Hot Topic Highlight - Permitted Development Rights

Posted on 04 / 06 / 19
by Jen Lemen

Hot Topic Highlight - Permitted Development Rights

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What is this week's blog about?

This week, we will be looking at permitted development rights and some of the changes to them made in 2019. Essential reading for RICS APC and AssocRICS candidates on a range of pathways, including Planning and Development.

You can also listen to the audio version of our blog at Anchor.

What are permitted development rights?

Certain types of development or change of use can be carried out under national permitted development rights, i.e. without needing planning permission. However, even if permitted development rights are used, you may still have to comply with certain conditions or limitations to control impact and protect local amenity.

What guidance or legislation applies?

What is prior approval?

Schedule 2 to the General Permitted Development Order specifies when prior approval may be required from the Local Planning Authority, e.g. certain changes of use or the erection of new agricultural buildings or telecommunications equipment.

The procedure is far simpler than seeking planning consent, as the principle of development has already been established.

What limitations apply to permitted development rights?

There may be conditions or limitations, e.g. height, size or location, relating to permitted development rights. Some may also only be in force for a certain period of time or apply if a development falls into Schedule 1 or 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011.

Can permitted development rights be removed?

Yes, either by a Local Planning Authority applying a condition to a planning permission or via an article 4 direction.

What is an article 4 direction?

An article 4 direction is generally used to protect local amenity or the wellbeing of the area, e.g. in conservation areas.

This means that the development will require a planning application to be submitted, rather than being covered automatically under permitted development rights.

What recent changes have been made?

From 25 May 2019, new changes to the General Permitted Development Order (GPDO) will come into force, these include:

  • Removal of 30 May 2019 end date for large housing extensions, e.g. up to 8m to the rear for detached houses and 6m for all other types
  • Charging point installation for electric vehicles permitted with a maximum height of 1.6m within the curtilage of a dwelling house or block of flats or 2.3m elsewhere
  • New Class JA permitted development right, from retail, takeaway, betting office, pay day loan shop and laundrette uses to Class B1(a) offices, subject to prior approval, the premises being in the pre-existing use on 29 October 2018 and with no more than 500 sq m of floorspace changing use
  • Class M permitted development right being extended to include A5 takeaways in the change of use from retail, betting or pay day loan shop to residential, subject to prior notification as above to particularly ensure that there is adequate provision of existing services in the area
  • Class Q permitted development right from agricultural buildings to dwelling houses being amended to limit the floorspace of any dwelling house to no more than 465 sq m

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Stay tuned for our next blog post to help build a better you

N.b. nothing in this article constitutes legal or financial advice.