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Amendments to Permitted Development Rights - May 2013

Changes to permitted development rights for household extensions and various changes of use have come into effect on 30 May 2013 and in addition on 6 April 2014.  Below is a brief summary of the key changes together with links to application forms which can be used where information needs to be submitted to the council before development can commence.

The summaries are intended to give an overview of the amendments only and in all instances it is recommended that the notes are reviewed in full.  If there is any doubt regarding the information held in the notes then details of the relevant statutory instrument can be found here.

The council operates a pre-application service details of the service can be found here.


Residential Permitted Development

For a period of three years, between 30 May 2013 and 30 May 2016, householders will be able to build larger single-storey rear extensions under permitted development (subject to other requirements as set out in the Notes).  The size limits will double from up to four metres to up to eight metres for detached houses, and from up to three metres to up to six metres for all other houses. 

These new permitted development rights do not apply to properties on Article 1(5) land which includes Conservation Areas and the Wychavon District Area of Outstanding Natural Beauty (AONB) as well as Sites of Special Scientific Interest (SSSI). 

These new larger extensions (i.e. if they extend between four and eight metres, or between three and six metres) must go through the following process if they are to be considered under permitted development rights (an application for planning permission can still be made at any time).

Click here for Residential Permitted Development Notes

Click here for Residential Permitted Development Form

Conversion of Offices to Residential

For a period of three years, between 30 May 2013 and 30 May 2016, it will be permitted development to change the use of an office to a dwelling(s) (subject to other requirements as set out in the Notes).  Development is not permitted where:

  • the building was not used for a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order immediately before 30 May 2013 or, if the building was not in use immediately before that date, when it was last in use;
  • the use of the building falling within Class C3 (dwelling houses) of the Schedule to the Use Classes Order was begun after 30 May 2016;
  • the site is or forms part of a safety hazard area;
  • the site is or forms part of a military explosives storage area;
  • the building is a listed building or a scheduled monument.
  • Fee £172.00

Click here for Conversion of Offices to Residential Notes

Click here for Conversion of Offices to Residential Form


Change of use of Agricultural Buildings to Shops, Financial and Professional Services, Restaurants and Cafes, Business, Storage or Distribution, Hotels, or Assembly of Leisure

From 30 May 2013 it will be permitted development (subject to other requirements as set out in the Notes) to change the use of various agricultural buildings to the above flexible uses set out above.  Development is not permitted if:

a.    the building has not been solely in agricultural use:
        (i)    since 3 July 2012; or
        (ii)    buildings first brought into use after 3 July 2012, for ten years;

b.    the cumulative floor space of buildings which have changed use under Class M within an original agricultural unit exceeds 500 square metres;

d.    If more than 150sq metres (but less than 500 sq square metres) of building involved there is a requirement for prior approval as previously explained.

e.    the site is or forms part of a military explosives storage area;

f.    the site is or forms part of a safety hazard area;

g.    the building is a listed building or a scheduled monument.

Fee £80.00 (this fee comes into force from 01/10/13)


Click here for Change of use of Agricultural Buildings to Shops, Financial and Professional Services, Restaurants and Cafes, Business, Storage or Distribution, Hotels, or Assembly of Leisure Notes

Click here for Change of use of Agricultural Buildings to Shops, Financial and Professional Services, Restaurants and Cafes, Business, Storage or Distribution, Hotels, or Assembly of Leisure Form


Flexible Uses

From 30 May 2013 it will be permitted development to temporarily change the use for up to two years of the following various uses:

FROM:    Classes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), A4 (drinking establishments, Class A5 (hot food takeaways), B1 (business), D1 (non-residential institutions) and D2 (assembly and leisure)

TO:        Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes) or Class B1 (business)

Development will be permitted (subject to other requirements as set out in the Notes) as set out above provided that:

a.    the change of use relates to no more than 150 square metres of floor space in the building;

b.    the site has at no time in the past relied upon the temporary use permitted under Class D;

c.    the site is not and does not form part of a military explosives storage area;

d.    the site is not and does not form part of a safety hazard area;

e.    the building is not a listed building or a scheduled monument.

f.     Fee £80.00 (this fee comes into force from 01/10/13)

Prior to undertaking the change of use the developer is to notify the council on the date that new use will begin, and what that use will be.  If this does not occur the change of use will not be lawful.  It is not possible to retrospectively do this and a full application for planning permission will be necessary.

Click here for Flexible Uses Notes

Click here for Flexible Uses Form


Changes of Use of Buildings and Land to State Funded Schools

From 30 May 2013 it will be permitted development (subject to other requirements as set out in the Notes) to change the use of various buildings to a state funded school as described below:

FROM:    A use falling within Classes B1 (Business), C1 (Hotels), C2 (Residential Institutions), C2A (Secure Residential Institutions) or D2 (Assembly and Leisure)

TO:        Use as a State-Funded School

Development will not be permitted if:

a.    the site is or forms part of a military explosives storage area;

b.    the site is or forms part of a safety hazard area;

c.    the building is a listed building or a scheduled monument.

Prior to undertaking the change of use the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to:

a.    transport and highways impacts of the development;

b.    contamination risks on the site;

c.    noise impacts of the development; and

If this does not occur the change of use will not be lawful.  It is not possible to retrospectively do this and a full application for planning permission will be necessary.

d.    Fee £80.00 (this fee comes into force from 01/10/13)


Click here for Change of Use of Buildings and Land to State Funded Schools Notes

Click here for Change of Use of Buildings and Land to State Funded Schools Form

Historic Parks and Gardens

Due to significant resourcing issues the built heritage team will be unable to respond to anything non-urgent outside of the application process. Please bear with us, as responses to applications may also be delayed in the coming months.

Historic Parks and Gardens has been established as a designation since 1983, nationally listed by Historic England through the government and locally registered by Local Planning Authorities. The sites included cover anything from planned open spaces, such as town squares, to gardens and grounds.

Wychavon has 8 nationally registered parks and gardens:

  • Hanbury Hall
  • Hartlebury Castle
  • Overbury Court
  • Pirton Park
  • Rous Lench Court
  • Croome Court
  • Spetchley Park
  • Westwood Park

There are also 80 locally registered parks and gardens.

A register has been compiled of the nationally registered sites by Historic England which can be searched. Search the register

Locally registered gardens can be received on request from the Heritage Team at the Council via This email address is being protected from spambots. You need JavaScript enabled to view it.

The team do get consulted on applications which have the potential to impact upon this designated asset. We have prepared a supplementary planning document on the subject for further guidance

Read historic parks and gardens supplementary planning document

For further information please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

Useful links:

Conservation Areas

Due to significant resourcing issues the built heritage team will be unable to respond to anything non-urgent outside of the application process. Please bear with us, as responses to applications may also be delayed in the coming months.

Conservation areas are a heritage designation under the Planning (Listed Buildings and Conservation Areas) Act 1990 to manage the special historic or architectural character of a place. Wychavon has 64 conservation areas; to check if you are in a conservation area, please visit My Local Area website.

The Council have a programme of reviewing the conservation areas, this entails the creation or renewal of appraisals, the continued relevancy of existing boundaries and the requirement for additional controls.

Please see the table for the list of conservation areas, their appraisals and maps. If there is no appraisal connected to a conservation area, the Council, unfortunately, will have been unable to prepare one at this stage.

spreadsheet View table of conservation appraisals (19 KB) .

Appraisals are a means of:

  • Identifying and re-assessing the special qualities of the conservation area
  • Ensuring the effectiveness of the boundaries and assess whether they should be altered
  • Engaging and consulting with the local community and businesses during the process
  • Preparing a strategy for its future management

Wychavon District Council has Article 4(2) Directions within conservation areas. These directions remove specific permitted development rights which restrict works that could harm the character of a conservation area by requiring the submission of a planning application.

To confirm if you have Article 4(2) Directions on your property and what they are please read:

Listed Buildings

Due to significant resourcing issues the built heritage team will be unable to respond to anything non-urgent outside of the application process. Please bear with us, as responses to applications may also be delayed in the coming months.

A listed building is a structure of special architectural or historic interest (also referred to as significance) with both the interior and exterior protected.

They have been identified as worthy of this protection by the Secretary of State for Digital, Culture, Media and Sport with the advice of Historic England who maintain the national list.

Search for a listed building on the Historic England website

There are three grades for listing: Grade I (the highest) Grade II* and Grade II.

It is important to note that list descriptions provided by Historic England are for identification only and do not constitute listed features of a structure. The building and anything attached to it is considered to be listed.

Legislation for listed buildings can be found via the Planning (Listed Buildings and Conservation Areas) Act 1990

Curtilage

Some buildings are protected as curtilage buildings. These will not show up on the national list or on My Local Area website searches as they are protected by the listing of the listed building. Whether a building is curtilage listed or not is determined by the Local Planning Authority and can be confirmed upon enquiry.

For further information please contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

Advice

We offer advice for both Wychavon District Council and Malvern Hills District Council.

As part of our services we offer pre-application advice for anyone looking to carry out works to a listed building. This process is FREE for listed buildings. We strongly advise people get in touch and apply for pre-application advice BEFORE carrying out any work.

Submit a pre-application form

In the development type dropdown list please choose ‘Works to a listed building’.

Read guidance on pre-application advice

The Heritage Team can offer more general advice on listed buildings.

Please read our Listed Buildings – A Guide for Owners and Occupiers

History of windows and glass document

Please contact us if you would like to discuss repairs and maintenance of historic structures, however, we do recommend seeking the advice of a professional contractor where necessary, such as a conservation accredited structural engineer, surveyor or architect.

Listed Building Consent

Advice on whether works require consent can be received either by general enquiry or, more directly, via Pre-application Advice.

Submit Listed Building Consent Application

Listed Building Consent applications are FREE

Applicants will need to provide a Heritage Impact Assessment and Design and Access Statement. These usually require the involvement of a registered architect or charted building surveyor and will have costs attached.

These statements can be used for any parallel planning applications.

They should address the following:

  • Design principles and concepts
  • Scale, layout, and appearance of proposals
  • How the design has considered the significance of the building
  • What that significance is
  • How the significance is visible in the building
  • The significance of the building’s setting
  • An explanation of why the work is necessary and what alternatives were considered

Additional guidance can be found on the Historic England Guidance on Statements of Heritage Significance webpage

For further information please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

Please be aware the work you are proposing may also require a Planning Application. For guidance on and the submission of a Planning Application please visit Planning advice and guidance webpage and Making a Planning Application webpage.

Guidance on submitting applications:

FAQs

Should I discuss my proposal with a Conservation Officer before submitting a Listed Building Consent Application?

  • We advise that contact is made with the Heritage team prior to any work being carried out and applications for Listed Building Consent being submitted.
  • This can be achieved most effectively via a Pre-application, however, you can also contact us via telephone Planning Support 01386 565565 and via email at This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Any advice is given without prejudice to the determination of any subsequent application.

What does listed building mean?

What happens if I carry out work without consent?

  • Any works carried out without consent to a listed building or curtilage listed building is deemed a criminal offence where it detrimentally affects the character and significance of that building.
  • The criminal offence entails the potential for a fine or imprisonment.
  • Legal action can be taken against any person responsible for and carrying out unauthorised works. Therefore, the owner, professional agent and contractors can all be liable.
  • Enforcement action can be taken by the Council to ensure works are carried out to restore the building to its state prior to the carrying out of unauthorised works or to alleviate the impact of said works.

Are there other resources available?

Additional support and guidance can be found at the following sources:

Amendments to Permitted Development Rights - May 2013

Changes to permitted development rights for household extensions and various changes of use have come into effect on 30 May 2013 and in addition on 6 April 2014.  Below is a brief summary of the key changes together with links to application forms which can be used where information needs to be submitted to the council before development can commence.

The summaries are intended to give an overview of the amendments only and in all instances it is recommended that the notes are reviewed in full.  If there is any doubt regarding the information held in the notes then details of the relevant statutory instrument can be found here.

The council operates a pre-application service details of the service can be found here.


Residential Permitted Development

For a period of three years, between 30 May 2013 and 30 May 2016, householders will be able to build larger single-storey rear extensions under permitted development (subject to other requirements as set out in the Notes).  The size limits will double from up to four metres to up to eight metres for detached houses, and from up to three metres to up to six metres for all other houses. 

These new permitted development rights do not apply to properties on Article 1(5) land which includes Conservation Areas and the Wychavon District Area of Outstanding Natural Beauty (AONB) as well as Sites of Special Scientific Interest (SSSI). 

These new larger extensions (i.e. if they extend between four and eight metres, or between three and six metres) must go through the following process if they are to be considered under permitted development rights (an application for planning permission can still be made at any time).

Click here for Residential Permitted Development Notes

Click here for Residential Permitted Development Form

Conversion of Offices to Residential

For a period of three years, between 30 May 2013 and 30 May 2016, it will be permitted development to change the use of an office to a dwelling(s) (subject to other requirements as set out in the Notes).  Development is not permitted where:

  • the building was not used for a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order immediately before 30 May 2013 or, if the building was not in use immediately before that date, when it was last in use;
  • the use of the building falling within Class C3 (dwelling houses) of the Schedule to the Use Classes Order was begun after 30 May 2016;
  • the site is or forms part of a safety hazard area;
  • the site is or forms part of a military explosives storage area;
  • the building is a listed building or a scheduled monument.
  • Fee £172.00

Click here for Conversion of Offices to Residential Notes

Click here for Conversion of Offices to Residential Form


Change of use of Agricultural Buildings to Shops, Financial and Professional Services, Restaurants and Cafes, Business, Storage or Distribution, Hotels, or Assembly of Leisure

From 30 May 2013 it will be permitted development (subject to other requirements as set out in the Notes) to change the use of various agricultural buildings to the above flexible uses set out above.  Development is not permitted if:

a.    the building has not been solely in agricultural use:
        (i)    since 3 July 2012; or
        (ii)    buildings first brought into use after 3 July 2012, for ten years;

b.    the cumulative floor space of buildings which have changed use under Class M within an original agricultural unit exceeds 500 square metres;

d.    If more than 150sq metres (but less than 500 sq square metres) of building involved there is a requirement for prior approval as previously explained.

e.    the site is or forms part of a military explosives storage area;

f.    the site is or forms part of a safety hazard area;

g.    the building is a listed building or a scheduled monument.

Fee £80.00 (this fee comes into force from 01/10/13)


Click here for Change of use of Agricultural Buildings to Shops, Financial and Professional Services, Restaurants and Cafes, Business, Storage or Distribution, Hotels, or Assembly of Leisure Notes

Click here for Change of use of Agricultural Buildings to Shops, Financial and Professional Services, Restaurants and Cafes, Business, Storage or Distribution, Hotels, or Assembly of Leisure Form


Flexible Uses

From 30 May 2013 it will be permitted development to temporarily change the use for up to two years of the following various uses:

FROM:    Classes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), A4 (drinking establishments, Class A5 (hot food takeaways), B1 (business), D1 (non-residential institutions) and D2 (assembly and leisure)

TO:        Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes) or Class B1 (business)

Development will be permitted (subject to other requirements as set out in the Notes) as set out above provided that:

a.    the change of use relates to no more than 150 square metres of floor space in the building;

b.    the site has at no time in the past relied upon the temporary use permitted under Class D;

c.    the site is not and does not form part of a military explosives storage area;

d.    the site is not and does not form part of a safety hazard area;

e.    the building is not a listed building or a scheduled monument.

f.     Fee £80.00 (this fee comes into force from 01/10/13)

Prior to undertaking the change of use the developer is to notify the council on the date that new use will begin, and what that use will be.  If this does not occur the change of use will not be lawful.  It is not possible to retrospectively do this and a full application for planning permission will be necessary.

Click here for Flexible Uses Notes

Click here for Flexible Uses Form


Changes of Use of Buildings and Land to State Funded Schools

From 30 May 2013 it will be permitted development (subject to other requirements as set out in the Notes) to change the use of various buildings to a state funded school as described below:

FROM:    A use falling within Classes B1 (Business), C1 (Hotels), C2 (Residential Institutions), C2A (Secure Residential Institutions) or D2 (Assembly and Leisure)

TO:        Use as a State-Funded School

Development will not be permitted if:

a.    the site is or forms part of a military explosives storage area;

b.    the site is or forms part of a safety hazard area;

c.    the building is a listed building or a scheduled monument.

Prior to undertaking the change of use the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to:

a.    transport and highways impacts of the development;

b.    contamination risks on the site;

c.    noise impacts of the development; and

If this does not occur the change of use will not be lawful.  It is not possible to retrospectively do this and a full application for planning permission will be necessary.

d.    Fee £80.00 (this fee comes into force from 01/10/13)


Click here for Change of Use of Buildings and Land to State Funded Schools Notes

Click here for Change of Use of Buildings and Land to State Funded Schools Form

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