This is general guidance based on standard permitted development rights in England. Rules differ for listed buildings, conservation areas, and properties with Article 4 directions. Always confirm with your local planning authority before starting work.
Do I Need Planning Permission for a Two-Storey Side Extension in Torbay?
A two-storey extension to the side of your home, significantly increasing floor space on both levels. Subject to strict PD conditions to prevent a 'terracing' effect in residential streets.
Planning in Torbay
86%
of planning applications granted
77%
decided within the statutory or agreed time
36%
of householder applications decided within 8 weeks
In the year to December 2025, Torbay decided 533 planning applications. 264 of these were householder projects such as extensions, loft conversions and outbuildings, of which 88% were granted.
Planning statistics: MHCLG planning application statistics, the year to December 2025. Conservation area and Article 4 data: planning.data.gov.uk, © Historic England / Crown copyright. Open Government Licence v3.0.
Important: Additional Restrictions May Apply in Torbay
Torbay has 24 conservation areas. These include Abbey Road, Babbacombe Downs, Barton, Belgravia, Brixham Town, Cary Park. If your property is in a conservation area, some or all permitted development rights may be restricted. For example, you may need planning permission for changes that would normally be permitted, including alterations to the roof, cladding, or extensions visible from a public highway.
Torbay has 2 recorded Article 4 directions. These include Churston; Polsham. Article 4 directions remove specific permitted development rights in defined areas. If your property is covered by an Article 4 direction, you may need planning permission for work that would normally be permitted. Contact Torbay planning department to check whether an Article 4 direction applies to your property.
Check with Torbay planning department before starting work to confirm whether your property is affected by any special designations.
Permitted Development Rules for a Two-Storey Side Extension
Generally permitted under Part 1, Class A, but with strict conditions designed to prevent properties appearing to merge with neighbours. Must maintain a minimum 1m gap from the side boundary at first-floor level and above.
Conditions
- 1Must not exceed half the width of the original house
- 2Must maintain at least 1m from the side boundary at first-floor level
- 3Roof pitch must match the existing house as far as practicable
- 4Materials must be similar in appearance to the existing dwelling
- 5Side-facing upper-floor windows must be obscure glazed and non-opening below 1.7m from the floor
Size and Dimension Limits
- Width: must not exceed half the width of the original dwelling
- Height: must not exceed the height of the existing roof ridge
- Must maintain 1m gap from side boundary at first floor and above
When Permitted Development Does Not Apply
- Must not cover more than half the curtilage
- Does not apply in front of the principal elevation
- Not permitted development in conservation areas, AONB, National Parks, the Broads, or World Heritage Sites
- Does not apply to flats or maisonettes
What About Building Regulations?
Building regulations approval is likely required
Full Building Regulations approval needed covering structural integrity, foundations, thermal performance, fire safety and escape routes, sound insulation between floors, ventilation, drainage, and electrical work.
Building regulations are separate from planning permission. Even if your project is permitted development, you may still need building regulations approval. Contact Torbay building control or use an approved inspector.
How to Apply in Torbay
If you need planning permission for your two-storey side extension, you can apply through Torbay's planning department or via the national Planning Portal.
If your project is permitted development and you want written confirmation, you can apply for a Lawful Development Certificate (LDC) from Torbay. This provides proof that your project does not need planning permission, which can be helpful when selling your property.
What Happens If I Build Without Permission?
Enforcement can require demolition of the upper floor or the entire extension. Two-storey side extensions that create a terracing effect are particularly likely to attract enforcement. Solicitors routinely flag these during property sales.
Frequently Asked Questions
Do I need planning permission for a two-storey side extension in Torbay?
Does a two-storey side extension in Torbay need building regulations?
How do I apply for planning permission in Torbay?
How long does planning permission take in Torbay?
What percentage of planning applications does Torbay approve?
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