Karen Jones and Tatiana Zanré, in our leading Planning & Environmental Law team, discuss Permitted Development rights and their importance in development.
Development is defined in section 55(1) of The Town and Country Planning Act 1990 as ‘the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.’ Planning permission is required for the development of land. Section 58(1) provides that planning permission may be granted by a ‘development order’. The Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) is a development order for these purposes. It allows specific types of development, set out in different classes in Schedule 2 of the GPDO, to be carried out without the need to obtain planning permission.
What are Permitted Development rights?
Permitted Development (PD) rights derive from planning permission granted by the Order, to allow certain works, uses or changes of use to buildings or land to occur without the need to receive a specific grant of planning permission. The GPDO governs PD rights and allows specific types of development, set out in the classes of development described in the GPDO, subject to any relevant exception, limitation, or condition specified in the Order.
The classes of development incorporated under the legislation are wide ranging, from development within the curtilage of a dwelling house, ‘minor operations’ such as the erection of gates or fences and painting of exterior of buildings, to ‘temporary buildings and uses’. Other areas such as PD rights for statutory undertakers (gas, railway, sewerage etc) and the Crown are also covered by the Order. For a development to benefit from PD rights and amount to a permitted development, it must come fully within the description it relates to and comply with all conditions imposed.
What are designated areas?
It is important to note that PD rights are restricted in particular areas, termed designated areas. These areas are typically conservation areas, World Heritage Sites, National Parks, Sites of Special Scientific Interests (SSSIs) or National Landscapes (formerly Areas of Outstanding Natural Beauty (AONB)). In such areas planning permission is usually required to undertake work typically encompassed by PD rights elsewhere.
Are there any other restrictions or conditions on PD rights?
In addition to the restrictions applicable to PD rights, they are usually subject to limitations or conditions restricting the extent of PD. One such condition is ‘prior approval’, which requires applicants to apply to the Local Authority to seek approval of the works before the PD right can be exercised. This provides the Local Authority the opportunity to consider the proposal submitted in relation to particular aspects or effects of the development, and the ways in which this may be mitigated. As provided in Part 7 of the Order, the decision in relation to the application must be made by the authority—
(a) within the period specified in the relevant provision of Schedule 2,
(b) where no period is specified, within a period of 8 weeks beginning with the day immediately following that on which the application is received by the authority, or
[(c) within such longer period than is referred to in paragraph (a) or (b) as may be agreed by the applicant and the authority in writing].
The prior approval procedure varies for different types of PD rights. It should be noted that applications for prior approval involve fees and requirements which are dependent on the type of PD right being exercised.
Can these rights be withdrawn?
Alongside restrictions and conditions, PD rights may be withdrawn in whole or in part by the Secretary of State or the Local Authority, through issuing an Article 4 direction. Conditions and planning obligations can also be used to restrict PD although the government, as a matter of policy, discourages conditions being imposed on planning permissions which remove PD rights. The procedure for Article 4 directions is set out in Schedule 3 of the Order, and these are typically made when it is believed that allowing PD rights to remain may threaten the character of an area if PD were to be carried out. In such cases planning permission must be applied for and granted before any development can commence.
What happens in response to non-compliance with permitted development criteria?
It is important to check whether PD rights have been withdrawn, restricted or are subject to conditions, to ensure compliance with any development. Failure to comply with the PD criteria may result in the serving of an Enforcement Notice, which may require that non-compliance is rectified, before legal action is taken. For more information on Enforcement Notices, please click here.
To access The Town and Country Planning (General Permitted Development) (England) Order 2015, please click here.
Should you require any assistance or advice involving PD rights, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
