1. If carrying out the exempted development would contravene a condition attached to a permission under the Act.
Example, if a permission included a condition requiring that the front gardens of a housing estate be kept open plan, it would no longer be exempted development to build a front garden wall.
Important Pre-Conditions
Please note all exempted development is subject to certain restrictions as set out in Articles 6, 7, 8, 9 and 10 of the Regulations. These restrictions seldom apply to the types of exempted development which arise frequently, but it is important to be aware of the more general restrictions which may affect some types of exempted development. If they apply to a particular case, then that case is no longer exempted development. Listed below are some of the restrictions which can arise. This is not the complete listing of all restrictions, but includes samples of restrictions which can affect the more common types of exempted development:
1. If carrying out the exempted development would contravene a condition attached to a permission under the Act. Example, if a permission included a condition requiring that the front gardens of a housing estate be kept open plan, it would no longer be exempted development to build a front garden wall.
2. Making or widening an entrance to a public road where that road exceeds 4 metres in width.
3. Endanger public safety by creating a traffic hazard or obstruction of road users.
Example, putting a bay window onto the front of a house which projects beyond the front wall of the adjoining house – is not exempted development.
5. Would interfere with the character of a landscape or a view or prospect of special amenity value or interest, the preservation of which is an objective of the development plan. Example, this could arise in the case of certain exempted developments, in particular farm buildings.
6. Fencing or enclosing any land habitually open to or used by the public during the previous 10 years for recreational purposes or as means of access to any mountain.
7. Obstruct any right of way.
8. Carrying out works to the exterior of a structure which is located within an architectural conservation area in a development plan or draft development plan and where the development would materially affect the character of the area.
9. Advertisements located on the exterior of structures within an architectural conservation area (or proposed such area in a draft development plan) should not materially affect the character of the area (see Article 6 (2) (iv).