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Posted

Hi

 

i am Looking to build a 4m rear single storey rear extension on a detached house. It is in a conservation area. Will be built using similar materials to house. 
 

I have checked the LPA website and there is no specific article 4 removing PD rights. I also have the added issues that there are TPOs in trees on the site (RPA areas etc). 
 

I have discussed with planning consultant. He says if I apply for planning, likely to get turned down because of proximity to TPO trees. 
also said if you do the extension under PD rights, don’t have to factor trees in. 
 

so there is the conundrum. He says If I apply to council for Full planning. Likely to turn down because of TPO trees or I just build it under PD rights.

 

any thoughts? 

 

 

Posted

I would never get involved with Planning if I didn't have to, as in my experience they're a bunch of morons that just cost you money. Short and sweet, and just my opinion.

Posted

Do you want more than you can get with PD? PD limits ridge height to 4m (from ground). We have a sloping site which 'lost' us c700 of that, so it would have ended up with a shallow-pitched roof which looked really stupid. Went with Planning and there was no issue except the wait. But we did not have the tree issue. If you can build what you want under PD why not do it. If you want to dot all i's and cross all t's you might go for a Certificate of Lawful Development as irrevocable (I think!) proof of PD.

Posted

If building under permitted development you'll still need to apply for tree works permission if protected trees may be affected

Posted

I'd always use my PD rights wherever possible - after all they are your "rights" to develop your own property without having to apply for specific planning permission from your local authority.

Posted (edited)
On 15/12/2025 at 07:48, Wadrian said:

any thoughts?

Yes I know I'm based in Scotland but similar rules apply UK wide re permitted development. 

 

One thing I often point out to Clients when you come to sell. The valuer etc might ask, what about this extension? You say.. it's under PD, they say prove it was ok at the time you did it. This can often cause delay in the sale or worse as you have to go back and demonstrate in full that you complied.  In Scotland we have a process called the certificate of lawfulness which is a legal document that says what you are doing is withing your PD rights. 

 

On 15/12/2025 at 07:48, Wadrian said:

I have discussed with planning consultant. He says if I apply for planning, likely to get turned down because of proximity to TPO trees. 
also said if you do the extension under PD rights, don’t have to factor trees in. 

 

Are you sure? 

 

https://www.elmbridge.gov.uk/planning/trees-and-hedges/building-near-tree

 

Their link says this:

 

Planning permission

You must get permission for any permitted development scheme that may affect protected trees, which includes their root systems.

If you want to build near a tree you will need to provide information in line with the British Standard – BS 5837:2012 ‘Trees in relation to design, demolition, and construction – Recommendations’ to support your application. Without this information, your application is likely to be invalidated or refused.

We encourage you to seek professional advice from arboricultural consultants who will provide the necessary information and reports in line with the British Standard and our requirements.

 

If you have confidence in your planning consultant then they should have no problem putting this in writing and signing. Mind you, folk don't live forever so if they pass and you come you come to sell then you'll maybe take a different view at that time. 

Edited by Gus Potter

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