General Permitted Development Order: Difference between revisions

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In August 2010, DCLG published a document titled [https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance Permitted development rights for householders: technical guidance], which provides advice about how to interpret Part 1. This document was subsequently updated in January 2013, October 2013, April 2014, April 2016, April 2017, and September 2019.
 
In May 2013, DCLG published a document titled "Home Extensions - Neighbour Consultation Scheme", which provided 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 March 2016, this document was replaced by a document published by the Planning Portal (see below).
 
In May 2014, DCLG published the "Planning practice guidance",<ref>{{cite web|title=Planning practice guidance|url=https://www.gov.uk/government/collections/planning-practice-guidance/|website=gov.uk|accessdate=2 July 2020}}</ref> which includes a section titled "What are permitted development rights?".<ref>{{cite web|title=What are permitted development rights?|url=https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights/|website=gov.uk|accessdate=2 July 2020}}</ref> This website is updated on an ongoing basis.
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*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,<ref>[http://webarchive.nationalarchives.gov.uk/20120919132719/http://www.communities.gov.uk/publications/planningandbuilding/changesdevelopmentconsultation Changes to Permitted Development: Consultation Paper 2 - Permitted Development Rights for Householders]. ''GOV.UK.''</ref> from 12 November 2012 to 24 December 2012, <ref>[https://www.gov.uk/government/consultations/extending-permitted-development-rights-for-homeowners-and-businesses-technical-consultation Extending permitted development rights for homeowners and businesses: technical consultation]. ''GOV.UK.''</ref> from 31 July 2014 to 26 September 2014,<ref name="Technical consultation on planning">[https://www.gov.uk/government/consultations/technical-consultation-on-planning Technical consultation on planning]'', GOV.UK.''</ref> and from 29 October 2018 to 14 January 2019.<ref name="Planning Reform: Supporting the high street and increasing the delivery of new homes">[https://www.gov.uk/government/consultations/planning-reform-supporting-the-high-street-and-increasing-the-delivery-of-new-homes Planning Reform: Supporting the high street and increasing the delivery of new homes]'', GOV.UK.''</ref>
 
===Prior approval===
Some changes of use are subject to a prior approval procedure with the [[local planning authority]] (LPA). This seeks approval of various matters, dependent on the nature of the use, but might typically include matters relating to transport and highways impacts, contamination risks, and flooding risks. For example, in the case of a change of use to A3 (restaurant and cafes) under Part 3 Class C, the developer needs to apply to the LPA with respect to transport and highways impacts, noise impacts, odour impacts, the impacts of storage and handling of waste, the impacts of the hours of opening, the impacts on adequate provision of services and (if applicable) the sustainability of a key shopping area, and (in the case of building or other operations) siting, design or external appearance.
 
Permitted development rights currently exist for the change of use of premises from B1(a) (offices) to C3 (dwellinghouses). This is subject to prior approval with respect to transport and highways impacts, contamination risks, flooding risks, and the impacts of noise from commercial premises on the intended occupiers of the development. For development that's assessed against the pre-06/04/2016 version of this class, the use of the building within C3 must begin on or before 30th30 May 2016, ([http://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/3/crossheading/class-o-offices-to-dwellinghouses/made see Schedule 2, Part 3, Class O]) whereas for development that's assessed against the 06/04/2016 version of this Class the development must be completed within 3 years starting with the prior approval date. ([http://www.legislation.gov.uk/uksi/2016/332/article/7/made see article 7]) Some local authorities have removed permitted development rights from areas within their boroughs via an article 4 directions.
 
===Householder permitted development in Wales===
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With respect to England, Schedule 2 Parts 1, 2, 3, 4, 7, and 16 were amended on 30 May 2013 by [http://www.legislation.gov.uk/uksi/2013/1101/contents/made SI 2013 No. 1101], Part 16 was amended on 21 August 2013 by [http://www.legislation.gov.uk/uksi/2013/1868/contents/made SI 2013 No. 1868], Part 11 was amended on 1 October 2013 by [http://www.legislation.gov.uk/uksi/2013/2147/contents/made SI 2013 No. 2147] and by [http://www.legislation.gov.uk/uksi/2013/2435/contents/made SI 2013 No. 2435], Parts 1, 2, 3, 6, and 7 were amended on 6 April 2014 by [http://www.legislation.gov.uk/uksi/2014/564/contents/made SI 2014 No. 564], Parts 3, 4, and 11 were amended on 6 April 2015 by [http://www.legislation.gov.uk/uksi/2015/659/contents/made SI 2015 No. 659], all Parts were amended on 15 April 2015 by [http://www.legislation.gov.uk/uksi/2015/596/contents/made SI 2015 No. 596], Parts 1, 3, 4, and 17 were amended on 6 April 2016 by [http://www.legislation.gov.uk/uksi/2016/332/contents/made SI 2016 No. 332], Part 16 was amended on 24 November 2016 by [http://www.legislation.gov.uk/uksi/2016/1040/contents/made SI 2016 No. 1040], Parts 1, 4, 7, 14, and 15 were amended on 6 April 2017 by [http://www.legislation.gov.uk/uksi/2017/391/contents/made SI 2017 No. 391], Parts 3, 4, and 11 were amended on 23 May 2017 by [http://www.legislation.gov.uk/uksi/2017/619/contents/made SI 2017 No. 619], Parts 3, 6, 9, and 16 were amended on 6 April 2018 by [http://www.legislation.gov.uk/uksi/2018/343/contents/made SI 2018 No. 343], Parts 1, 2, 3, 4, 7, and 16 were amended on 25 May 2019 by [http://www.legislation.gov.uk/uksi/2019/907/contents/made SI 2019 No. 907], Part 4 was amended on 24 March 2020 by [http://www.legislation.gov.uk/uksi/2020/330/contents/made SI 2020 No. 330], Part 12A was introduced on 9 April 2020 by [http://www.legislation.gov.uk/uksi/2020/412/contents/made SI 2020 No. 412], and Parts 3, 4, 12 were amended and Part 20 was introduced on 25 June 2020 and 1 August 2020 by [http://www.legislation.gov.uk/uksi/2020/632/contents/made SI 2020 No. 632].
 
For the above changes, public consultations were undertaken from 8 April 2011 to 30 June 2011,<ref>[https://www.gov.uk/government/consultations/changing-land-use-from-commercial-to-residential Relaxation of planning rules for change of use from commercial to residential: consultation], ''GOV.UK.''</ref> from 3 July 2012 to 11 September 2012,<ref>[https://www.gov.uk/government/consultations/reusing-existing-buildings-permitted-development-rights New opportunities for sustainable development and growth through the reuse of existing buildings: consultation], ''GOV.UK''.</ref> from 12 November 2012 to 24 December 2012,<ref>[https://www.gov.uk/government/consultations/extending-permitted-development-rights-for-homeowners-and-businesses-technical-consultation Extending permitted development rights for homeowners and businesses: technical consultation], ''GOV.UK.''</ref> from 3 May 2013 to 14 June 2013,<ref>[https://www.gov.uk/government/consultations/mobile-connectivity-in-england Mobile connectivity in England: technical consultation], ''GOV.UK''</ref> from 6 August 2013 to 15 October 2013, <ref>[https://www.gov.uk/government/consultations/greater-flexibilities-for-change-of-use Greater flexibilities for change of use: consultation]'', GOV.UK.''</ref> from 31 July 2014 to 26 September 2014,<ref name="Technical consultation on planning"/> from 5 March 2015 to 16 April 2015,<ref>{{Cite web|title = Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration: technical consultation - GOV.UK|url = https://www.gov.uk/government/consultations/amendment-to-permitted-development-rights-for-petroleum-exploration|website = www.gov.uk|accessdate = 2015-08-24}}</ref> from 13 August 2015 to 24 September 2015,<ref>{{Cite web|title = Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration - GOV.UK|url = https://www.gov.uk/government/consultations/further-amendments-to-permitted-development-rights-for-petroleum-exploration-site-investigation-and-monitoring|website = www.gov.uk|accessdate = 2015-08-24}}</ref> and from 18 February 2016 to 15 April 2016,<ref>{{Cite web|title = Technical consultation on implementation of planning changes - GOV.UK|url = https://www.gov.uk/government/consultations/implementation-of-planning-changes-technical-consultation|website = www.gov.uk|accessdate = 2017-03-24}}</ref> and from 29 October 2018 to 14 January 2019.<ref>{{Cite web|title = Planning Reform: Supporting the high street and increasing the delivery of new homes - GOV.UK|url = https://www.gov.uk/government/consultations/planning-reform-supporting-the-high-street-and-increasing-the-delivery-of-new-homes|website = www.gov.uk|accessdate = 2017-03-24}}</ref>
 
On 25 May 2019 Housing Minister [[Kit Malthouse|Kit Malthouse MP]] announced that temporary changes to Permitted Development Rights, in place since 2012 and due to expire on 30 May 2019, would become permanent.<ref>{{Cite web|url=https://www.gov.uk/government/news/housing-minister-announces-boost-for-families-and-high-streets-as-planning-red-tape-is-axed|title=Housing Minister announces boost for families and high streets as planning red tape is axed|website=GOV.UK|language=en|access-date=2019-05-28}}</ref> In effect the new legislation means home owners can build up to 8 metres projection from the rear wall if building on a detached property (rather than the previous 4 metres) and 6 metres if attached (rather than the previous 3 metres) as Permitted Development. The height restrictions remain at 3 metres height to eaves and 4 metres overall height.<ref>{{Cite web|url=https://www.oakshireenvironmental.co.uk/changes-to-permitted-development-rights|title=Why the Government's Recent Change to Permitted Development Rights Is Misguided|last=Environmental|first=Oakshire|website=Oakshire Environmental|language=en|access-date=2019-05-28}}</ref>