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Do I need planning permission?

Do I need planning permission?

This page outlines whether you need planning permission for projects and what you need to do next if you do.

Planning permission is not required for many minor works and alterations to property. This may be because the works are not development, or that they are allowed under permitted development rights.

What is ‘development’?

Generally, development includes:

  • building operations (such as alteration or extensions to buildings, the construction of buildings, and most demolition);
  • material changes of use of land and buildings; and
  • engineering operations (e.g. groundworks and creation of hard surfaces);

However, not all development requires a planning application to be made to the Council.

Permitted development rights

These rights exist through national legislation. They allow for various building and engineering operations, and uses of land and buildings, to take place without the need for permission from the Council.

Permitted development rights are usually subject to specific limits and restrictions, or can require an application for prior approval of certain matters to be made. Homeowners should first refer to the national technical guidance and the Planning Portal’s Interactive House.

Planning constraints, such as conservation areas or adopted highways, can also affect whether permitted development rights apply, or are more limited. You can view these constraints on our online mapping tool.

Permitted development rights for specific works or uses may have been withdrawn by a condition on a previous planning permission, or by an Article 4 Direction. In these cases, an application will be required. 

Common building works, uses or activities

The following guidance is provided as an informal indication of whether you are likely to require planning permission for your project, or whether permitted development rights apply. It is not exhaustive and will vary from property to property, and from one development to another.

For certainty, please see the guidance on lawful development certificates below.

Single-storey rear extensions up to 4 metres in height and up to 4 metres from the original rear wall for detached houses (3 metres for other types of houses) can be normally built under permitted development rights. The extension cannot be within 2 metres of the property boundary and eaves height cannot exceed 3 metres.

Single-storey side extensions up to 4 metres in height and no wider than half the width of the original house can also usually be built under permitted development rights. Again, the extension cannot be within 2 metres of the property boundary and eaves height cannot exceed 3 metres.

Two-storey rear extensions can normally extend up to 3 metres from the original rear wall, but must not be closer than 7 metres to the rear boundary. Single-storey side extensions can normally be up to half the width of the original house, but not where facing a highway or within 2 metres of the side boundary. The eaves height cannot exceed 3 metres.

Loft space can normally be extended by up to 50 cubic metres for detached and semi-detached houses, and 40 cubic metres for terraced houses. Rooflights can also be installed.

Porches to any external door are usually permitted if it does not exceed 3 square metres, are no higher than 3 metres, and are more than 2 metres from any highway boundary.

No extension should extend beyond the main (usually the front) elevation.

Materials

The materials used in any of the above works must be similar in appearance (colour, texture, style and size) to the existing house. This means that permission is required if it is intended to render the extension, or clad it with timber, if the house is constructed in brick.

Conservation areas and listed buildings

Permitted development rights are more restricted in conservation areas and on listed buildings. You are more likely to require planning permission, and may also require listed building consent.

Flats and apartments

Extensions to flats and apartments will require planning permission.

In most cases, where windows and doors are of similar dimensions, style and colour, planning permission is not normally required to change these. Equally, creating new, or removing, windows and doors does not normally require permission. There are greater restrictions for both types of work in the Olney and Wolverton conservation areas.

On listed buildings, consent is required. Changing materials or the windows and doors on flats or maisonettes usually requires planning permission.

Painting the walls of a home does not normally require planning permission, but the addition of materials not already present is likely to need permission. This means that permission is required if it is intended to render the property when it is constructed in brick.

In many cases, planning permission is not required to build an outbuilding in a garden, such as a shed, summerhouse or garage, as long as it is used for incidental purposes, such as storage, a home office or a gym. It cannot be used for living accommodation.

The height can be up to 2.5 metres within 2 metres of a boundary. If it is further away, it can be up to 4 metres for a dual-pitched roof, or 3 metres for other types of roofs. It cannot be sited in front of the home, take up more than 50 percent of the garden or have multiple floors.

They cannot be sited between a side elevation and a highway in a conservation area, or in the grounds of any listed building, without planning permission.

In each case, raised platforms up to 300mm are allowed without planning permission. On sloping land, this is measured from the edge of the building itself.

Existing outbuildings can be demolished without permission where they are less than 50 cubic metres, except where they are a statue, monument or within the curtilage of a listed building.

In many cases, it is possible to create or alter a driveway without making a planning application. This can also include creating or modifying vehicle accesses on unclassified roads.

Where exceeding 5 square metres, permeable materials like porous tarmac or permeable block paving must be used (including sub-base materials), or provision must be made for rainwater to drain to a garden border or soakaway. Drainage cannot be connected to sewers without permission, nor can it be directed onto the public highway.

Vehicle accesses

Where the access relates to an adopted highway, separate consent is required from the Highways Streetworks team.

In most cases, where not adjacent to a highway, fences, walls and gates up to 2 metres in height may be constructed. Where adjacent to a highway, the height is restricted to 1 metre. The highway includes any verge or footway. Existing fences, walls and gates can usually be replaced, like for like, without planning permission.

Schools can construct fences up to 2 metres in height adjacent to a highway. Permission is required to construct fences, walls and gates around a listed building.

Any fence, wall or gate cannot be constructed so to obstruct the view of vehicles exiting the property or anyone using the highway.

Existing fences, walls and gates can be demolished without permission unless within a conservation area and higher than 1 metre adjacent to a highway, or 2 metres in all other cases.

Some changes of use are allowed, such as converting an attached garage into a living space. Where a detached garage is converted into a living space, such as an annexe, any exterior works to facilitate this change would not be permitted.

Permission is not required for the use of gardens for incidental purposes, such as erecting a gazebo or placing a children’s climbing frame.

In most cases, permission is not required to work from home. However, if the nature of the work has certain effects on the locality, a material change of use may occur, and this may require planning permission. This is generally judged by the effect of traffic generated, number of employees or visitors to the dwelling, and if activities cause noise, smells or other disturbances. The test is whether the home remains primarily in use as a dwelling.

Permission is not required for members of a household to receive care from home, such as daily visits or from a live in carer.

Where it is intended to use the premises as a children’s care home, planning permission is often required.

A HMO is a property occupied by at least three people who are not from the same household but share facilities like a bathroom and kitchen.

Planning permission is required for HMOs across Milton Keynes as the Council has removed the permitted development right for this use. Larger HMOs, which have five or more tenants, also require a license from the Private Sector Housing team.

Planning permission may not be required under certain conditions. More information can be found on the Planning Portal. For example, changing from a shop to a café, restaurant, office, gym, medical practice or day nursery does not usually require planning permission.

Changing from commercial or community uses to provide for homes or industrial/storage premises is likely to require planning permission.

Certain temporary uses of land are allowed for events or markets for up to 28 days in a calendar year. Using land for agricultural, horticultural or forestry purposes does not require planning permission, although the construction of buildings or tracks to support these uses does.

Permitted development rights allow for modest extensions and alterations to most business or commercial premises, such as shops and offices. In the case of industrial and warehousing premises, this can include new buildings, as well as plant and machinery.

Solar photovoltaic panels on the roofs of homes and businesses are usually allowed under permitted development rights, subject to limitations on the area covered and their projection above the existing roof slope.

In conservation areas, there are greater restrictions, whilst consent is needed to install them on or in the grounds of a listed building.

Air source heat pumps (ASHPs) which comply with the MCS standards do not usually require planning permission to be installed on domestic premises.

No more than 1 ASHP may be installed on or in the garden of a terraced or semi-detached house, or on a flat, and no more than 2 ASHPs may be installed in the case of a detached house. There are further limits on the size of the compressor unit (and any housing to it), and when installing ASHPs on roofs.

There are further restrictions on the installation of ASHPs in a conservation area, and permission is required to install them on a listed building.

Ground and water source heat pumps do not require planning permission.

To support the change to use and ownership of low-emission vehicles, you can install, alter, or replace an electrical outlet on a wall for recharging electric vehicles in an area used for off-street parking.

The outlet and its casing must not exceed 0.2 cubic metres in size, must not face onto and be within 2 metres of a highway, or be within the grounds of a listed building.

You can install, alter, or replace an upstand with an electrical outlet for recharging electric vehicles in an area used for off-street parking. You can also install, alter, or replace associated equipment in non-domestic areas.

For upstands and outlets, they must not exceed 1.6 metres in height in residential areas, and 2.7 metres elsewhere. Only one upstand is allowed per parking space.

For associated equipment, it must be contained within equipment housing not exceeding 3 metres in height and 29 cubic metres in volume. Only one unit of equipment housing is allowed per non-domestic area, and it cannot be within 5 metres of a highway or 10 metres of a residential property, or within the grounds of a listed building

Consent is not normally required to display signage and adverts on business premises where the advert is modest in size and advertises the business at that premises.

Consent is not usually required to display temporary advertisements of a planned event or market, or to fly certain flags. However, no signage may be displayed so to endanger users or highways, railways or waterways.

Advertisement consent is normally required for illumination of signage or adverts, or for digital displays.

Listed building consent is required for any work that affects the character of the building, both internally and externally. This includes alterations, extensions and demolitions. The listing also covers objects attached to it and curtilage buildings and boundary walls.

Regular maintenance and minor repairs that do not alter the building’s fabric or character typically do not require consent.

Works to, or the removal of, trees do not generally require consent. However:

Utility companies are allowed to undertake works to any tree without prior consent, in order to maintain their services. The Council is also allowed to undertake works to any protected trees it is responsible for.

You can check if a tree is protected or in a conservation area here.

Hedgerows

Consent is not required to prune any hedgerow, unless it forms part of a Tree Preservation Order.

Hedgerows in or marking the boundary of a private garden can be removed without consent, unless bordering farmland, open space or a nature site. Consent is normally required to remove hedgerows in other cases.

In all cases, pruning or removal must not harm protected species, including nesting birds.

How can I be sure I don’t need planning permission?

The links in the above guidance provide an informal view as to whether permission is required from the Council. To be certain, you can apply for a Lawful Development Certificate.

Lawful Development Certificate (LDC) allows the Council to confirm that the proposed building or engineering operation, or use, is either not development or benefits from permitted development rights. The information required to support an LDC application should be as clear and detailed as possible, with it necessary for the Council to have confidence that the proposals would meet the specific limits and restrictions.

Planning advice

We offer pre-application advice for when planning permission is required, where you can obtain an opinion and guidance on the likely outcome of your application.

Read further information on making a planning application.

Planning enquiries contact information

Civic, 1 Saxon Gate East, Milton Keynes MK9 3EJ