Permitted Development and subsequent planning application

Updated on 7th February 2017 in Permitted Development
1 on 23rd July 2015


I am trying to get some useful advice regarding my current situation. I am planning to build an extension to my detached house (two storey to rear and 2nd storey above side attached garage). I initially thought that I could just apply for planning and that would it, but in the design process I discovered that my house is only 22.5m away from the rear neighbours and the minimum separation distance in my area (Warwick) is 22m. In order to achieve the extension I had hoped for, I have had to split the extension into 2 phases; Phase 1 being PD for a 2 storey rear extension and Phase 2 for the extra bedroom above the garage on the side. Phase 2 requires planning but Phase 1 doesn’t. Ideally I would like the build for Phase 2 to follow directly after Phase 1 so as to not be left building walls that would need to be knocked down.

My question is at what point can I apply for planning permission for Phase 2? Do I have to wait until the build for Phase 1 (PD) is complete or can I apply once the Certificate of Lawfulness has been issued? My design consultant isn’t too clued up on this issue as he hasn’t been here before and the planners aren’t exactly being helpful.

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0 on 7th February 2017


In answer to your question, “at what point can I apply for planning permission for phase 2?” Typically, you can apply for permission for phase 2 once the Certificate of lawfulness has been issued. However, it is impossible to give an accurate determination of feasibility without knowing the address of the property. If you would like further information please contact me directly on

Kind Regards,

Alex T

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