Your guide to planning

You can make certain types of minor changes to your house without needing to apply for planning permission. This is known as permitted development. 

The Planning Portal sets out permitted development limits and building regulations for over fifty common building work projects for the home.

If you need us to confirm that your proposal is a Permitted Development, you will need to submit a Lawful Development Certificate (existing or proposed). Information is available on the Planning Portal - Lawful certificates webpage.

Rules, known as ‘permitted development’ rights, allow you to extend a house without needing to apply for planning permission if specific limitations and conditions are met. If you want to exceed these, then it is likely that an application for householder planning permission will be required.

If the work adds over 100 square metres of floor space, it may also be liable for a charge under the Community Infrastructure Levy.

Please note: These rules apply in the context of the proposed extension and any previous extensions (i.e. the ‘total enlargement’).

These rules apply to houses only and not to:

• flats and maisonettes 
• converted houses or houses created through the ‘permitted development’ rights for:
  • ‘Changes of use’ (Schedule 2, Part 3, Classes G; M; MA; N; P; PA and Q) 
  • ‘New Dwelling houses’ (Schedule 2, Part 20)
• other buildings
• areas where there may be a planning condition, Article 4 Direction or other restriction that limits or removes ‘permitted development’ rights

For all extensions

• Only half the area of land around the "original house" can be covered by extensions or other buildings
• Extensions cannot be higher than the highest part of the existing roof; or higher at the eaves than the existing eaves
• Where the extension comes within two metres of the boundary the height at the eaves cannot exceed three metres
• Extension cannot be built forward of the ‘principal elevation’ or, where it fronts a highway, the ‘side elevation’
• The work cannot include:
  • verandas, balconies or raised platforms
  • a microwave antenna (e.g. TV aerial or satellite dish)
  • a chimney, flue or soil and vent pipe
  • any alteration to the roof of the existing house
• On Article 2(3) designated land the work cannot include cladding of the exterior
• The materials used in any exterior work must be of a similar appearance to those on the exterior of the existing house

For side extensions

Where it would extend beyond the ‘side elevation’ of the original house*, the extension:

• cannot exceed four metres in height
• can only be a single storey
• can only be up-to half the width of the original house*

On Article 2(3) designated land all side extensions will require householder planning permission.

For single storey extensions

• Single-storey rear extensions cannot extend beyond the rear wall of the original house* by more than four metres if a detached house; or more than three metres for any other house
• Where not on Article 2(3) designated land or a Site of Special Scientific Interest; and subject to ‘prior approval’, the limit for single-storey rear extensions is increased to eight metres if a detached house; or six metres for any other house. This requires that the relevant Local Planning Authority is informed of the proposed work via a prior approval application.
• Single-storey rear extensions cannot exceed four metres in height

For extensions of more than one storey

• Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres or be within seven metres of any boundary* opposite the rear wall of the house
• Roof pitch must match existing house as far as practicable (note that this also applies to any upper storey built on an existing extension)
• Any upper-floor window located in a ‘side elevation’ must be obscure-glazed; and non-opening (unless the openable part is more than 1.7 metres above the floor)

All side extensions of more than one storey will require householder planning permission. On Article 2(3) designated land* all rear extensions of more than one storey will require householder planning permission.

The term original house means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date).

Building regulations approval is not the same as obtaining planning permission for your work. Planning seeks to guide the way our towns, cities and countryside develop. Building regulations set standards for the design and construction of buildings. This ensures that building work is structurally sound, fire safe and reduces your heating bills.

Building regulations are needed for the construction and extension of buildings and is a legal requirement. Visit the building control webpages to check if you need building regulations.

We run regular 'Getting the Builders In' workshops. At these, planning and building control experts will be on hand to explain how building designs can be made to comply with planning and building regulations. The workshops are free to residents of Swindon Borough. If you would like to book a place or would like a 'Getting the Builders In' information pack, email: BControl@swindon.gov.uk.

You can search for the planning history of a property via the public access system on the view or make a comment on a planning application webpage.

If you are planning to make a new access point to your property and it crosses a public footpath, we may need to drop the kerb and the pavement may need strengthening. This is to protect any services buried in the ground such as water pipes.

You will need to make an application via the apply for a vehicle crossing licence webapge.  

In addition to obtaining a vehicle crossing licence, planning permission will be required if the vehicle crossing is off a classified road or trunk road. Planning permission may also be required for a new or replacement driveway.

You will not need planning permission if a new or replacement driveway of any size uses permeable (porous) surfacing. These are surfaces that allow water to drain through, such as gravel, permeable concrete block paving or porous asphalt. It also applies if rain water is directed to a lawn or border to drain naturally.

If the surface to be covered is more than five square metres, planning permission will be needed. This is so that a traditional, impermeable driveway that does not provide natural drainage, can be layed.

Planning permission is often not required to change a garage, which forms part of your house, to a room. However, you are likely to need planning permission if:

• your house was built between 1960 and 2020
• your home is a flat or maisonette
• your home is a Listed Building
• your home was converted through the ‘permitted development’ rights, for example, from an office or an agricultural building

Before starting works you should:

• get the consent of the land owner
• apply for planning permission or a certificate to confirm planning permission is not required
• serve any notices under the Party Wall Act
• apply for consent under Building Regulations

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

• Any new building must not itself be separate, self-contained, living accommodation and must not have a microwave antenna
• Not on land forward of a wall forming the principal elevation
• Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof
• Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwelling house
• No verandas, balconies or raised platforms (a raised platform must not exceed 0.3 metres in height)
• No more than half the area of land around the "original house" would be covered by additions or other buildings
• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres
• On designated land buildings, enclosures, containers and pools at the side of properties will require planning permission
• Within the curtilage of listed buildings, any outbuilding will require planning permission
• Containers, such as those used for domestic heating purposes, must not exceed 3,500 litres capacity to be permitted development.

The term 'original house' means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date).

Planning permission may not be needed for a householder to run a business from their home. This is providing it does not change the overall character of the property as a home.

However, you should consider the following important questions:

• Will my business operate independently from the rest of my property?
• Will there be frequent visitors to my property, including deliveries and/or customers?
• Are there frequent deliveries, collections and/or customers visiting?
• Am I going to need to employ staff to operate the business?
• Will several commercial or business vehicles be parked at the property?
• Is my business going to be noisy or cause disturbance to my neighbours?
• Will the character of the property change from domestic?
• If my business is successful, will I want it to expand and grow?

If you answer ‘yes’ to one or more of these questions, it is possible that your business will require planning permission.

In addition, if you decide to put up a building in your garden for the purposes of carrying out your business, that building is likely to need planning permission.

Examples of businesses likely to need planning permission include:

• dog grooming
• dog/cat kennels
• car repairs
• car sales
• hairdressing and beauty treatments
• storage of materials associated with a business elsewhere
• bed and breakfast, guest house or letting out a separate part of your home
• food takeaway or home delivery business 

Please note: This list is not exhaustive.

Before starting your business, you should:

• check what other consents or notices might be required
• apply for planning permission or a certificate to confirm planning permission is not required

Further Information can be found on the Planning Portal.

The casual or temporary parking of a mobile hot food vehicle for a few minutes, in the course of a round for instance, is not likely to need planning permission. This is whether it be in a street, a main road lay-by or on other land,

The regular parking of such a vehicle for longer periods is likely to need planning permission. Whether the vehicle is on the public highway or private land does not affect the need for planning permission. However, you will also need a license from the council if parked on a street, in a lay-by or by the land owner if parked on private land.

Before starting the mobile business, you should:

• get the consent of the landowner or the council licensing team if parking on the street or in a layby
• apply for planning permission
• register with the council as a food business

In most cases, planning permission is not required for a fence or wall less than 1 metre high next to a road or 2 metres high in other places. In other cases, planning permission is often not needed if you are replacing an existing wall or fence in the same place and to the same height.

However, planning permission may be needed if:

• the property or the neighbouring property is a Listed Building or in a Conservation Area 
• you are adding or moving the wall or fence to enclose a previously open area
• the wall or fence is new or being increased in height and will be more than 1 metre high next to a road or 2 metres elsewhere 

In most cases, planning permission is needed to change open amenity areas into private garden. However, we look to keep amenity spaces open where they form an important part of the original layout of a locality, natural or built environment. In these cases, planning permission would be refused.

Before starting the works, you should:

• check that you own/control the boundary (check your title deeds or with your solicitor) or get consent from your landlord. (The council will consider selling its open amenity land to neighbours after planning permission is granted).
• check whether planning permission is likely to be granted before you begin to buy/lease the land or start works. This is if you are planning to enclose an open amenity area (with a hedge, wall or fence)
• check if you need to give notice under the Party Wall Act
• apply for planning permission or a certificate to confirm planning permission is not required. (You do not need to be the land owner to apply).
• complete any land purchase, lease or conditions before starting works

Further information can be found on the Planning Portal.

We do not hold a full list of current use classes. A planning history search may provide some indication of the most recent and lawful use class. You can search by property address via the public access for planning system. 

The only way to be certain of a properties current use class, is through the submission of a Lawful Development Certificate. Further information on this type of application and its requirements is available on the checklists for planning applications webpage.

You may need the following consents before you start work:

• Planning permission
• Listed building consent (if the property is a listed building)
• Building Regulations approval
• Consent from your landlord or the owner of the building

Before you start

Replacement windows and doors may not always be necessary. Poor changes to windows and doors may reduce the value of a property.

Careful repair, if possible, should be considered before replacement, especially where historic details or quality materials survive. Original windows and doors in period buildings are always more attractive to buyers.

Do I need planning permission to replace windows and doors

Like-for-like replacements

Like-for-like replacements will not normally require planning permission. For example, for windows and doors of exactly the same design, materials, colour and method of opening.

Care should be taken to ensure that any replacements are exact copies. For instance, a change from single glazing to double glazing would normally require the glazing bars of a window to be thicker to hold the sealed glass unit. This would not be considered to be an exact copy. A change of material from timber to uPVC would not be considered a like-for-like change.

Replacements are not like-for-like

Altering your windows or doors often doesn’t require planning permission. This is if your home is a single house or bungalow, for example, not a house converted from shops, storage/distribution buildings or agricultural buildings, provided:

• the materials used are of a similar appearance to the existing materials
• the house or bungalow is not covered by an Article 4 Direction which restricts permitted development rights. These are associated with some conservation areas. These include the Railway Conservation Area and Bishopstone.
• permitted development rights relating to alterations have not been removed by a condition attached to an earlier planning permission. You can check the planning history of your property. The ‘Decision Notice’ will show the conditions attached to any approved development. It will say if ‘permitted development’ rights under the Town and Country Planning (Permitted Development) Order have been removed.
• You are not adding new windows or doors

In other cases, planning permission is often required. You can check the need for planning permission by submitted a lawfulness application. 

Do I need listed building consent to replace my windows and doors?

Listed building consent will almost always be required to alter windows or doors on a listed building, but will not normally be required to repair windows or doors. 

If unsure, you can check the need for listed building consent by submitting a lawfulness application.

For listed buildings, before you start think about:

• whether repair is possible. This is the preferred option. Historic windows and doors are of considerable aesthetic and historic value. 
• unnecessary destruction of historic fabric which is not acceptable
• matching materials, which should always be used for repairs
• the use of uPVC which is almost always unacceptable
• double-glazing or factory-made standard windows which are rarely acceptable
• draught proofing or secondary glazing, which may be better options (these may or may not require listed building consent)

The installation of solar panels (solar photovoltaic systems) will generally not need planning permission.

However, there are certain circumstances where planning permission and/or listed building consent is required prior to the installation of solar panels. These circumstances are explained on the Solar Together webpage.

In most cases, planning permission is not required for child-minding in your own home. However, you may need planning permission beforehand if:

• more than six children are being minded at the same time (including those living within the property and regardless of how many childminders live at the property)
• anyone else is employed for or comes to your home to help you with the child minding
• the main use of the property changes from a single family home
• a part of the property is set aside only for child minding, for example, if you’re using a garage conversion or a building in the garden for the business
• you are planning to erect a new structure or convert part of your home purely for the business

If you wish to run a child-minding business from a non-residential property this may need planning permission. In most cases, if you wish to run a day-time child minding business from an existing shop, office or commercial premises you will not need planning permission. However, you should check first.

How do I check if I need planning permission?

You can apply for a certificate to confirm whether planning permission is required. There is a fee for this, often, around £300. The more information you give us about the proposed business then the quicker we can make a decision.

How do I apply for planning permission?

You can apply for planning permission. The process will take around eight weeks and the fee is around £600.

Most planning applications are approved. However, when you apply it is suggested that you include a supporting statement which will be placed online for your neighbours and others to see. Include any questions your neighbours might have about the business including:

• information on the number of children and staff
• operating days and times
• where staff and parents park if dropping off children
• how you will minimise disturbance or nuisance to your neighbours

Further information about the planning process and what documents you will need to apply can be found on apply for planning permission page.

You can find out what happens when a planning applications is submitted in the FAQ’s below.

Do I need any other consents?

Yes, you may need other consents as well as planning permission. If you live in a rented property, you are likely to need prior consent from your landlord.

For more information about how to become a registered childminder in Swindon, see the Early Years Hub website.

To find out if you need planning permission in a conservation area, please visit the Planning Portal

To find out if a list building needs planning permission visit the Planning Portal.

Buildings are listed to identify and protect our heritage. To learn more about how buildings are added to the national register and details of the locations of listed buildings in the borough, go to the find out about listed buildings webpage.

There are a number of conservation areas across the borough. To find out if your property is in a conservation area, conservation area maps and appraisal and management plans are available to view. You can find them on the find out about conservation areas webpage.

Unfortunately, we do not have this information. You may wish to check your deeds or tenancy agreement. If these are not clear or do not cover the land for which you need the information, there are a number of organisations that may help.

Our pre-application advice service aims to provide consistent and timely advice. This should reduce the risks involved in making a planning application. It can also help to reduce the time taken to progress an application through the formal decision making process.

Information and forms are available on the pre-application advice webpage, along with a list of fees for this service.

The residential extensions and alterations supplementary planning document (2011) sets out guidance for householder extensions.

For help in submitting an application and for the supply of drawings (if required), see the Partner Agent List on the apply for planning permission webpage.

Validation

We check to see if we have all the information we need and the correct fee has been paid. We will ask for any missing information to be submitted within 14 days. If the information to make the application valid is not received within 14 days of a written request, we will dispose of the application.

Publication

We publish all the application information and documents on our website. If you include any sensitive personal data, for example, medical information or health details, this information will appear on the website.

By submitting a statement with that sensitive personal data in it, you are giving consent for this information to go into the public domain. If you need to supply information in support of your application, which needs to remain confidential, supply it in a separate document marked confidential. We can then withhold it from publication.

Consultations

In most cases, we carry out consultations. However, not all applications are the subject of consultation (such as applications to find out if planning permission is needed, called a Certificate of Lawfulness). Other applications are the subject to limited consultation as set out by planning law (such as prior approvals).

Any consultation responses and updates on application progress are put on the public access system.

Site visit

In most cases, the planning officer will carry out a site visit. They will not normally visit neighbours. The applicant does not need to be there for the visit. Appointments are not usually made unless there are problems with access.

Planning officer review

The planning officer will contact the planning agent if more information or changes are needed to the application. We will also contact them with any questions or updates during the process. You can check progress on the application by speaking to your agent or checking progress online.

If the application is: 

• acceptable as submitted, we will approve without negotiation
• unacceptable as submitted but only minor amendments are required which do not materially alter the proposal. The planning officer will seek minor changes as long as the changes are received within the statutory period and further consultation is not needed.
• unacceptable as submitted but minor changes are required to respond to issues identified. The planning officer will sometimes seek changes. This will be determined by the planning officer based on whether further consultation is needed. The case officer can consider the response within the statutory period for determination (or within an agreed extension of time).
• unacceptable as submitted (including key supporting information missing from the submission), will be refused without negotiation

If a viability assessment is needed: 

• we will look at the viability appraisal as an open book assessment
• publish a copy of the Financial Viability Assessment/Appraisal online
• include a clause in Section 106 Agreements requiring a review of the viability situation within a defined timeframe

If a planning obligation (s106 agreement) is needed we will discuss this with the agent.

The decision

The planning officer will assess the application and write a summary report. The report will include a recommendation whether permission should be granted or refused and why.

Most applications are decided by senior planning officers. All comments, including those from neighbours, have to be considered carefully before a decision is made. Some applications are considered by the Planning Committee, which meets every month.

To find out if your application is going to be considered at Committee, check progress on the public access system. In either case, the planning officers report is published online.