This guidance focuses on the permitted development rights for dwelling houses but provides general advice for other types of development and land 

If work is being planned on property or land, it is the developer’s (landowner/applicant) responsibility to ensure that any necessary permissions, consents and permits are in place, if required, before works commence. 

The following link sets out when planning permission is required and the different types of planning permission which may be granted when-is-permission-required.  

However, as a general guide, you need planning permission to: 

• build something new make a major change to your building or land, such as building an extension or changes to land levels 

• change the use of your building 

Whether you need to apply for planning permission will depend on a number of factors. These include: 

• what you want to do 

• where you want to do it 

• the constraints on, and around, the site or property 

• the planning history at the site or property 

Works that do not meet permitted development criteria will need planning permission. 

There are certain types of development, changes of use, and minor works, that can be carried out without the need to apply for planning permission. These types of work or development are a national grant of planning permission known as 'Permitted Development'. 

The types of development permitted under the national grant of planning permission are set out in The Town and Country Planning (General Permitted Development) (England) Order 2015. 

Further information on what works are considered permitted development can be found via the following links: 

• Permitted development rights for householders: technical guidance  

• Do you need permission?    

• When is permission required?  

Works that do not meet permitted development criteria will need planning permission.

Due to the complexities in determining whether a proposal falls under permitted development rights, formal confirmation can only be provided in the form of a Lawful Development Certificate. If granted, a Lawful Development Certificate means that any proposed use or development completed in accordance with it must be presumed as lawful, unless there is a material change before the use or development has begun e.g. there is a statutory amendment to permitted development rights.  

The links on this page will assist you in assessing whether your proposed project is permitted development. 

If you conclude that your proposed project meets the requirements of permitted development, we strongly recommend that you apply for a Lawful Development Certificate for building works or any form of construction (including changes of land levels) proposed to be carried out in, on, over or under land or for a proposed use of buildings or other land before starting any works (or changing the use).  

If you chose to carry out development under your property’s permitted development rights, this is the only way to achieve legal certainty which will prove for future buyers that your project was legal at the point of construction or the start of a different use.   

Details on Lawful Development Certificates and how to submit an application can be found here:   

Details on Lawful Development certificates can be found here: 

What is a lawful development certificate  

Lawful Development Certificate - Consent types - Planning Portal 

Make an application for a lawful development certificate  

Works that do not meet permitted development criteria will need planning permission.

The following information only applies to dwelling houses.  

If your property is a flat/apartment/maisonette you will not benefit from permitted development rights. Any external alterations to a flat/apartment are likely to need planning permission 

Permitted development rights allow householders to improve and extend their homes without the need to apply for planning permission subject to limitations, conditions and in some cases, a simple form of application called a “prior approval”. 

Some common projects on residential properties that may not need planning permission include: 

Extensions  Conservatories  Porches  Garage conversions  Outbuildings

Loft conversions  Fences, gateways and garden walls  Doors and windows  Patio and driveways  Decking

Guidance on the requirements for these project types can be found here:  

Interactive house - information on common residential development pojects  

Permitted development rights for householders-technical guidance with illustrations  

It is important to note: 

1. that a local planning authority is allowed to remove permitted development rights in some or all, of its area. Where permitted development rights have been removed in either of the ways set out below, a planning application is likely to be needed for the development. Therefore, if you intend to carry out works under permitted development rights you are strongly advised to check whether they apply to your property before commencing works. 

• a planning condition attached to the original or subsequent planning permission on the property. For example this can be the case for houses that have been built in the last, or for houses that have been converted (such as from flats to a house, or from a commercial property into a house) in the last 30-40 years 

• an Article 4 direction (removes or restricts one or more permitted development rights from a site or area, meaning planning permission is required). 

2. your property will have additional limitations on works that can be carried out under permitted development rights if it is: 

• a listed building Listed Building Consent | Historic England 

• located within a conservation area (guidance can be found here: Living in a Conservation Area | Historic England  

• in the South Downs National Park: Do I live in the National Park? - South Downs National Park Authority 

The limitations are included in the details set out in The Town and Country Planning (General Permitted Development) (England) Order 2015. National parks are designated in this legislation as article 2(3) and 2(4) land). 

Works that do not meet permitted development criteria will need planning permission.

To establish whether your property benefits from permitted development rights you will need to check the planning history, establish whether it is a listed building, and identify whether it is located in a conservation area or the South Downs National Park. 

Our planning website sets out the planning history for sites from 1970.  You can search the site here: Planning Applications - Winchester City Council - Winchester City Council.  Details for planning permissions before this date require a specific request for a planning history check which will confirm whether permitted development rights apply. This is a chargeable service. You can find details on this service via the following link which will require you to either log in to the “Your Winchester” site or enter as a guest (Your Winchester) 

The following links enable you to check if your property is:  

• a listed building  Search the List – Find listed buildings, monuments, battlefields and more | Historic England     

• in a conservation area  Conservation Areas - Winchester City Council  

• In the South Downs National Park Do I live in the National Park? - South Downs National Park Authority 

Works that do not meet permitted development criteria will need planning permission.

If you need more information or remain unsure whether your proposal requires planning permission, you can: 

• apply for pre-application advice. Details of this chargeable service can be found here Pre-Applications advice and enquiries - Winchester City Council - Winchester City Council. This service encourages early proactive engagement with us to share and develop your ideas. We will highlight potential issues and aim to give more certainty by indicating likely outcomes where possible. We can also advise but with no legal certainty whether your proposal falls under permitted development rights. 

Apply for a planning history search which will confirm whether permitted development rights apply. This is a chargeable service. You can find details of this service via the following link which will require you to either log in to the “Your Winchester” site or enter as a guest Your Winchester 

Even if a planning application is not needed, other consents may be required under other regimes. The following list is not exhaustive but illustrates some of the other permissions or consents that may need to be obtained before carrying out development: 

• Listed buildings – internal or external alterations need consent. Guidance can be found here: Listed Buildings - Winchester City Council and National guidance on listed building consent 

• Conservation area - If your property is in a conservation area, additional planning controls apply  General Alterations - Winchester City Council 

• Signage - If you wish to erect a sign or advert, you may need advertisement consent Outdoor advertisements and signs: a guide for advertisers - GOV.UK and  Advertisements - GOV.UK   

• Trees -  if you are planning any works to, close to, or the removal of protected trees or works to trees in a conservation area that are not protected by a Tree Preservation Order you will need consent  Works to Trees - Consent types - Planning Portal; and works to protected trees - Gov.UK 

• Building Regulations  - The Building Regulations 2010 cover the construction and extension of buildings. Further guidance can be found here:  Building Regulations - Winchester City Council and Building regulations approval: When you need approval - GOV.UK 

• Environmental permits/licences 

• Hazardous substances consent