Permitted Development Rights (PDRs) are the right to make changes to a building without the need to seek permission to plan. Before certain PDRs are applied, the builder must first obtain “prior approval” with respect to specific aspects of the proposed development from the Local Planning Authority (LPA).
Do I need to submit a flood risk assessment when applying for approval prior to the application?
If your project falls into one of these classifications 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 an approach to decontamination. If the project proposed is located in a flood zone 1, it is unlikely that there will be flooding unless there are severe drainage issues or the likelihood of surface water or groundwater flooding.
Mixed Use – Class M
Office to Residential Class O
Storage and distribution to residential-class P
Constructions for dwellings and agricultural buildings – Class Q
Agricultural Buildings to Commercial – Class R
Agriculture Buildings for Schools or Nurseries for Class S
Class T: Land/buildings for nurseries and schools
Planning Policy Guidance (PPG) It also states that LPAs are able to assist in determining if prior approval is required for an area at high risk of flooding. The applicant should:
“An assessment of the flood risk. This should demonstrate how the flood risk to the property will be handled to ensure it is safe throughout its entire life.”
What kind of changes are not considered to be assessment of flood risk?
There isn’t a requirement for assessments of flood risk to be completed for the following classifications:
Expansion, modification or change- Class A
Additional roofs- Class B
Other roof modifications-Class C
Porches- Class D
Outbuildings Classe E
As part of obtaining the Lawful Certificate of Development, the LPA may want to check that the alterations, particularly to the dimensions of the home, do not increase the risk of flooding adjacent properties by the use of permeable building materials.
What are the necessary planning permits for a driveway improvement?
Permeable (or porous) driveways of any dimension that permit water to flow through them, such as gravel, concrete block paving, permeable asphalt, or porous asphalt, do not require planning permission.
If the area that is to be covered covers larger than five square meters the planning permission is required to construct conventional, impermeable driveways that don’t allow for water to flow through a permeable area. The report must be sustainable to ensure that there is no flooding for third parties.
This applies only to houses, not flats or maisonettes.
The rights to develop permitted only can be used for front gardens. you might require permission to build fences, walls, gates or a dropped kerb.
What should I do if my approved development falls within a flood risk area?
If the proposed development is situated in a flood-risk area it is required to submit a plan that shows the floor plans as well as flood levels.
The government’s standing guidance states that floor levels must be no less than floor levels currently in use or 300mm higher than the estimated flood level.
If they are not, you may also have to think about additional flood protection and resilience measures. These measures should be in line with the guidelines for improving flood performance of new structures.
It is essential to include in your plans how you plan to ensure that the property is not submerged by water. This could include the use of flood barriers or diverting surface water away.
If your minor extension falls within an area that has a higher flood risk because of several minor extensions within the same area, you’ll have to make an assessment of the flood risk off-site. If this applies to you, your LPA will inform you.
Can permitted development be refused?
LPAs can suspend their right to develop in their region in certain conditions. This is in accordance with Article 4 of 2015 Order. The Secretary of State must be notified and is able to modify or cancel most instructions in Article 4.
If you are considering the potential effects of development that is permitted on the local flood risk A LPA “may consider” making an article 4 direction to “protect local amenities or the well-being of an area.”
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We know how river, surface and groundwater flooding could affect development and residential properties. Our flood risk consultants can provide you with information on flood zones, constraints, and potential weaknesses that could impact the development permit of your client.
