General Permitted Development Order
The Town and Country Planning (General Permitted Development) Order 1995 (the "GPDO 1995") is a Statutory Instrument, applying in England and Wales, that grants planning permission for certain types of development (such development is then referred to as permitted development). Schedule 2 of the GPDO 1995 specifies the classes of development for which planning permission is granted, and specifies the exceptions, limitations, and conditions that apply to some of these classes. The GPDO 1995 was made by the Secretary of State under authority granted by sections 59, 60, and 333 of the Town and Country Planning Act 1990.
- 1 History of the GPDO 1995
- 2 Operation of the GPDO 1995
- 3 Schedule 2 of the GPDO 1995
- 4 Householder Permitted Development
- 5 2013 Amendments
- 6 See also
- 7 References
- 8 External links
History of the GPDO 1995
The GPDO 1995 came into force on 3 June 1995, and was introduced by Statutory Instrument 1995 No. 418. The GPDO 1995 revoked The Town and Country Planning General Development Order 1988, which was a previous version of the legislation.
Since it came into force, the GPDO 1995 has been amended by a number of subsequent Statutory Instruments. In 1999, the functions of the Secretary of State under various sections of the Town and Country Planning Act 1990 (including sections 59, 60, and 333), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales. This means that, since 1999, the GPDO 1995 has been amended by some Statutory Instruments that apply in relation to England only and some that apply in relation to Wales only, resulting in different versions of the GPDO 1995.
With respect to England, the government Planning Portal website provides a list of 19 amendment Statutory Instruments, but states that this list may not be complete. The Planning Jungle website instead refers to 33 amendment Statutory Instruments.
The website www.legislation.gov.uk, which is delivered by the National Archives, provides the original ("as made") version of the GPDO 1995, but states that UK Statutory Instruments are not carried in their "revised" form on the website.
Operation of the GPDO 1995
- Article 1 defines various terms within the GPDO 1995.
- Article 2 sets out that the GPDO 1995 applies to all land in England and Wales, with exceptions where the land is the subject of a special development order.
- Article 3 sets out that the GPDO 1995 grants planning permission for the classes of development in Schedule 2 (referred to as "permitted development"), subject to any relevant exception, limitation or condition specified in Schedule 2. Article 3 also sets out a number of exceptions, including that the GPDO 1995 does not permit development contrary to any condition imposed by any planning permission, and that the GPDO 1995 does not grant permission where the existing building or use is unlawful.
- Article 4 sets out that the Secretary of State or the local planning authority may make a direction (referred to as an article 4(1) direction restricting certain permitted development rights. Article 5 sets out the procedure for introducing article 4(1) directions.
- Schedule 1 Part 2 defines "article 1(5) land", which includes a National Park, an Area of Outstanding Natural Beauty, a Conservation area, The Broads, and a World Heritage Site.
- Schedule 2 Part 4 defines "article 1(6A) land", which consists of designated areas within a total of 17 different local authorities.
- Schedule 2 specifies the classes of development to which Article 3 refers. These classes are contained within 43 "Parts".
Schedule 2 of the GPDO 1995
Schedule 2 specifies the classes of development for which planning permission is granted, and specifies the exceptions, limitations, and conditions that apply to some of these classes. These classes are contained within the following 43 "Parts":
- Part 1: Development within the curtilage of a dwellinghouse.
- Part 2: Minor operations.
- Part 3: Changes of use.
- Part 4: Temporary buildings and uses.
- Part 5: Caravan sites.
- Part 6: Agricultural buildings and operations.
- Part 7: Forestry buildings and operations.
- Part 8: Industrial and warehouse development.
- Part 9: Repairs to unadopted streets and private ways.
- Part 10: Repairs to services.
- Part 11: Development under local or private acts or orders.
- Part 12: Development by local authorities.
- Part 13: Development by highway authorities.
- Part 14: Development by drainage bodies.
- Part 15: Development by the environment agency.
- Part 16: Development by or on behalf of sewerage undertakers.
- Part 17: Development by statutory undertakers.
- Part 18: Aviation development.
- Part 19: Development ancillary to mining operations.
- Part 20: Coal mining development by the coal authority and licensed operators.
- Part 21: Waste tipping at a mine.
- Part 22: Mineral exploration.
- Part 23: Removal of material from mineral-working deposits.
- Part 24: Development by electronic communications code operators.
- Part 25: Other telecommunications development.
- Part 26: Development by the historic buildings and monuments commission for England.
- Part 27: Use by members of certain recreational organisations.
- Part 28: Development at amusement parks.
- Part 29: Driver information systems.
- Part 30: Toll road facilities.
- Part 31: Demolition of buildings.
- Part 32: Schools, colleges, universities and hospitals.
- Part 33: Closed circuit television cameras.
- Part 34: Development by the crown.
- Part 35: Aviation development by the crown.
- Part 36: Crown railways, dockyards etc. and lighthouses.
- Part 37 Emergency development by the crown.
- Part 38 Development for national security purposes.
- Part 39: Temporary protection of poultry and other captive birds.
- Part 40: Installation of domestic microgeneration equipment.
- Part 41: Office buildings.
- Part 42: Shops or catering, financial or professional services establishments.
- Part 43: Installation of non-domestic microgeneration equipment.
Householder Permitted Development
The phrase "permitted development" is often used to refer to Schedule 2 Part 1, which relates to "Development within the curtilage of a dwellinghouse".
Householder Permitted Development in England
In September 2008, the Department for Communities and Local Government released a document titled Guidance on the permeable surfacing of front gardens, which provides advice about how to interpret Part 1 Class F.
In August 2010, the Department for Communities and Local Government released a document titled Permitted development for householders: Technical Guidance, which provides advice about how to interpret Part 1. This document was subsequently updated in January 2013 and October 2013.
In May 2013, the Department for Communities and Local Government released a document titled Larger Home Extensions - Neighbour Consultation Scheme, which provides advice about the 2013 amendments to Part 1 Class A.
In the "Permitted development for householders: Technical Guidance" document, the 8 classes of Schedule 2 Part 1 are described as follows:
- Class A covers the enlargement, improvement or alterations to a house such as rear or side extensions as well as general alterations such as new windows and doors.
- Class B covers additions or alterations to roofs which enlarge the house such as loft conversions involving dormer windows.
- Class C covers other alterations to roofs such as re-roofing or the installation of roof lights.
- Class D covers the erection of a porch outside an external door.
- Class E covers the provision of buildings and other development on land surrounding the house (the ‘curtilage’).
- Class F covers the provision of hard surfaces on land surrounding the house such as driveways.
- Class G covers the installation, alteration, or replacement of a chimney, flue or soil and vent pipe.
- Class H covers the installation, alteration, or replacement of microwave antenna such as satellite dishes.
Householder Permitted Development in Wales
With respect to Wales, Schedule 2 Part 1 was amended on 30 September 2013 by Statutory Instrument 2013 No. 1776.
In July 2013, the Welsh Government released a document titled Permitted development for householders: Technical Guidance, which provides advice about how to interpret Part 1.
For the above changes, a public consultation was undertaken from 23 November 2010 to 15 February 2011.
Works not automatically being granted planning permission under the GPDO require formal submission of a planning application. Works constructed without planning permission may result in an enforcement notice. One case in County Cork, Ireland in 2012 resulted in a jail sentence for a householder failing to comply with an enforcement notice for dormer windows.
With respect to England, Schedule 2 Parts 1, 2, 3, 4, 8, 24, 32, 41, and 42 were amended on 30 May 2013 by Statutory Instrument 2013 No. 1101, Part 24 was also amended on 21 August 2013 by Statutory Instrument 2013 No. 1868, and Part 31 was amended on 1 October 2013 by Statutory Instrument 2013 No. 2147 and by Statutory Instrument 2013 No. 2435. The changes include the following:
- Part 1 Class A: Larger extensions for houses during a 3 year period.
- Part 2 Class A: Higher boundary treatments for schools.
- Part 3 Class B: Increased floor space limit for a change of use from B1 to B8, from B2 to B8, or from B8 to B1.
- Part 3 Class J: New change of use from B1(a) to C3 (i.e. office to house), although this doesn't apply to designated areas within a total of 17 different local authorities (see these maps).
- Part 3 Class K: New change of use from any of B1, C1, C2, C2A, or D2 to a "state-funded school" (which includes an Academy school).
- Part 3 Class L: New change of use from a "state-funded school" permitted by Part 1 Class K to the previous lawful use of the property.
- Part 3 Class M: New change of use from an agricultural use to a "flexible use" (either A1, A2, A3, B1, B8, C1, or D2).
- Part 4 Class C: New change of use from any use (other than a "sui-generis" use) to a "state-funded school" (which includes an Academy school) for a temporary period of a single academic year.
- Part 4 Class D: New change of use from any of A1, A2, A3, A4, A5, B1, D1, or D2 to a "flexible use" (either A1, A2, A3, or B1) for a temporary period of up to 2 years.
- Part 8 Class A: Larger extensions for industrial and warehouse buildings during a 3 year period.
- Part 24 Class A: Removal of application requirements for a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband, on Article 1(5) land during a 5 year period. Increased size, height, and number limits for antenna, masts, etc.
- Part 31: "Relevant demolition" (demolition of an unlisted etc. building in a conservation area) is no longer permitted development.
- Part 32: Confirmation that Part 32 applies to properties that are temporarily used as a "state-funded school" for a single academic year by virtue of the new Part 4 Class C.
- Part 41 Class A: Larger extensions for office buildings during a 3 year period.
- Part 42 Class A: Larger extensions for shops and financial or professional services establishments during a 3 year period.
For the above changes, public consultations were undertaken from 8 April 2011 to 30 June 2011, from 3 July 2012 to 11 September 2012, from 12 November 2012 to 24 December 2012, and from 3 May 2013 to 14 June 2013.
The government is currently proposing new permitted development rights for A1, A2, B1, C1, C2, C2A, D2, and agricultural properties, for which a public consultation is being undertaken from 6 August 2013 to 15 October 2013.
- Permitted Development Rights, The Planning Portal website.
- Consolidated Versions of Legislation, The Planning Jungle website.
- Statutory Instrument 1995 No. 418, www.legislation.gov.uk.
- Consultation: Proposed Changes to Householder Permitted Development Rights, wales.gov.uk.
- Duggan, Barry; O'Connor, Niall (14 December 2012). "Six months in jail for man who put in wrong windows". Irish Independent. Retrieved 21 October 2013.
- Flanagan, Pat (July 13, 2012). "Jailed for building dormer windows; Council Take Man to Court". Daily Mirror. Retrieved 21 October 2013. – via HighBeam Research (subscription required)
- Relaxation of planning rules for change of use from commercial to residential: consultation, GOV.UK.
- New opportunities for sustainable development and growth through the reuse of existing buildings: consultation, GOV.UK.
- Extending permitted development rights for homeowners and businesses: technical consultation, GOV.UK.
- Mobile connectivity in England: technical consultation, GOV.UK.
- Greater flexibilities for change of use: consultation, GOV.UK.