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Permitted Development vs planning permission: what's the difference?

Writer: Set Square Drafting
Set Square Drafting
Jun 6
5 min read

Updated: Jul 16

Permitted Development and planning permission are not the same thing. One allows certain householder works to proceed without a full planning application, while the other requires formal approval from the local council. Understanding which route applies to your project before any drawings are prepared can save time, money and avoidable frustration.


What is Permitted Development?

Permitted Development (PD) is a set of pre-approved planning rights granted to homeowners by the UK Government. Works that fall within PD limits can go ahead without submitting a planning application to Newcastle City Council.

The rights are set nationally under the Town and Country Planning (General Permitted Development) (England) Order 2015. The council does not decide whether PD applies — the rules are fixed by central government. What the council can do is remove those rights in specific areas, which is where most complications arise.

PD is not blanket permission to build anything. Each type of work has its own set of conditions: size limits, height limits, materials requirements, and restrictions on position. All conditions must be met simultaneously — meeting four out of five is not sufficient.


What is planning permission?

Planning permission is a formal approval from the Local Planning Authority — in Newcastle, that is Newcastle City Council. You submit an application through the Planning Portal, pay a fee, and the council assesses the proposal against local and national planning policy.

For householder applications in Newcastle, the standard determination period is 8 weeks. The council considers factors including the scale of the proposed works, impact on neighbouring properties, materials, and the character of the area.

Planning permission is required when:

  • The proposed works exceed PD limits

  • PD rights have been removed by the council

  • The property is in a designated area where PD is restricted

  • The works fall into a category that never qualifies for PD (such as a new dwelling)


Permitted Development vs planning permission: the key differences


Permitted Development

Planning Permission

Application to council

No

Yes

Fee

None (unless LDC sought)

£548

Decision period

N/A

8 weeks

Drawings required

For building regs only

Full planning drawings set

Can be refused

No — it either qualifies or it doesn't

Yes

Appeal if refused

N/A

Yes

Newcastle conservation areas map showing where Permitted Development rights are restricted — including Gosforth, Jesmond, Heaton and Sandyford

Where PD rights are reduced or removed in Newcastle

This is where projects in Newcastle most commonly run into difficulty.

Conservation areas

Newcastle City Council has 12 designated conservation areas. They include parts of Gosforth, Jesmond, Heaton, Sandyford, Framlington Place, Ouseburn, and the City Centre among others. In conservation areas, certain works that would normally qualify for PD require a full planning application instead. Rear extensions and side extensions are among the most commonly affected.

Article 4 Directions

Separate from conservation area status, the council can apply Article 4 Directions to specific streets or areas. These remove named PD rights — most commonly in older residential areas with Victorian and Edwardian terraced housing. If an Article 4 Direction applies to your address, you will need planning permission for works that would otherwise be automatic.

Listed buildings

PD rights do not apply to listed buildings. Any external works — including those that would be PD for an unlisted property — require Listed Building Consent, and in most cases a full planning application.

Flats and maisonettes

PD rights for extensions and loft conversions apply to houses only, not flats or maisonettes. If the property is converted into flats or was purpose-built as a flat, no PD rights exist.


The Lawful Development Certificate

If your project qualifies for PD, you are not required to prove it. You can build, and the PD rights are your entitlement.

However, a Lawful Development Certificate (LDC) is worth considering for projects where PD status may later be questioned — particularly if you plan to sell the property. An LDC is a formal written confirmation from Newcastle City Council that the works were lawful. It does not grant permission; it confirms that permission was not required.

An LDC application requires planning-standard drawings and is usually charged at half the equivalent planning application fee. Fees can change, so the current Planning Portal fee should always be checked before submission.


Which route applies to common projects in Newcastle

Rear extension (single-storey) Usually PD, provided depth limits are met and the property is not in a conservation area. Detached houses: up to 4m. Semi-detached and terraced: up to 3m. Prior Approval available for larger extensions up to 8m (detached) or 6m (semi/terraced).

Loft conversion Usually PD for most conversion types including rear dormers, provided volume limits are not exceeded (40m³ terraced, 50m³ detached/semi). Front dormers visible from the road require planning permission.

Garage conversion Converting an integral or attached garage to habitable use is generally PD, as no external footprint change occurs. Detached garage conversions may require planning permission depending on the works involved.

Side extension Side extensions are PD only in limited circumstances and are restricted to single-storey, with a maximum width of half the original house. In conservation areas, side extensions almost always require planning permission.

Two-storey rear extension Always requires planning permission. Two-storey works do not qualify for PD.

Common home extension projects in Newcastle — rear extension, loft conversion, garage conversion and side extension showing Permitted Development and planning permission routes

Drawings: what each route requires

Under Permitted Development

No planning drawings are required. However, Building Regulations approval is mandatory for all structural works — extensions, loft conversions, garage conversions — regardless of PD status. Building Regs drawings are a separate set from planning drawings and are submitted to Building Control, not the planning department.

If you choose to apply for an LDC, planning-standard drawings are needed for that application.

Under full planning permission

A complete drawings package is required: existing and proposed floor plans, all four elevations, roof plan where relevant, 1:1250 OS location plan, 1:500 block plan, and a Design and Access Statement where the council requires one. If your project needs a full application, our planning application drawings in Newcastle service explains what is included in a council-ready drawing pack.

Drawings must be prepared to scale and submitted correctly through the Planning Portal. Applications returned as invalid restart the 8-week clock — the most avoidable cause of delay.

See our guides on house extension drawings and loft conversion drawings for what each package includes.


The practical check for your project

Before commissioning drawings, confirm four things:

  1. Is the property in a Newcastle conservation area?

  2. Is there an Article 4 Direction on the street?

  3. Is it a house, flat, or listed building?

  4. Do the proposed works fall within the relevant PD size limits?

If all four are clear — PD likely applies, and you need Building Regulations drawings only. If any one fails — a planning application is needed.

We confirm the planning route before any drawings are prepared and provide a fixed quote within 24 hours.



Fixed price · Delivered in 5 working days · Newcastle and North East


Frequently asked questions

Do I need to tell the council if I'm building under Permitted Development? No. PD works do not require notification to Newcastle City Council for planning purposes. You do need to notify Building Control separately for any structural works.

Can the council refuse Permitted Development? No. PD either applies or it does not — it is a legal entitlement, not a permission the council grants. The council can only assess whether the conditions are met, and can remove PD rights for future works through Article 4 Directions.

What happens if I build under PD and it turns out planning was required? The extension becomes a breach of planning control. Newcastle City Council's enforcement team can require removal or retrospective planning permission. There is no guarantee retrospective permission would be granted. Confirming the planning route before building starts is the only reliable protection.

How long does a planning application take in Newcastle? Newcastle City Council targets an 8-week determination period for householder applications. Applications submitted with incomplete or incorrectly scaled drawings are frequently returned as invalid before the clock starts — adding weeks to the process.

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