Key Definitions for Extensions

What is Article 2(3) Designated Land?

This term identifies specific types of land that have special protections. If your property is located within one of these areas, you should be aware of stricter planning rules:

  • A conservation area.

  • An Area of Outstanding Natural Beauty (often called an AONB).

  • Any location specifically designated by the Secretary of State to preserve and improve the countryside's natural beauty and its pleasant qualities.

  • The Broads region.

  • A National Park.

  • A World Heritage Site.

Understanding an Article 4 Direction

Local councils, also known as local planning authorities, can issue what's called an Article 4 Direction. This special instruction means you might lose some or all of your usual permitted development rights – those rights that let you make changes without full planning permission. For instance, if your property is in a conservation area or next to a listed building, you might find an Article 4 Direction applies, requiring you to seek permission for changes that would normally be allowed.

What is a Balcony?

For planning purposes, a balcony is essentially a platform that extends outwards from an upper floor of a building. It typically includes a protective barrier like a rail, a balustrade (a row of small posts topped by a handrail), or a low protective wall (a parapet).

However, a 'Juliet' balcony is different. Since it doesn't have a platform you can step out onto, and therefore provides no external access, building one usually falls under your permitted development rights, meaning you generally won't need full planning permission for it.

Defining Your Property's Boundary

When we talk about your property's 'boundary,' sometimes also called the 'boundary of the curtilage,' we're referring to the outer edge of the enclosed area around your house. Imagine the physical divisions that separate your property from others – this could be a wall or a fence between your garden and a neighbour's, or even the side wall of an adjoining building.

It's crucial to understand that this isn't a strict legal definition. What precisely counts as your boundary can ultimately be decided by your Local Planning Authority (your local council's planning department), so they may have their own interpretation.

What is Considered the 'Original House'?

The 'original house,' or sometimes called the 'original dwellinghouse,' is essentially your home in its initial state. This refers to how the house looked when it was first constructed, or, if it was built before that time, how it appeared on 1 July 1948.

It's important to remember that this definition includes any extensions that previous owners might have added, not just the changes you've made since you bought the property.

Understanding Permitted Development Rights

Permitted development rights are valuable permissions that allow you, as a homeowner, to carry out certain improvements and extensions to your property without needing to submit a full planning application. However, it's vital to know that these rights only apply if you meet a specific set of limitations and conditions that are outlined in planning regulations.

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Disclaimer

This guidance is for general information only and is not legal advice. Planning requirements vary by council and property. You should check your local planning authority's specific requirements before submitting an application or starting work. This guidance applies to England and Wales. When in doubt, contact your local planning authority or seek professional planning advice.

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