General Permitted Development Order

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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.

History of the GPDO 1995[edit]

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.[1] The Planning Jungle website instead refers to 35 amendment Statutory Instruments.[2]

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.[3]

Operation of the GPDO 1995[edit]

  • 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 direction) restricting certain permitted development rights. Article 5 sets out the procedure for introducing article 4 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[edit]

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 and associated operational development.
  • 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[edit]

The phrase "permitted development" is often used to refer to Schedule 2 Part 1, which relates to "Development within the curtilage of a dwellinghouse".[1]

Householder Permitted Development in England[edit]

With respect to England, Schedule 2 Part 1 was amended on 1 October 2008 by Statutory Instrument 2008 No. 2362, on 30 May 2013 by Statutory Instrument 2013 No. 1101, and on 6 April 2014 by Statutory Instrument 2014 No. 564.

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, October 2013, and April 2014.

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, and from 30 May 2013 to 30 May 2016 a neighbour consultation scheme for larger rear extensions.
  • 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.

For the above changes, public consultations were undertaken from 21 May 2007 to 17 August 2007,[4] and from 12 November 2012 to 24 December 2012.[5]

Householder Permitted Development in Wales[edit]

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.[6]

2013-2014 Amendments[edit]

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 amended on 21 August 2013 by Statutory Instrument 2013 No. 1868, Part 31 was amended on 1 October 2013 by Statutory Instrument 2013 No. 2147 and by Statutory Instrument 2013 No. 2435, and Parts 1, 2, 3, 6, and 32 were amended on 6 April 2014 by Statutory Instrument 2014 No. 564 . The changes include the following:

  • Part 1 Class A: Larger rear extensions for houses during a 3 year period.
  • Part 2 Class A: Higher boundary treatments for schools (including temporary state-funded schools permitted via Part 4 Class C) and for registered nurseries permitted via either Part 3 Class K or Part 3 Class MA.
  • 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 CA: New change of use from A1 to a "deposit-taker" (i.e. a bank, a building society, a credit union, or a friendly society).
  • Part 3 Class IA: New change of use from any of A1, A2, A1+flat(s), or A2+flat(s) to C3, along with any building operations that are reasonably necessary to convert the building.
  • Part 3 Class J: New change of use from B1(a) to C3, 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 or a registered nursery.
  • 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 3 Class MA: New change of use from an agricultural building to a state-funded school or a registered nursery.
  • Part 3 Class MB: New change of use from an agricultural use to C3, along with any building operations that are reasonably necessary to convert the building.
  • Part 4 Class C: New change of use from any use (other than a sui-generis use) to a temporary state-funded school for a 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 temporary "flexible use" (either A1, A2, A3, or B1) for a 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: Now applies to a temporary state-funded school permitted via Part 4 Class C and to a registered nursery permitted via Part 3 Class K.
  • 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,[7] from 3 July 2012 to 11 September 2012,[8] from 12 November 2012 to 24 December 2012,[9] from 3 May 2013 to 14 June 2013,[10] and from 6 August 2013 to 15 October 2013.[11]

See also[edit]

References[edit]

External links[edit]