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General Permitted Development Order

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Warehouse conversion to flats in Hull. Development of this type is sometimes allowed under the GPDO.

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the "GPDO 2015") is a Statutory Instrument, applying in England, that grants planning permission for certain types of development (such development is then referred to as permitted development). Schedule 2 of the GPDO 2015 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 2015 was made by the Secretary of State under authority granted by sections 59,[1] 60,[2] and 333[3] of the Town and Country Planning Act 1990.

History of the GPDO

The GPDO 2015 came into force on 15 April 2015, and was introduced by Statutory Instrument 2015 No. 596.[4] The GPDO 2015 revoked The Town and Country Planning (General Permitted Development) Order 1995 (the "GPDO 1995"), which was the previous version of the legislation.

Since it came into force, the GPDO 2015 has been amended by Statutory Instrument 2016 No. 332.[5]

The website www.Legislation.gov.uk, which is delivered by the National Archives, provides the original ("as made") version of the GPDO 2015, but states that UK Statutory Instruments are not carried in their "revised" form on the website.

The previous version of the legislation, the GPDO 1995, came into force on 3 June 1995, and was introduced by Statutory Instrument 1995 No. 418.[6] During the time it was in force (i.e. from 3 June 1995 until 14 April 2015), the GPDO 1995 was amended by a number of subsequent Statutory Instruments. With respect to England, the Planning Jungle website states that the GPDO 1995 was amended by a total of 37 subsequent Statutory Instruments.[7]

The following list shows all of the versions of the GPDO from 1948 to present:

  • The Town and Country Planning General Development Order 1948.
  • The Town and Country Planning General Development Order 1959.
  • The Town and Country Planning General Development Order 1963.
  • The Town and Country Planning General Development Order 1973.
  • The Town and Country Planning General Development Order 1977.
  • The Town and Country Planning General Development Order 1988.
  • The Town and Country Planning (General Permitted Development) Order 1995.
  • The Town and Country Planning (General Permitted Development) (England) Order 2015.

Operation of the GPDO 2015

  • Article 1 sets out that the GPDO 2015 applies to all land in England, with exceptions where the land is the subject of a special development order.
  • Article 2 defines various terms within the GPDO 2015.
  • Article 3 sets out that the GPDO 2015 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 2015 does not permit development contrary to any condition imposed by any planning permission, and that the GPDO 2015 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. Schedule 3 sets out the procedure for introducing article 4 directions.
  • Schedule 1 Part 1 defines "article 2(3) land", which includes a national park, an Area of Outstanding Natural Beauty, a conservation area, The Broads, and a World Heritage Site.
  • Schedule 1 Part 3 defines "article 2(5) 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 (i.e. for which planning permission is granted). These classes are contained within 19 "Parts".

Schedule 2 of the GPDO 2015

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 19 "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 and recreational campsites.
  • Part 6: Agricultural and forestry.
  • Part 7: Non-domestic extensions, alterations etc.
  • Part 8: Transport related development.
  • Part 9: Development relating to roads.
  • Part 10: Repairs to services.
  • Part 11: Heritage and demolition.
  • Part 12: Development by local authorities.
  • Part 13: Water and sewerage.
  • Part 14: Renewable energy.
  • Part 15: Power related development.
  • Part 16: Communications.
  • Part 17: Mining and mineral exploration.
  • Part 18: Miscellaneous development.
  • Part 19: Development by the Crown or for national security purposes.

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".[8]

Householder Permitted Development in England

With respect to England, householder permitted development is set out by Schedule 2 Part 1 of the GPDO 2015, as introduced on 15 April 2015 by Statutory Instrument 2015 No. 596.

In September 2008, the Department for Communities and Local Government ("DCLG") published a document titled Guidance on the permeable surfacing of front gardens, which provides advice about how to interpret Part 1 Class F. This document was subsequently updated in May 2009.

In August 2010, DCLG published 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, DCLG published a document titled Larger Home Extensions - Neighbour Consultation Scheme, which provides advice about the system of larger rear extensions under Part 1 Class A. This document was subsequently updated in June 2013 and June 2015.

In May 2014, DCLG published the Planning Practice Guidance website,[9] which includes a section titled What are permitted development rights.[10] This website is updated on an ongoing basis.

In March 2016, the Planning Portal published a document titled Notification of a proposed larger Home Extension, which provides advice about the system of larger rear extensions under Part 1 Class A.

In the above "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 legislation, public consultations were undertaken from 21 May 2007 to 17 August 2007,[11] from 12 November 2012 to 24 December 2012, [12] and from 31 July 2014 to 26 September 2014.[13]

Prior approval

Some changes of use are subject to a prior approval procedure with the Local Planning Authority. This seeks approval of various matters, dependent on the nature of the use, but might typically include matters relating to parking and highways, flooding, and contaminated land. In the case of A3 (restaurant) uses, prior approval is required in respect of matters relating to noise, odour, waste collection, impact of the hours of opening, transport and highways impact, impact on existing shopping provision, the design of any external changes and a statement specifying the net increase in dwellinghouses proposed by the development.

Temporary permitted development rights currently apply in respect of the change of use of premises from a B1(a) office use to C3 residential use. This is subject to Prior Approval being sought in respect of flooding, contamination, highways and transport issues and impacts of noise from commercial premises on the intended occupiers of the development. For a property to benefit from C3 use, the use must begin by 30th May 2016 (See GPDO Schedule 2, Part 3, Class O) or for developments assessed against the post-6th April 2016 amendments (see SI 332 amendments in relation to change of use of offices to dwellinghouses), development must be completed within three years starting with the prior approval date. Some local authorities have removed permitted development rights from areas within their boroughs via an Article 4 designation.

Householder Permitted Development in Wales

With respect to Wales, householder permitted development is set out by Schedule 2 Part 1 of the GPDO 1995, as amended on 30 September 2013 by Statutory Instrument 2013 No. 1776.

In July 2013, the Welsh Government published a document titled "Technical Guidance: Permitted development for householders",[14] which provides advice about how to interpret Part 1. This document was subsequently updated in April 2014.

For the above legislation, a public consultation was undertaken from 23 November 2010 to 15 February 2011.[15]

2013-2016 Amendments

With respect to England, Schedule 2 Parts 1, 2, 3, 4, 7, and 16 were amended on 30 May 2013 by Statutory Instrument 2013 No. 1101, Part 16 was amended on 21 August 2013 by Statutory Instrument 2013 No. 1868, Part 11 was amended on 1 October 2013 by Statutory Instrument 2013 No. 2147 and by Statutory Instrument 2013 No. 2435, Parts 1, 2, 3, 6, and 7 were amended on 6 April 2014 by Statutory Instrument 2014 No. 564, Parts 3, 4, and 11 were amended on 6 April 2015 by Statutory Instrument 2015 No. 659, all Parts were amended on 15 April 2015 by Statutory Instrument 2015 No. 596, and Parts 1, 3, 4, and 17 were amended on 6 April 2016 by Statutory Instrument 2016 No. 332.

For the above changes, public consultations were undertaken from 8 April 2011 to 30 June 2011,[16] from 3 July 2012 to 11 September 2012,[17] from 12 November 2012 to 24 December 2012,[18] from 3 May 2013 to 14 June 2013,[19] from 6 August 2013 to 15 October 2013, [20] from 31 July 2014 to 26 September 2014,[13] from 5 March 2015 to 16 April 2015,[21] and from 13 August 2015 to 24 September 2015.[22]

For further changes that are currently proposed, public consultations were undertaken from 18 February 2016 to 15 April 2016,[23] and from 18 February 2016 to 15 April 2016. [24]

Part 3 Class O excluded areas

These rights do not apply to certain areas within the following local authorities:[25]

See also

References

  1. ^ "Town and Country Planning Act 1990: Section 59". www.legislation.gov.uk. Retrieved 5 September 2016.
  2. ^ "Town and Country Planning Act 1990: Section 60". www.legislation.gov.uk. Retrieved 5 September 2016.
  3. ^ "Town and Country Planning Act 1990: Section 333". www.legislation.gov.uk. Retrieved 5 September 2016.
  4. ^ "Statutory Instrument 2015 No. 596". www.legislation.gov.uk. Retrieved 5 September 2016.
  5. ^ "Statutory Instrument 2016 No. 332". www.legislation.gov.uk. Retrieved 5 September 2016.
  6. ^ "Statutory Instrument 1995 No. 418". www.legislation.gov.uk. Retrieved 5 September 2016.
  7. ^ GPDO 1995 (Consolidated) (Superseded), The Planning Jungle website.
  8. ^ Permitted Development Rights, The Planning Portal website.
  9. ^ "Guidance by Planning Practice Guidance". planningguidance.communities.gov.uk. Retrieved 5 September 2016.
  10. ^ "What are permitted development rights?". planningguidance.communities.gov.uk. Retrieved 5 September 2016.
  11. ^ Changes to Permitted Development: Consultation Paper 2 - Permitted Development Rights for Householders. GOV.UK.
  12. ^ Extending permitted development rights for homeowners and businesses: technical consultation. GOV.UK.
  13. ^ a b Technical consultation on planning, GOV.UK.
  14. ^ "Technical Guidance: Permitted development for householders". wales.gov.uk. Retrieved 5 September 2016.
  15. ^ Consultation: Proposed Changes to Householder Permitted Development Rights, wales.gov.uk.
  16. ^ Relaxation of planning rules for change of use from commercial to residential: consultation, GOV.UK.
  17. ^ New opportunities for sustainable development and growth through the reuse of existing buildings: consultation, GOV.UK.
  18. ^ Extending permitted development rights for homeowners and businesses: technical consultation, GOV.UK.
  19. ^ Mobile connectivity in England: technical consultation, GOV.UK
  20. ^ Greater flexibilities for change of use: consultation, GOV.UK.
  21. ^ "Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration: technical consultation - GOV.UK". www.gov.uk. Retrieved 2015-08-24.
  22. ^ "Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration - GOV.UK". www.gov.uk. Retrieved 2015-08-24.
  23. ^ Consultation on upward extensions in London, GOV.UK.
  24. ^ Technical consultation on implementation of planning changes, GOV.UK.
  25. ^ "Areas exempt from office to residential change of use permitted development right 2013 - Publications - GOV.UK". www.gov.uk. Retrieved 5 September 2016.
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