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Introduction
Development is defined in Section 55 of the Town and Country Planning Act 1990 as:
- building operations (e.g. structural alterations, construction, rebuilding, most
demolition);
- material changes of use of land and buildings;
- engineering operations (e.g. groundworks);
- mining operations;
- other operations normally carried out by a person carrying on a business as a
builder;
- subdivision of a building (including any part it) used as a dwellinghouse for use as 2
or more separate dwellinghouses.
In Section 55(2), the Act also defines the categories of work that do not amount to
?development?. These include, but are not limited to, the following:
- interior alterations (except mezzanine floors that increase the floorspace of retail
premises by more than 200m2);
- building operations that do not materially affect the external appearance of a
building. The term ?materially affect? has no statutory definition, but is linked to the
significance of the change that is made to a building?s external appearance;
- a change in the primary use of land or buildings, where the before and after use falls
within the same use class.
Section 57 of the Town and Country Planning Act 1990 directs that all operations or work
falling within the statutory definition of ?development? requires planning permission. However,
there are different types of planning permission, such as:
- local authority grants of planning permission;
- national grants of permission by the General Permitted Development Order, which
allows certain building works and changes of use to be carried out without having to
make a planning application;
- local grants of planning permission through Local or Neighbourhood Development
Orders;
- development that is to be carried out by a local authority, national park authority or
statutory undertaker that has been authorised by a relevant government department.
The second category of ?planning permission? forms the basis for permitted development
rights. Permitted development rights are a national grant of planning permission that allow
certain building works and changes of use to be carried out without having to make a planning
application. Permitted development rights are subject to conditions and limitations to control
impact and to protect local amenity.
Background
The concept of permitted development rights was first introduced in the Town and Country
Planning General Development Order 1948, with subsequent amendments in the form of:
- The Town and Country Planning General Development Orders 1959, 1963, 1973,
1977, 1988; and
- The Town and Country Planning (General Permitted Development) Order 1995 .
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Such was the complexity of the permitted development regime that in 2015, the Town and
Country Planning (General Permitted Development) (England) Order 2015 was enacted,
which effectively consolidated with amendments, in relation to England, the Town and Country
Planning (General Permitted Development) Order 1995 and subsequent amending
instruments and revoked in relation to England all previous General Permitted Development
Orders. The 2015 Order came into effect on 15 April 2015.
Despite its consolidating objective, the Order has been supplemented by the Town and
Country Planning (General Permitted Development) (England) (Amendment) Order 2016 ,
which came into effect on 6 April 2016.
Permitted development rights are therefore found in the 2015 Order and the 2016 amendment
Order.
Permitted development regime
In Schedule 1 to the General Permitted Development Orders areas are defined where the
permitted development entitlements do not apply. These protected areas which are referred to
as article 2(3) land comprise:
- conservation areas;
- Areas of Outstanding Natural Beauty;
- National Parks;
- the Broads;
- World Heritage Sites.
There are other excluded land areas known as 'article 2(4) land', which cover land in a
National Park, the Broads or certain land outside the boundaries of a National Park.
There is also article 2(5) land, which is land excluded from permitted development rights
allowing change of use of a property from class B1(a) office use to class C3 residential until 30
May 2019.
Permitted development rights can also be removed by the local planning authority, either by a
condition on a planning permission, or by an article 4 direction. The restrictions imposed will
vary on a case-by-case basis and the specific wording of such conditions or directions.
Permitted development rights apply to single dwelling houses only. Properties which do not
have permitted development rights comprise:
- flats, maisonettes or houses in multiple occupation;
- properties on conservation areas;
- listed buildings.
Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015
is divided into 19 Parts, which specify the classes of development for which planning
permission is granted, and the exceptions, limitations, and conditions that apply to some of
these classes. In summary the subject matter of each Part is as follows:
PART 1 Development within the curtilage of a dwellinghouse
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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 .
For householders, see the government guide Permitted development rights for householders:
technical guidance .
Part 1 of Schedule 2 covers the permitted development rights for householders. These are
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divided into 8 Classes:
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 that 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.
The government has published a Permitted development for householders: technical guidance
(DCLG, April 2016) document , which explains how the permitted development rights apply
and how they should be interpreted.
The general approach adopted for each class of permitted development is to firstly explain the
provisions, and to then for clarity to confirm where the development is not permitted, and
finally, to confirm the conditions that apply to each class of development.
The interpretation of permitted development rights can be complex. The courts and inspectors
on appeal have provided clarity on certain areas where interpretation has been problematic.
The technical guidance produced by the government for householders is instructive. The
Planning Portal has an interactive guide to householder permitted development rights.
In some cases, the exercising of permitted development cannot be exercised without the prior
approval of, or prior notification to, the local planning authority. The procedures for prior
notification or prior approval are set out in Paragraph W, Part 3 of the 2015 Order.
Due to the complexity of interpreting permitted development regulations, it is invariably
advisable to seek confirmation from the local planning authority that a development qualifies
as permitted development. This can be achieved by the submission of an application to the
local planning authority to obtain a decision on whether a proposed use or development is
lawful for planning purposes or not.
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The procedure is that contained section 192 of the Town and Country Planning Act 1990.
Once a certificate has been granted following an application under section 192, it means that
any proposed use or development in accordance with it must be presumed as lawful.
Further information
Legislation, cases, publications and websites
Relevant legislation
- Town and Country Planning Act 1990
- The Town and Country Planning (General Permitted Development) (England) Order
2015 | 2015 No. 596
- The Town and Country Planning (General Permitted Development) (England)
(Amendment) Order 2015 | 2015 No. 659
- The Town and Country Planning (General Permitted Development) (England)
(Amendment) Order 2016 | 2016 No. 332
Key decisions
CO/740/2015, CO/1323/2015 & CO/1320/2015: Royal Borough of Kensington and Chelsea v
Secretary of State for Communities and Local Government, 17 June 2015
Publications
- National Planning Policy Framework (NPPF), March 2012
- National Planning Practice Guidance (NPPG), Online
- Permitted development rights for householders, Technical Guidance. Department
for Communities and Local Government, April 2016
Websites
- Planning portal
- Planning practice guidance
- National Planning Policy Framework
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