Appeal against a refusal to remove a planning condition restricting permitted development rights

Appeal Allowed (Condition Removed) on 9 December 2022

thurrock appeal

Kirkham Road,
Horndon on the Hill,
SS17 8QE

Council: Thurrock Borough Council

In this case, our client had a new house in the Green Belt. When the house was granted planning permission, a condition was imposed on the planning permission to say that it would not have any of the usual householder permitted development rights.

This meant that a full planning application would be needed for any kinds of minor changes, including new windows, a small extension, a shed to store garden tools etc.

These conditions are not fair. The intention of permitted development rights is that all homeowners should have them. They cut red tape by allowing you to make small changes to your property without having to grapple with the planning system.

The government’s national planning guidance says that removing permitted development rights can sometimes be justified but only rarely and the justification needs to be strong, clear and site-specific.

In this case, the council argued that the house was in the Green Belt, and planning law heavily restricts development in the Green Belt. That is true, but homeowners in the Green Belt have the same permitted development rights as homeowners outside it. That a new house is located in the Green Belt is not good reason enough to lose permitted development rights.

We were delighted when the appeal inspector agreed with us and deleted the offending condition.

If your property is affected by a similar condition, email us over a copy of the decision notice to and we will take a look and let you know whether it can be challenged.

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