Planning Permission and GPDO Overview

Planning Permission and the General Permitted Development Order 2015 (As Amended)

Session Objectives

  • Understanding the General Permitted Development Order (GPDO) and its coverage.

  • Focus on the following parts: 1, 2 (briefly), 3, 4.

  • Determining whether development permission is granted by the GPDO or if express planning permission is required.

Definition of 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.

Determining Development

  • Examples of Development Changes:

    • Bedroom conversion to kitchen.

    • Office conversion to residential flats.

Permitted Development

  • Definition:

    • A type of development that does not require planning permission under the GPDO.

  • Classification:

    • Development requires planning permission.

    • Not Development does not require planning permission.

    • Examples of Permitted Development (GPDO):

    • Certain house extensions.

  • Types of Development:

    • Operational Development: New buildings, alterations & extensions, quarries, etc.

    • Material Change of Use: For example, changing a house into two flats or a shop into a bank.

    • Non-material Change of Use: For example, changing a bedroom into a kitchen or a bakery into a grocery store.

    • Internal Alterations: Changes to internal walls, floors, ceilings, etc.

    • Certain External Alterations: Generally, modifications like TV aerials or cat flaps.

GPDO Overview

  • The GPDO automatically grants planning permission for specific classes of development outlined in Schedule 2, negating the need for an express application.

  • Note: Some types of permitted development require prior approval from the Local Planning Authority (LPA).

Key Terminology Under GPDO

  • Dwellinghouse: A standalone house, excluding buildings with flats and individual flats.

  • Original: Refers to the structure as initially constructed or how it stood in 1948, if constructed before then.

  • Building: Includes all structures and parts of buildings.

  • Existing: As present at the commencement of development.

  • Article 4 Direction: Removes permitted development rights from specific areas.

  • Article 2(3) Land: Areas like AONBs, National Parks, Conservation Areas, World Heritage Sites, and the Broads.

Coverage of GPDO

  • Developments covered by the GPDO are categorized in parts 1-19 of Schedule 2.

  • Recommended to check with the LPA or obtain a Certificate of Lawfulness if uncertain about permitted development status.

New GPDO Schedule 2 Categories

  1. Part 1: Development within the curtilage of a dwellinghouse.

  2. Part 2: Minor operations.

  3. Part 3: Changes of use.

  4. Part 4: Temporary buildings and uses.

  5. Part 5: Caravan sites and recreational campsites.

  6. Part 6: Agricultural and forestry developments.

  7. Part 7: Non-domestic extensions, alterations, etc.

  8. Part 8: Transport-related development.

  9. Part 9: Development relating to roads.

  10. Part 10: Repairs to services.

  11. Part 11: Heritage and demolition.

  12. Part 12: Development by local authorities.

  13. Part 13: Water and sewerage management.

  14. Part 14: Renewable energy developments.

  15. Part 15: Power-related development.

  16. Part 16: Communications-related projects.

  17. Part 17: Mining and mineral exploration.

  18. Part 18: Miscellaneous development.

  19. Part 19: Development by the Crown or for national security purposes.

Part 1 of the GPDO: Development Within the Curtilage of a Dwellinghouse

  • Enables homeowners to extend or alter properties if certain criteria are met.

  • Significant changes made to permitted development rights in 2008, with continuous updates implemented through 2015 and 2023.

  • Regulations have been relaxed enabling certain household developments without formal planning permission.

Classes Under Part 1

  • Class A: Enlargement, improvement, or alterations such as extensions.

  • Class B: Roof alterations enlarging the house such as loft conversions.

  • Class C: Other roof alterations, like adding roof lights.

  • Class D: Construction of porches.

  • Class E: Outbuildings, enclosures, and swimming pools.

  • Class F: Installation of hard surfaces.

  • Class G: Chimney and flue installations.

  • Class H: Installation of microwave antennas, e.g., satellite dishes.

Class A: Extensions and Improvements

  • Permits "The enlargement, improvement, or other alteration of a dwelling house" within certain limits.

  • Extensions are not allowed forward of a principal or side elevation that faces a highway (small porches are exceptions).

  • Limitations:

    • Maximum coverage of 50% of the garden (curtilage).

  • Rear Projection Limits:

    • Single storey: 6m for terrace or semi-detached houses; 8m for detached houses.

    • Two storey: max 3m for all house types.

  • Side Projection Limits: Should not exceed half the width of the original house; two-storey side extensions are prohibited.

General Limitations Under Part 1

  • Materials: Must match the existing house appearance.

  • Prohibitions: No verandal, balcony, or raised platform over 300mm.

  • In Conservation Areas: No cladding or side extensions; no two-storey rear extensions allowed.

  • Height Limits: Extensions cannot exceed ridge-line height of the house, with max height of 4m for single storeys, and eaves height must not exceed 3m if within 2m of boundary.

Example - Class B: Roof Extensions

  • Permits enlargement of a dwellinghouse involving alterations to its roof subject to specific limitations:

    • Volume limits: 40m³ for terraces and 50m³ for semi-detached or detached houses.

    • Extensions must not exceed the ridge-line height, must not be forward of a principal elevation that faces a highway, amongst other conditions.

Part 2: Minor Operations

  • Includes: Means of enclosure such as fences, access to highways, painting the building exterior, installation of electric vehicle charging points, and security measures like CCTV cameras.

Part 14: Renewable Energy

  • Covers solar photovoltaic or thermal equipment, ground source heat pumps, air source heat pumps, water heat pumps, and flues for biomass boilers.

  • Divided into classes for residential property (A-I) and non-domestic property (J-O).

Part 3: Changes of Use

  • Regulates changes between Use Classes as defined in the Use Classes Order 1987 (as amended).

  • Examples of changes:

    • From B1(a) (offices) to C3 (dwellinghouses) - Class O.

    • From agricultural buildings to flexible use under various classes (B2, B8, C1, etc.) - Class R.

    • Change from agricultural use to dwellinghouses - Class Q.

Part 4: Temporary Buildings and Uses

  • Temporary structures on land for specific durations (28 or 14 days).

  • Classes include:

    • Class A: Temporary buildings.

    • Class BC: Recreational campsites for no more than 60 days.

    • Class E: Temporary use for filmmaking for periods not exceeding 9 months in 27 months, with some exclusions.

Prior Approval Process

  • Applies only to certain permitted development rights, involving a simplified process.

  • Decision timeframes may vary based on specific development types.

Challenges with the GPDO

  • Complexity in interpretations leads to the need for Certificates of Lawfulness for clarity.

  • Potential environmental impact and neighbor relations due to some permitted development rights.

Benefits of Using Permitted Development Rights

  • Quicker decision-making process.

  • Limited grounds for refusal.

  • No developer contributions required.

Conclusion

  • The purpose of the GPDO is to facilitate minor developments and reduce planning applications.

  • Its usefulness is acknowledged by the current government, and changes potentially loom under future governmental administrations.

  • Final advice: Focus on learning how to interpret the GPDO rather than trying to memorize its contents.