Householders in England often assume a conservatory can go up under permitted development. That assumption can fail for a house whose original planning permission carried a condition withdrawing those rights. This guide summarises the legislation and government guidance on such conditions in England. Scotland, Wales and Northern Ireland have separate orders and are not covered. It is general information, not legal or planning advice.

How a condition can override permitted development

Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 grants permission for the classes of development in Schedule 2, subject to any relevant exception, limitation or condition specified there. Article 3(4) adds that nothing in the Order permits development contrary to any condition imposed by a planning permission granted under Part 3 of the 1990 Act, other than by the Order itself.

In plain terms, if the permission for the house, or for the estate it belongs to, includes a condition removing the rights for extensions or outbuildings, the general permission for a conservatory does not apply and a planning application is needed. A condition is a matter of the individual permission, whereas an Article 4 direction is a separate council power exercised over a defined area.

What government guidance says about these conditions

Planning Practice Guidance on conditions states that conditions restricting the future use of permitted development rights may not pass the test of reasonableness or necessity. It says the scope of such a condition must be precisely defined, by reference to the relevant provisions of the 2015 Order, so it is clear exactly which rights have been limited or withdrawn. Area-wide or blanket removal of freedoms to carry out small-scale domestic alterations that would otherwise not need an application is described as unlikely to meet the tests. The guidance notes that a council instead has Article 4 powers where justified.

A condition that refers only vaguely to “extensions” without naming the classes, in other words, invites the question whether it is precise enough. Whether a particular wording is valid is a legal question for the specific permission.

The six tests every condition must meet

The guidance repeats the National Planning Policy Framework list of six tests, each of which must be satisfied for each condition. A condition must be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other respects. It also says clear and precise reasons must be given for the imposition of every condition, so the decision notice should explain why the rights were withdrawn.

Finding out whether your house is affected

Any such condition appears on the decision notice for the original planning permission, and the guidance says clear and precise reasons must be given for every condition. The council can confirm what applies to a given address, and a lawful development certificate is the formal route to certainty about what is lawful. Covenants in the title deeds are a different matter, as explained in the guide to restrictive covenants.

Removing or changing a condition

Government guidance sets out what an applicant can do if they do not want to be subject to a condition. One route is an application to the council under section 73 of the Town and Country Planning Act 1990 to remove or change it. On such an application, the council must consider only the disputed conditions, not the whole permission. A refusal of a section 73 application can be appealed to the Secretary of State, who will also consider only the conditions in question. The original permission continues to exist whatever the outcome.

The other route is an appeal against the grant of permission subject to conditions. For householder applications, the guidance says the appeal must be received within 12 weeks of the date of the decision notice. That route carries a risk: the Planning Inspector re-determines the whole application, not just the condition, so the permission could in principle be refused.

Building in breach of a condition

Development carried out in breach of conditions may be subject to enforcement action by the council. Retrospective permission can be sought under section 73A of the 1990 Act. The consequences are covered in this site’s guide to retrospective planning permission, and the safest sequence is to check the position before ordering.

FAQs

Can a planning condition really take away my right to build a conservatory?

Yes. Article 3(4) of the 2015 Order says the Order does not permit development contrary to a condition imposed on a planning permission, so a properly imposed condition can require an application.

Can a council remove rights across a whole estate by condition?

Guidance says area-wide or blanket removal of small-scale domestic freedoms is unlikely to meet the tests of reasonableness and necessity, and that Article 4 powers exist for area-wide withdrawal where justified.

How long do I have to appeal against a condition on a householder permission?

Guidance says an appeal must be received within 12 weeks of the date on the decision notice for householder applications.

Does a section 73 application reopen the whole permission?

No. The council must consider only the disputed conditions, and the original permission continues to exist.

The bottom line

A conservatory that would normally be permitted development can still need an application if a planning condition on the house’s original permission withdraws those rights. Article 3(4) of the 2015 Order gives such a condition effect, while government guidance says it must meet the six tests and be precisely drafted. Checking the decision notice first, and using a section 73 application or an appeal where a condition is disputed, keeps the process orderly.

Sources

This guide draws on the following sources, current as of 25 September 2026:

• legislation.gov.uk, “The Town and Country Planning (General Permitted Development) (England) Order 2015, article 3”
• GOV.UK, “Use of planning conditions” (Planning Practice Guidance)

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.