refers to Classes A, B and E of Part 1 of the order which basically covers extending the dwelling, altering the roof and adding outbuildings.

 

You could still do a porch (Class D), hardstanding (Class F), roof light (Class C) and a couple of minor things such as chimneys, soil pipes etc.

 

Fences come under Part 2: Minor operations so shouldn't be affected.

 

You would need to apply to have the condition varied, the council are unlikely to lift everything for everyone so perhaps give specific reasons why your particular plot should not be restricted; size orientation, lack of neighbours etc.

 

If the portal is gibberish you're better off getting someone who knows the system to make the application for you.

[IanR]

On 22/08/2025 at 12:12, jobe1972 said:

I am wondering the course to get them reinstated

 

You'd need to apply for an S73, variation of conditions, and try to get that condition either removed or reduced from the original planning application.

 

There is a push for LPA's to use Conditions less than they have done in the passed, and old conditions are getting easier to change, especially if they are unrequired today.

 

But, to be successfully, you have to argue that in some way the condition fails to meet at least one of the following 6 tests:

• Necessary
• Relevant to planning
• Relevant to the development permitted
• Enforceable
• Precise
• Reasonable in all other respects

Definitely one for a planning consultant. Search for S73 applications on the local planning portal, and try to find a consultant that has successfully achieved similar. It would be worth spending a few hours of time for someone to review the specifics of your planning condition and advise if you would likely be successful.

[Alan Ambrose]

Yeah, agree with @IanR if you're finding the thing hard to wrestle with - planning consultant and apply for removal of condition - it has maybe a 50/50 chance with your LPA. Appeal if that's not successful - probably a 75% chance. I did it all myself and got them reinstated on appeal. You need a fair amount of patience - it'll probably take a year or more - say 12 weeks for the council, 40-ish weeks for the appeal if needed.