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Restriction of Permitted Development Rights on the Grant of Planning Permission

It should be noted that when planning permission is granted for new development (normally only residential development), permitted development rights are sometimes removed to protect the design quality of the scheme from potential insensitive future change. This can apply to whole developments, parts of development, individual buildings or extensions to buildings. This type of control through planning conditions attached to a planning permission, where used, is typically applied to new development in a sensitive location such as near to a listed building, within a conservation area and/or within the Kent Downs Area of Outstanding Natural Beauty (AONB). It is therefore always a good idea when you are looking to buy a property, to check with a solicitor whether it is affected by any such restrictive planning conditions.  Such information should be kept with the property deeds, and if you are looking to sell a property that is subject to this type of condition, you should ensure that your selling agent and any buyer(s) are aware made aware of this. The Council’s Planning Service is able to answer any queries regarding the implications of these types of conditions.

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