Permitted development rights (PDRs) are the right to make certain changes to a building without the necessity of requesting planning permission. The prior approval has to be obtained from the Local Planning Authority (LPA) in certain areas of the proposed development before PDRs may be used.
Is the flood risk assessment needed for applications for prior approval?
If your project falls under one of these categories and your property is located in flood zones 2 or 3, it is a legal requirement you provide a specific site assessment for the risk of flooding to the local authority. Other reports could be requested by the local authority such as an assessment of contaminated land and/or mitigation documents, such as an approach to decontamination. If the project proposed is located within flood zone 1 it is highly unlikely that there will be flooding except for severe drainage issues or the likelihood of surface or groundwater flooding.
Mixed Use – Class M
Class O – Office to Residence
Storage and Distribution to the Residential Class P
Class Q Agricultural Buildings, from Housings
Agricultural Buildings to Commercial – Class R
Agricultural Buildings to schools or nurseries – Class S
Buildings and land to nurseries, schools, and other nurseries – class T
Planning Policy Guidance (PPG) further states that it will assist LPAs in determining if an approval prior to the application is required for areas that are at risk of flooding, the applicant must submit:
“An assessment of the risk of flooding. This should demonstrate how flood risk to the building are dealt with to ensure that it is safe for the duration of its lifespan.
What kind of changes are not required to be part of an assessment of flood risk?
In the following categories, there is no requirement for you to obtain a flood risk assessment
Enlargement, improvement or alteration Class A
Roof additions- Class B
Other roof modifications-Class C
Porches-Class D
Outbuildings – Class E
However, as part of obtaining the Lawful Certificate of Development, the LPA could want to verify that the modifications, especially to the dimensions of the home, do not increase the likelihood of flooding neighboring properties due to 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, for example gravel concrete block paving permeable asphalt or porous asphalt, don’t require planning permission.
Planning permits are required for traditional impermeable driveways with a surface area that is greater than five metres. These driveways will not permit water to flow into a permeable area. A sustainable drainage report is required to prevent flooding to third parties.
This only applies to homes that are not maisonettes or flats.
The rights to develop permitted only can be used for front gardens. you may need planning permission for fences walls, walls, gates, or a kerb that has been dropped.
What should I do if the development is located in a flood-prone zone?
If the development you are planning to build is located in a flood-risk area, you will need to submit a plan showing the floor plans as well as flood levels.
Government standing advice states that floor levels must be no less than existing floor levels or 300mm above the estimated flood level.
If they are not, you may also require additional flood-resistant and measures to reduce the risk of flooding. These need to follow the guidelines for improving the flood performance of new constructions.
Your plans should show how you’re going to make sure that the area isn’t flooded by surface water. One example could be to redirect surface water away from the property, or using flood barriers.
You’ll need to add an assessment of the flood risk if your minor extension is located in an area at greater risk of flooding due to multiple minor extensions. If this applies to you, your LPA will inform you.
Can development that is permitted be denied?
LPAs can suspend their development rights in their region in certain conditions. This is in accordance with Article 4 of the 2015 Order. The notification must be sent to the Secretary of State. He is empowered to cancel or modify most Article 4.
An LPA may consider making an article 4 directive to “protect local amenities and the health of residents” in the event of assessing flooding risks posed by permitted development.
Take a Clearer View
We are familiar with the ways that flooding from rivers, groundwater and surface waters can affect the development and property sites. Our expert flood risk consultants can provide guidance on the flood zones and restrictions and also potential threats to your client’s permitted development project.
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