Removal of Permitted Development Rights

kate6000

Hi
We are in the process of purchasing a property which has had the permitted rights removed

We were planning on getting sky when we move in but it suddenly occurred to me overnight that we may not be able to fix a satellite dish to the building

Will obviously liaise with our solicitor but wonders if anyone else had come across this, would we need planning permission?

Many thanks
Kate

Cash-Cows

It will depend why the PD rights were attached in the first place. If you are in a conservation area or national park forget it, but you can still ask the planners about adding a dish.

If only the property you are buying has PD removed and not your neighbours then it may be possible to remove the PD rights depending of course whether the planning authority were justified in attaching them in the first place. I suggest you do a bit of research and speak to the planners.

Davesnave

From your council's web site, assuming you went where you said you were going in July (I am not yet clairvoyant :-)

Domestic/Householder Development
The rights to alter and extend private houses without planning permission are different and tend to be more restrictive in Conservation Areas. These include the erection of satellite dishes, dormer windows, various cladding and there is more restriction in terms of size and position of extensions that can be built without having to apply for planning permission. In addition, in Leyburn and Middleham Conservation Areas, additional controls have been introduced through an Artilce 4 Direction, details of which can be viewed below. It is always best to ask before committing yourself.

http://www.richmondshire.gov.uk/planning/development-management/507-conservation-areas

eddddy

kate6000 wrote: »

Will obviously liaise with our solicitor....

If you ask your solicitor, the following chain of events is likely to happen:

- Your solicitor will write to the vendor's solicitor
- The vendor's solicitor will write to the vendor
- The vendor will ask the planners
- The vendor will write to the vendor's solicitor
- The vendor's solicitor will write to your solicitor
- Your solicitor will write to you

- (You will post on the forum again saying your solicitor is useless because they take 2+ weeks to answer a simple question about a satellite dish)

For a question like this, it's easier to just ask the planners yourself.

On a more general level, if there is something you want agreed contractually, then you should involve your solicitor.

antrobus

eddddy wrote: »

...For a question like this, it's easier to just ask the planners yourself....

That would appear to me to be the simplest process.

Homeowners normally have permitted development rights i.e. there are things they can do to their properties without having to obtain planning permission. Local councils have the ability to remove these rights from homeowners in certain circumstances, which means that homeowners now have to get planning permission to do those things.

And if you want to do something that needs planning permission the best place to start is to ask the people in charge of planning what are the chances of them saying yes.

davidmcn

Looking at what the neighbours have done will give you a reasonable idea.

The council may have published specific advice about their policy for dishes.

knightstyle

Friends put the dish in the garden on a fence post so it could not be seen from the road in a similar situation.

kate6000

Hi All,
Thanks for coming back with your thoughts and extra brownie points to Davesnave for the detective skills :-)

Spoke to solicitor who said call the planners and had a very nice conversation with a lady at the planning office

It seems the new house is in the conservation zone so would need planning permission for a sky dish which does explain why the area looks so nice and tidy

Planning costs are £170 and around 8 weeks so looks like we may just go with BT for ease

Thanks
Kate

planning_officer

kate6000 wrote: »

Hi All,
Thanks for coming back with your thoughts and extra brownie points to Davesnave for the detective skills :-)

Spoke to solicitor who said call the planners and had a very nice conversation with a lady at the planning office

It seems the new house is in the conservation zone so would need planning permission for a sky dish which does explain why the area looks so nice and tidy

Planning costs are £170 and around 8 weeks so looks like we may just go with BT for ease

Thanks
Kate

With all due respect to the planner you spoke to, it sounds like you've conversed with the office junior!

I deal with these issues all the time - permitted development rights for satellite dishes are the same across England - they're governed by Class H of the GPDO 2015. The ONLY restriction in conservation areas is (to quote):

(e) in the case of article 2(3) land, it would consist of the installation of an antenna—
(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;
(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or
(iii) on a building which exceeds 15 metres in height.

So if the dish does not conflict with any of these criteria, there is no extra restriction in a conservation area - although there are other general criteria about position, height etc, which apply to all dwellings regardless of location. The only exception to this is if the Council has issued an Article 4 Direction removing certain permitted development rights (or there is a condition on the original planning permission for your house removing permitted development rights). But, in either of these scenarios, you need to know which PD rights have been removed - it might not include Class H (relating to satellite dishes). Any condition or Article 4 Direction must remove Class H rights (often they don't - they just remove PD rights for extensions, which are Class A).

A planning application is £172 - but, if you require a planning application only due to an Article 4 Direction, or a condition removing PD rights, then an application is free (that's a national provision).

Sorry if this is a bit confusing - let me know if I can help further!