Permitted development

Find out more about environmental law at: https://law.gov.wales/environment

Protected sites

Regulation 75 of The Conservation of Habitats and Species Regulations 2017, as amended, (the Habitats Regulations) states that any development that is granted permission by a general permitted development order and which is likely to have a significant effect on a protected site (Special Area of Conservation (SAC), Special Protection Area (SPA) or Ramsar) and not directly connected with the management of the protected site, must not begin until the developer has written approval from the Local Planning Authority (LPA).

Developments that may affect a Site of Special Scientific Interest (SSSI), even if considered a Permitted Development, are still subject to the provisions of Sections 28E and 28H of the Wildlife and Countryside Act 1981 (as amended), in relation to carrying out operations likely to damage a SSSI's features.

Protected species

Houses and other buildings may support bat roosts, bird nests or provide a refuge for other protected species. If a building contains a bat roost and a proposed alteration (such as the installation of a new roof or solar panels or the removal of a chimney), extension, loft conversion or enlargement would affect it, a licence may be required, even if the works are classed as a permitted development. Bat roosts, even when not in use, are protected from disturbance, destruction and obstruction. Proposed works should be designed to avoid impacting bat roosts, and if this is not possible then a licence from Natural Resources Wales will be required to avoid an offence: https://naturalresources.wales/permits-and-permissions/species-licensing/list-of-protected-species/bat-licensing/

Bird species that are commonly associated with houses include swift, house martin, house sparrow, gulls and pigeons. All wild birds nests are protected by law from destruction. Some species of bird are also protected from disturbance. If a building supports a bird nest which is in use or being built and the proposed works would affect the nest site, the works must be planned for when the nest is no longer active, otherwise an offence may be committed.

Prior approval

For some of the permitted development rights granted by The Town and Country Planning (General Permitted Development) Order 1995, as amended, (GPDO), a 'prior approval' process applies. A developer must apply to the local planning authority to confirm whether prior approval is required for certain developments. Examples include some agricultural, forestry, telecommunication and demolition operations. When considering a prior approval application, the duty in regulation 9(3) of the Habitats Regulations, means the LPA must have regard to the requirements of the Habitats Directive (Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora).