Planning Permission and GPDO Study Notes
Planning Permission and the General Permitted Development Order 2015 (As Amended)
Objectives of the Session
Understand what the General Permitted Development Order (GPDO) is and its coverage.
Focus on Parts 1, 2 & 14 (briefly), 3, 4.
Learn how to determine whether permission for development is granted by the GPDO or if express planning permission is needed.
What is Development?
According to Section 55(1):
Development includes:
The carrying out of building, engineering, mining, or other operations in, on, over, or under land.
The making of any material change in the use of any buildings or land.
Development Considerations
Examples of Development Determinations:
Change of use from bedroom to kitchen (considered development).
Change of use from offices to residential flats (not development).
What is Permitted Development?
Definitions:
Development: Requires planning permission.
Not Development: Does NOT require planning permission.
Permitted Development:
Certain house extensions granted planning permission under the GPDO, exempting them from needing a planning application.
Includes:
Operational development such as new buildings, alterations, and extensions.
Material change of use (e.g., converting a house into two flats).
Non-material use changes (e.g., conversion of a bedroom to a kitchen).
Some external alterations (e.g., placement of a TV aerial, cat-flap, etc.) without requiring permission.
Internal alterations, such as modifying internal walls, floors, etc.
Details of the GPDO and Permitted Development
The Town and Country Planning (General Permitted Development Order 2015) (GPDO):
Automatically grants planning permission for certain classes of development outlined in Schedule 2, removing the need for a formal application.
Some forms may still require ‘prior approval’ from the Local Planning Authority (LPA).
Specific Terminology under GPDO
Key Terms:
Dwellinghouse: A house excluding buildings with flats or individual flats.
Original: The condition of the property as originally constructed or at its state in 1948 if built then.
Building: Encompasses all structures and parts of buildings.
Existing: The current state of the property as development begins.
Article 4 Direction: Removes permitted development rights in designated areas (e.g., conservation areas).
Land: Refers to Areas of Outstanding Natural Beauty (AONBs), National Parks, Conservation areas, World Heritage Sites, and the Broads.
Coverage of the GPDO
Developments included in the GPDO are categorized under Parts 1-19 of Schedule 2:
Examples of Sections:
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 14: Renewable energy development.
For uncertainties about permitted development, consult the LPA or obtain a Certificate of Lawfulness.
Caution advised regarding recent amendments, especially in 2023.
Overview of Part 1 of the GPDO
Focused on development within the curtilage of a dwellinghouse.
Enables householders to extend or alter properties under specific criteria.
Significant amendments to permitted development rights have occurred since 2008 through various years (2010 to 2023).
Regulations have been relaxed for certain household developments.
Subdivisions of Part 1
Classifications:
Class A: Enlargement, improvement, or alteration (e.g., extensions).
Class B: Roof alterations that enlarge the house (e.g., loft conversions).
Class C: Other roof alterations (e.g., installation of roof lights).
Class D: Construction of porches.
Class E: Outbuildings, enclosures and pools.
Class F: Hard surfaces (e.g., driveways).
Class G: Chimneys and flue pipes.
Class H: Microwave antennae (e.g., satellite dishes).
Example of Class A: Extensions and Improvements
Class A allows for “the enlargement, improvement or other alteration of a dwellinghouse” under certain limitations:
Extensions cannot extend forward of a principal elevation fronting a highway (with minor exemptions for small porches).
Coverage is limited to ≤ 50% of the garden area (curtilage).
Class A Projection Limits
Single-storey Extensions:
Terraced or Semi-Detached Houses: 6m.
Detached Houses: 8m.*
Two-storey Extensions:
All types of house: 3m.
Side Projection Limit:
Should not exceed ≤ ½ the width of the main house, noting that two-storey side extensions are not allowed.
Limitations for Class A Extensions
Extensions must adhere to environmental restrictions (i.e., not in sensitive areas—Article 2(3) land).
Prior notification to the LPA is mandatory to allow for neighbor notifications.
Work cannot commence until the LPA has given ‘prior approval.’
Height Restrictions:
Not higher than the main ridge line.
≤ 4m for single-storey extensions.
Eaves restrictions applying (≤ 3m if close to boundary).
Additional Considerations in Conservation Areas
No roof extensions permitted in these areas.
Adheren to limitations regarding materials and structural alterations.
No balconies or raised platforms allowed except for Juliette balconies.
Class B: Roof Extensions
Class B allows “the enlargement of a dwellinghouse consisting of an addition or alteration to its roof” under specified limitations:
Must not exceed height of the main ridge-line.
Not permitted forward of the principal elevation facing a highway.
Volume Limits:
40m³ for terrace houses.
50m³ for semi-detached or detached houses.
Requirements for set back from eaves and window privacy.
Part 2 - Minor Operations
Addresses aspects including:
Means of enclosure (e.g., fencing).
Access provisions to highways.
Exterior building paint.
Electric vehicle recharging points.
Security measures like CCTV.
Part 14 - Renewable Energy
Covers various sustainable technologies:
Includes solar photovoltaic (PV) and thermal equipment; ground source heat pumps; air source heat pumps; and water source heat pumps.
Classes A-I pertain to domestic property, and Classes J-O to non-domestic property.
Part 3 - Changes of Use
Pertains to transitions among specified Use Classes, for example:
Change from B1(a) (offices) to C3 (dwellinghouses) - Class O.
Flexibility in changing agricultural buildings to various uses including B2, B8, C1, E, or F classes - Class R.
Conversion of agricultural structures into dwellinghouses - Class Q.
Part 4 - Temporary Buildings and Uses
Class A: Temporary use of land for buildings.
Class B: Land use for specific durations (14 or 28 days maximum).
Class BA: Further extensions on Class B timing.
Class BC: Recreational campsites allowed for up to 60 days with a maximum of 50 pitches and necessary movable structures.
Class E: Temporary land and building use for filmmaking for up to 9 months in a 27-month period with restrictions.
Prior Approval Process
Applicable to certain permitted development rights, streamlining the planning process for select development types.
Decision timeframes can vary based on the application context.
Issues with the GPDO
The complexity of regulations leads to diverse legal interpretations.
Potential environmental concerns or disputes with neighbors necessitating a Certificate of Lawfulness.
Benefits of GPDO’s Permitted Development Rights
Reduced administrative requirements, encouraging minor developments without extensive processing.
No developer contributions for certain exemptions.
Expedited decision timelines.
Conclusions
The GPDO serves to facilitate minor developments, aiming to alleviate the volume of applications submitted to Local Planning Authorities (LPAs).
Its continued utility is acknowledged; future changes may arise with shifts in government policy.
Final Tip: Rather than memorizing the GPDO, focus on effectively interpreting its regulations and implications for specific development scenarios.