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Pickles told MPs during a debate on the Bill that he could not support the amendment, which he called a “sledgehammer of primary legislation to change the details of planning regulations”.

“The amendment would introduce a wholly new principle allowing local planning authorities to view national householder permitted development rights as completely optional, which would constitute a significant extension of state power over private property rights,” Pickles said.

He said that the amendment was unnecessary because a “mechanism for responding to exceptional concerns in particular areas already exists”.

However, Pickles did agree to introduce a “revised approach” to the “contentious question” of permitted development rights for home extensions when the Bill returns to the Lords.

“If we cannot persuade the other House, the issue will return to the Commons next week so that hon. Members can debate and vote further. Given the discussions I have had with colleagues who have concerns, I believe that the problem is eminently bridgeable. I would like the opportunity to build that bridge,” Pickles said.

The Government’s plans to extend permitted development rights were first announced last September as part of its major housing and planning reform package. The plans were subsequently set out in a consultation paper launched in November last year.

The House of Lords inserted an opt-out clause into the Growth and Infrastructure Bill during its third reading of the Bill last month which would allow a local authority to opt out of the new rights if it thinks they would be inappropriate for its area.

Source: Out-Law.com

Transcript of the debate

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The new Permitted Development rights allow the home-owner to build a rear single storey extension to a depth of 6m (currently 3m) in a terraced or semi-detached house, or 8m with a detached house (currently 4m) across the entire rear of the original property (within certain constraints – 3m max at the eaves and 4m max at the ridge *). The term ‘original’ is, for most properties, defined as the footprint of the house in 1948, or if afterwards when it was first built.

The Lords amendment, essentially, was to allow local authorities to ‘opt out’ of the new proposals, and given their controversy it would be likely that many Councils would do this. The amendment could have effectively dealt a death-blow to the changes for house-holders.

Originally the Bill was to come into effect on 1st April 2013. The game is not over yet as the Bill has to survive Ping Pong in the Lords on 22 April 2013. As Permitted Development rights now provide precedent for development, the approval of the Bill could have hugely positive implications for home owners wanting to build extensions deeper than the currently allowed 3m/4m depth. Fingers crossed…

For further reading see the blog in the Spectator

* doesn’t apply in the case of listed buildings, and is restricted in Conservation Areas

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Excellent interviews with our colleague and project management guru Charlie Laing (charlielaing.com). Using photovoltaics, ground source/air source heat pumps and Warmcell recycled newspaper insulation to provide excellent Green credentials, and low running costs.

Homes CAN be heated with minimum input. People CAN build their own homes and passive housing is not far out of regular budgets. Now to persuade the volume house builders…

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This project is now through the planning and building regulations processes and is currently on site.

Our clients in Eynsham, Oxfordshire, wanted to bring more light into their dining room, linking to a new kitchen which would look out on their garden. At first floor the bathroom/dressing room needed refurbishing and additional headroom, as it felt enclosed. There were interesting existing timber ‘cloisters’ which we took as a generator for the the window sizes and proportions in order to create a combination of the traditional and the contemporary which tied into the existing building but gave the property a more ‘open’ feel.

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Having achieved planning permission and building regulations approvals, including tree protection in the Conservation Area, the roof is on and all four storeys are up at this extension and basement conversion in central North Oxford.

The project is to form kitchen/garden room extensions, extended basement, shower rooms and new bathroom. The contractors were brought in by the clients and are doing a wonderful job. Its our first time working with them and we’ll certainly be recommending them! This was a complex build involving deep multiple underpinning operations of Victorian properties. The builders did a great job matching the existing bricks, and the extensions look like they should always have been there.

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