Out-Law News 1 min. read

Permitted development rights for home extensions to be revised


Communities Secretary Eric Pickles has told the House of Commons that proposals to allow home extensions of up to eight metres without the need for planning permission will be revised.

MPs subsequently voted against a House of Lords amendment to the Growth and Infrastructure Bill which would allow local authorities to opt out of the proposed rights. Pickles won the vote by 286 to 259.

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.

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