Permitted development rights (PDRs) are rights to make certain changes to a structure without the requirement to seek planning permission. The prior approval has to be obtained from the Local Planning Authority (LPA) in certain areas of the development proposed before PDRs can be granted.
Do I require a risk assessment of floods when I apply for prior approval?
If the project you are working on falls under one of these categories and your land is located in flood zone 2 or 3, it’s a lawful requirement you provide a specific site assessment for flood risk to your local authority. Other reports could be requested by the local authority, such as a contaminated land report and/or mitigation documents, for example the decontamination plan. If the proposed development is located in flood zone 1 it is highly unlikely that flooding will occur unless there is a significant drainage issues or the possibility of groundwater or surface water flooding.
Mixed Use Class M
Office to Residential – Class O
Distribution of storage to residential – Class P
Class Q Agricultural Buildings, from Housings
Commercial Buildings for Agricultural Use Class R
Agriculture Buildings for Schools or Nurseries for Class S
Class T: Land/buildings for schools and nurseries
Planning Policy Guidance (PPG) also states that to assist LPAs in determining whether prior approval is required for areas that are susceptible to flooding, the applicant should provide:
“An assessment of the risk of flooding. This should demonstrate how flood risk to the development are managed to ensure that it is safe for the duration of its lifespan.
What kinds of changes aren’t considered to be assessment of the flood risk
There is no obligation for a flood risk assessment to be carried out for the following categories:
Expansion, modification or change- Class A
Additions to the roof- Class B
Other modifications to the roof Class C
Porches-Class D
Outbuildings – Classe E
As part of getting the Lawful Certificate of Development, the LPA could want to verify that the changes, specifically to the footprint of the building, do not increase the chance of flooding neighbouring properties through the use of permeable construction materials.
What planning permission do I need for a driveway improvement?
Permeable (or porous) driveways of all sizes that allow water to flow through them, such as gravel, concrete block paving, porous asphalt or permeable asphalt, do not need approval for planning.
If the surface that is to be covered covers greater than five square meters, planning permission will be required for the construction of traditionalimpermeable driveways which do not provide for the water to flow to an impermeable area. A sustainable drainage report is required in order to prevent flooding to third parties.
Note this only applies to houses and not flats, maisonettes or houses that have been converted by granting development rights.
Only front gardens can be eligible for permitted development rights. You might require planning permission to build gates, fences or walls or drop kerbs.
What should I do if my development is located in a flood-prone area?
If the development you are planning to build is situated in a flood-risk area it is required to provide a map that depicts the floor plans and flood levels.
Government’s Standing Advice states that floor levels must be either no lower than floor levels currently in use or 300mm higher than the estimated flood level.
You may need to take extra measures to ensure that your structures are resilient and flood resistant. These need to follow the recommendations for improving the flood performance of new buildings.
Your plans need to clearly define how you’ll ensure the development is not flooded by surface water. This could mean installing flood barriers, or even diverting surface water away.
It is necessary to make an assessment of the risk of flooding if your minor extension is situated in an area with a greater risk of flooding due to multiple minor extensions. If this is the case for you then your LPA will inform you.
Can development that is allowed to continue be stopped?
LPAs may suspend the development rights in their territory in certain situations. This is according to Article 4 of the 2015 Order. Notification must be given to the Secretary of State. He has broad powers to modify or cancel most articles 4.
If you are considering the potential effects of permitted development on the local flood risk A LPA “may look into” creating an article 4 directive to “protect local amenity or the well-being of the area.”
Clearer Pictures
We are aware of how river, surface and groundwater flooding could impact development and property sites. Our expert flood risk consultants can provide guidance on the flood zones and restrictions, as well as potential threats to the development plan of your client.