Number 00485, 30 March 2016
By
Inside:
1.
Permitted development rights
2.
Local authority ability to suspend permitted development rights (Article 4
Directions)
3.
Change of use
4.
Changes coming into force
5.
Future proposals
6.
Former Government changes to permitted development rights
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Number 00485, 30 March 2016 2
Summary
1.
Permitted development rights
2.
Local authority ability to suspend permitted development rights (Article 4
Directions)
3
4
5
7 3.
Change of use
4.
Changes coming into force
4.1
Prior approval for building operation permitted development
4.2
Mobile connectivity
4.3
Shale gas and oil monitoring and investigation
5.
5.1
5.2
Future proposals
Rural areas
Upward extensions
11
11
12
8
8
8
9
6.
Former Government changes to permitted development rights
6.1
Home and business extensions
Comment on extending permitted development rights to home extensions
6.2
Telecommunications masts
6.3
Reform of General Permitted Development Order and new permitted development rights
14
14
15
17
17
Cover page image copyright: Library and building site by John . Licensed under CC BY
2.0
/ image cropped.

3 Permitted Development Rights
This briefing paper applies to England only. For information about permitted development in the other UK countries see section 8 of the joint Library briefing paper Comparison of the planning systems in the four UK countries: 2016 update .
What are permitted development rights?
Permitted development rights are basically rights to make certain changes to a building without the need to apply for planning permission. These derive from a general planning permission granted by Parliament, rather than from permission granted by the local planning authority.
Removing permitted development rights
In some circumstances local planning authorities can suspend permitted development rights in their area, under Article 4 of the Town and Country Planning (General Permitted
Development) (England) Order 2015 .
Recent changes
In May 2013 changes came into force to allow permitted development for home extensions; to increase the size limits for the depth of single-storey domestic extensions from 4m to 8m (for detached houses) and from 3m to 6m (for all other houses), in nonprotected areas, for a period of three years. A neighbour consultation scheme on new extensions was introduced by the then Government in response to concerns about the original proposals. This temporary permitted development has now been extended until
May 2019.
From 15 April 2015 the Town and Country Planning (General Permitted Development)
(England) Order 2015 consolidated and revoked the previous 1995 legislation relating to permitted development in England. It also introduced a number of new permitted development rights, including the provision of click-and-collect services by shops and to enable greater use of non-domestic properties to provide renewable energy.
Changes coming into force
The Town and Country Planning (General Permitted Development) (England)
(Amendment) Order 2016 (SI 332) will into force on 6 April 2016. It will introduce new permitted development rights in connection with petroleum exploration monitoring and appraisal. It will also introduce a number of change of use permitted development rights, which are set out in another Library briefing paper, Planning: change of use .
In a March 2016 written statement the Government confirmed it will increase some permitted development rights to allow for taller mobile masts.
Future proposals
The Government’s August 2015 rural productivity plan, Towards a one nation economy: A
10-point plan for boosting productivity in rural areas and the subsequent February 2016
Rural planning review: call for evidence asked for views on the planning system in rural areas, with specific interest in how permitted development rights are being used.
A February 2016 consultation on Upward extensions in London proposes a new permitted development rights to to allow additional storeys to be built on an existing building, up to the height of an adjoining roofline. The March Budget 2016 suggested this could also be introduced in other areas of the country.

Number 00485, 30 March 2016 4
Permitted development rights are basically rights to make certain changes to a building without the need to apply for planning permission. These derive from a general planning permission granted by
Parliament, rather than from permission granted by the local planning authority. Until recently, permitted development rights were set out in the
(No. 418) (the1995 Order). They are now, since 5 April 2015, contained in the Town and Country Planning (General Permitted
Development) (England) Order 2015 (No. 596) (the 2015 Order).
Schedule 2 of this Order sets out the scope of permitted development rights.
For more information on the current permitted development rights for home extensions and examples, see the Government’s planning portal webpage on extensions .
In some areas, called “designated areas”, permitted development rights are more restricted. These are generally in conservation areas, a National
Park, an Area of Outstanding Natural Beauty or the Norfolk or Suffolk
Broads. In designated areas planning permission will be needed to carry out the changes to the building. It does not necessarily mean that the changes cannot be made, but simply that the local planning authority will want to consider the proposals in detail first. Restrictions also apply if the property is a listed building.
New legislation from
April 2015 brought new permitted development rights into force and replaced the previous law.
Permitted development rights do not apply in all areas.

5 Permitted Development Rights
In some circumstances local planning authorities can suspend permitted development rights in their area. Local planning authorities have powers under Article 4 of the
to remove permitted development rights. While article 4 directions are confirmed by local planning authorities, the Secretary of State must be notified, and has wide powers to modify or cancel most article 4 directions at any point.
1
Article 4 directions must be made in accordance with national
Government guidance given in the National Planning Policy Framework which directs that there must be a clear justification for removing national permitted development rights:
200. The use of Article 4 directions to remove national permitted development rights should be limited to situations where this is necessary to protect local amenity or the wellbeing of the area
(this could include the use of Article 4 directions to require planning permission for the demolition of local facilities). Similarly, planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so.
Further Government guidance states that provided there is justification for both its purpose and its extent, it is possible to make an article 4 direction covering:
• Any geographic area from a specific site to a local authority wide;
• Permitted development rights related to operational development or change in the use of land;
• Permitted development rights with temporary or permanent effect.
2
There are circumstances in which local planning authorities may be liable to pay compensation having made an article 4 direction. Local planning authorities may be liable to pay compensation to those whose permitted development rights have been withdrawn if they:
• refuse planning permission for development which would have been permitted development if it were not for an article 4 direction; or
• grant planning permission subject to more limiting conditions than the GPDO [the 2015 Order] would normally allow, as a result of an article 4 direction being in place.
3
Permitted development rights can be removed by local authorities in certain circumstances.
Local authorities can be liable to pay compensation if permitted development rights are removed.
1 Department for Communities and Local Government, Extending permitted development rights for homeowners and businesses: technical consultation ,
2
November 2012, page 20
Ibid, p3

Number 00485, 30 March 2016 6
Whereas before April 2010 the Secretary of State confirmed certain article 4 directions, it is now for local planning authorities to confirm all article 4 directions (except those made by the Secretary of State) in the light of local consultation.
The withdrawal of development rights does not necessarily mean that planning consent would not be granted. It merely means that an application has to be submitted, so that the planning authority can examine the plans in detail.
3 Department for Communities and Local Government,
Order 1995 , June 2012, para 6.2
Replacement Appendix D to
Department of the Environment Circular 9/95: General Development Consolidation

7 Permitted Development Rights
The
puts uses of land and buildings into various categories known as “Use Classes”. The categories give an indication of the types of use which may fall within each use class. There are four main categories:
• Class A covers shops and other retail premises such as restaurants and bank branches;
• Class B covers offices, workshops, factories and warehouses;
• Class C covers residential uses; and
• Class D covers non-residential institutions and assembly and leisure uses.
These categories are then further split up into a number of subclasses.
The Town and Country Planning (General Permitted Development)
(England) Order 2015 then grants permitted development rights for change of use where planning permission is not needed for changes in use of buildings within each subclass and for certain changes of use between some of the classes.
The permitted development change of use of buildings is covered in a separate Library briefing paper, Planning: Change of Use , SN/SC/01301.
This briefing paper provides further information about proposals to introduce new change of use permitted development rights, including:
• Making permanent the current temporary right of change of use from office to residential;
• Change of use from launderette to housing
• Change of use from light industrial to housing; and
• Change of use a state funded school.

Number 00485, 30 March 2016 8
Some permitted development rights relate to building operations, for example, the right to add an extension to a domestic house by a certain amount. Others relate to the change of use of buildings, such as the right to change a restaurant or café into a shop.
For many permitted development rights which relate to change of use of buildings there is a prior approval system, set out in the 2015 Order, which requires the LPA to approve technical aspects of the development, such as its siting, design and transport and highways issues. These pre-approval requirements vary depending on the exact type of change of use permitted development right. If the LPA decides to refuse prior approval on these issues then the change of use may not go ahead.
A provision in the
(currently clause
104), would introduce a prior approval process for building operation permitted development rights and other development orders. The idea is to delegate this matter to LPAs so that “local conditions and sensitivities can be taken into account”.
4
In July 2015 the Government published a Review of How the Planning
System in England Can Support the Delivery of Mobile Connectivity . This consultation document called for views on the effectiveness of the existing system of permitted development rights for telecommunications infrastructure, whether this should be streamlined and sought views on whether it should be changed to include taller masts.
A Government written statement published on 17 March 2016 confirmed the changes that would be made as a result of this review:
Where a site is already used for telecommunications infrastructure, we will extend permitted development rights to allow taller ground based masts to be built. The threshold for new ground based masts will increase from 15 metres to 25 metres in non-protected areas and a new permitted development right allowing new masts of up to 20 metres will be introduced in protected areas. To ensure that there is appropriate community engagement a prior approval will apply where a new mast is being built, meaning consideration will always be given to how to minimise the visual impact of masts.
Operators will also be able to increase the height of existing masts to 20 metres in both non-protected and protected areas without prior approval; between 20 metres and 25 metres in nonprotected areas with a prior approval; and have a new automatic right to upgrade the infrastructure on their masts in protected areas to align with existing rights in non-protected areas. There will be a height restriction of 20 metres on highways and
4 Housing and Planning Bill Explanatory Notes, Bill 75 EN 2015-16 , p44

9 Permitted Development Rights residential areas to accommodate vehicle lines of sight and pedestrian access.
In addition, we will lift restrictions on the number of antennae allowed on structures above 30 metres, while removing the prior approval requirement for individual antenna greater than 6 metres in height in non-protected areas and for 2 small cell antenna on residential premises in both non-protected and protected areas as the visual impact is limited.
We will also grant rights so small cell antenna on residential and commercial premises can face highways, and increase from 6 to
18 months the right for operators to be able to install emergency moveable transmission equipment.
(…)
We intend that the planning changes will come into effect from summer 2016 and will apply to England only.
5
A March 2015 consultation document issued by the former
Government, Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration: technical consultation , proposed to grant permitted development rights for the drilling of boreholes for groundwater monitoring for petroleum exploration (including for shale gas exploration), enabling limited works to be carried out to establish baseline information on the groundwater environment. The
requires that, as one of a number of conditions that need to be met before certain high-volume hydraulic fracturing can occur, methane in groundwater is monitored over a 12 month period. The change to permitted developments is proposed so that this condition can be met more easily. The proposals would allow an increase to the structure height of the rig that can be used for drilling.
The Government responded to this consultation in August 2015.
6
It confirmed that it will amend legislation so that development which consists of the drilling of boreholes for groundwater monitoring for petroleum exploration can take place as permitted development. It also confirmed that the structure height of rigs that can be used will be increased from 12 to 15 metres.
The Government’s response also contained an invitation for further changes to permitted development rights in this area. The proposed change is for further rights to enable, as permitted development, the drilling of boreholes for seismic investigation and to locate and appraise shallow mine workings. The Government’s view is that this would
“speed up the delivery of essential monitoring information for safety and environmental protection and free local resources for where the
5 Boosting Mobile Connectivity: Written statement - HCWS631 17 March 2016
6 Amendment to permitted development rights for drilling boreholes for groundwater monitoring for petroleum exploration Government response to the consultation and Invitation for views on further amendments to permitted development rights for petroleum exploration site investigation and monitoring, 13 August 2015

Number 00485, 30 March 2016 10 express attention of the local planning authority is required.”
7
The deadline for responses to these proposals was 24 September 2015.
A response to the consultation on further amendments was published in
December 2015, Further amendments to permitted development rights for petroleum exploration site investigation and monitoring:
Government response to the consultation . The Government set out that permitted development rights would be amended as follows:
41. In summary, the amendments are to enable the drilling of boreholes for monitoring and investigative purposes in respect of petroleum exploration to be carried out as permitted development for the purposes of:
• groundwater monitoring – with the duration of the longer term right extended from 6 to 24 months for the longer use of land
• seismic investigation and monitoring;
• location and appraisal of mine workings.
42. In all cases the permitted development rights will apply to both the temporary use of land (no more than 28 days) and the longer use of land (no more than 6 months – except in the case of groundwater monitoring, where the period will be extended to 24 months). Relevant existing conditions and restrictions attached to the current permitted development rights for mineral exploration will apply, together with those previously announced in August.
43. As proposed in this document, in the case of boreholes drilled for monitoring for petroleum exploration, a requirement will be included for operators to notify the Environment Agency and drinking water supply undertaker of all boreholes; and to notify the Coal Authority of boreholes drilled for the purposes of the location and appraisal of mine workings.
44. The detailed wording of the amendments to the Town and
Country Planning (General Permitted Development) (England)
Order 2015 will be set out in a statutory instrument, to be laid before Parliament in 2016.
8
The Town and Country Planning (General Permitted Development)
(England) (Amendment) Order 2016 , will from 6 April 2016, allow the drilling of boreholes for the purposes of carrying out groundwater monitoring, seismic monitoring or locating and appraising the condition of mines, where this is preparatory to potential petroleum exploration.
7 Shale gas and oil policy statement by DECC and DCLG, 13 August 2015
8 HM Government, Further amendments to permitted development rights for petroleum exploration site investigation and monitoring: Government response to the consultation , 17 December 2015

11 Permitted Development Rights
In the August 2015 rural productivity plan, Towards a one nation economy: A 10-point plan for boosting productivity in rural areas , the
Government announced the following changes to permitted development rights:
• Review the planning and regulatory constraints facing rural businesses and measures that can be taken to address them, including how improved permitted development rights in rural areas can support new homes, jobs and innovation. The government will publish a Call for Evidence in the autumn with decisions to be made by 2016. (…)
•
•
Review the current threshold for agricultural buildings to convert to residential buildings. (…)
To support fixed high speed broadband infrastructure, the government is considering making permanent the planning relaxations introduced in 2013.
On 11 February 2016 the Government published a Rural planning review: call for evidence . The review asks for views about the following areas:
We would be interested in hearing about experiences of the planning system in rural areas, both from those who have applied for planning permission and those who make use of permitted development rights. We are also interested in how the permitted development rights in Part 6 of the Town and Country Planning
(General Permitted Development) (England) Order 2015 are being used. We would also like to hear about experiences of the planning system in developing farm shops, polytunnels and onfarm reservoirs.
And:
25. We are seeking evidence on the effectiveness of the current planning system for businesses in the rural context and asking what improvements could be made to the planning system to support rural businesses to flourish.
26. We want to hear from anyone involved, either directly or indirectly, in development in rural areas. In particular, we are interested in hearing from rural businesses about their experiences of:
•
• the planning application process using permitted development rights, such as agricultural, business extensions and change of use.
27. We are also reviewing the current thresholds for agricultural buildings to convert to residential buildings and would like to hear views on how these could better support the delivery of new homes.
28. We would welcome evidence of where the planning system is working well and where it could be improved. Where issues are identified by organisations, respondents should indicate whether these are one-off cases or whether they are widespread problems.
We are particularly interested in hearing about issues which

Number 00485, 30 March 2016 12 specifically relate to planning in the rural context and which would not be of concern to users of the planning system in urban areas, such as development which has a different impact in a rural setting.
9
London
In the HM Treasury’s July 2015 Productivity Plan, Fixing the foundations:
Creating a more prosperous nation , the Government confirmed its intention to provide a number of new planning powers for the Mayor of
London. This included proposals to remove the need for planning permission for upwards extensions for a limited number of stories up to the height of an adjoining building, where neighbouring residents do not object. In cases where objections are received, the application would be considered in the normal way, focussed on the impact on the amenity to neighbours.
10
On 18 February 2016 the Government published a consultation on
Upward extensions in London . In it the Government identified three proposals which could incentivise the use of upwards extensions. These are: a new permitted development right; local development orders; and new London Plan policies. These would not be mutually exclusive proposals and Government has indicated they could work together.
On the permitted development right, the consultation proposed:
2.8 In order to ensure that this new right delivers much-needed new homes, we propose that the right should be conditional on the additional space being used to provide self-contained additional housing units. It could help to deliver new housing opportunities in the capital, increasing density and using brownfield land and existing buildings
2.9 We are proposing a new permitted development right in
London to allow additional storeys to be built on an existing building, up to the height of an adjoining roofline. We propose that the new right could provide for up to two additional storeys to be added to an existing building, where the roofline of the adjoining premises is a minimum of two storeys taller (see paragraph 3.6 - 3.8 below). A single storey could be added where the roofline of the adjoining premises is one storey taller. This will help to manage the impact of the development on the area.
2.10 We are proposing that a permitted development right could apply where the development would be above a range of uses, such as existing residential use, both flats and houses, retail and other high street uses, and offices.
2.11 We are proposing that a permitted development right could provide for a neighbour consultation scheme, similar to that introduced in May 2013 for the permitted development right for larger single storey rear extensions to dwelling houses. This could provide an opportunity for neighbours to comment on the development proposals, including on the impact on the amenity of their property. Amenity is a long-established concept in
9 HM Government, Rural planning review: call for evidence , 11 February 2016
10 HM Treasury, Fixing the foundations: Creating a more prosperous nation , July 2015, paras 9.20 and 9.21

13 Permitted Development Rights planning, and may include matters such as light, privacy and overlooking. Only where neighbours raise objections would the local planning authority have to consider the impact of the proposed development on their amenity.
2.12 Prior approval could also allow for consideration of other impacts of a permitted development at a local level. As well as the standard matters associated with permitted development rights for change of use to residential use, it may include matters such as space standards to ensure the quality of the development, and method and hours of construction.
The Government suggested that the new permitted development right would not apply in the following areas:
• listed buildings, land within the curtilage and the setting of listed buildings
•
•
•
•
• scheduled monuments and land within the curtilage
Sites of Special Scientific Interest safety hazard areas military explosives storage areas
World Heritage Sites and their settings
In relation to local development orders for additional storeys in specific areas the consultation proposed that London boroughs could use existing powers to bring forward local development orders which would grant planning permission for upward extensions in specific areas.
In relation to support in the London Plan for upward extensions the consultation proposed that the Mayor of London could bring forward new planning policies to support additional storeys for new dwellings when reviewing the London Plan. “This could be linked to existing policies for areas of intensification, including town centres, already set out in the London Plan.”
11
The consultation closes on 15 April 2016.
Other areas
In the March Budget 2016 the Government announced that “following the consultation on building up in London and to help increase densities on brownfield land and reduce the need to ‘build out’, the government will consult with city regions on extending similar powers as part of devolution deals.”
12
11 HM Government, Upward extensions in London , 18 February 2016, para 2.19
12 HM Government, Budget 2016 , 16 March 2016, para 2.289

Number 00485, 30 March 2016 14
In its written ministerial statement of 6 September 2012 the then
Government announced that it would extend permitted development rights for three years in order to make it easier for homeowners and businesses to extend their properties.
13 That was followed in November
2012 by a consultation document, Extending permitted development rights for homeowners and businesses . The main proposals were:
• Increasing the size limits for the depth of single-storey domestic extensions from 4m to 8m (for detached houses) and from 3m to 6m (for all other houses), in non-protected areas, for a period of three years. No changes are proposed for extensions of more than one storey.
• Increasing the size limits for extensions to shop and professional/financial services establishments to 100m2, and allowing the building of these extensions up to the boundary of the property (except where the boundary is with a residential property), in non-protected areas, for a period of three years.
• Increasing the size limits for extensions to offices to 100m2, in non-protected areas, for a period of three years.
• Increasing the size limits for new industrial buildings within the curtilage of existing industrial premises to 200m2, in non-protected areas, for a period of three years.
• Removing some prior approval requirements for the installation of broadband infrastructure for a period of five years.
We also wish to explore whether there is scope to use permitted development to make it easier to carry out garage conversions.
14
Concern about the effect of this new right on neighbouring occupiers was expressed in a debate during the third reading stage of the then
in the House of Lords on 26
March 2013. Following this the then Secretary of State for Communities and Local Government, Eric Pickles, offered to provide neighbours with more of a say on the new permitted development rights. Eric Pickles then wrote to MPs to explain the neighbour consultation scheme:
• Homeowners wishing to build extensions under the new powers would notify their local council with the details.
• The council would then inform the adjoining neighbours – this already happens for planning applications.
• If no objections are made to the council by the neighbours within a set period, the development can proceed.
13 HC Deb 6 Sep 2012 cc29WS
14 Department for Communities and Local Government, Extending permitted development rights for homeowners and businesses, 12 November 2012, p2-3

15 Permitted Development Rights
• If objections are raised by neighbours, the council will consider whether the development would have an unacceptable impact on neighbours’ amenity.
• This is a form of ‘prior approval’ process which allows for consideration by ward councillors, and (if the council wishes) by a Planning Committee.
• There will be no fee for householders to go through this process.
These proposals are similar to a policy originally recommended by
Zac Goldsmith and Lord Deben (then John Gummer) in their 2007
Quality of Life report.
15
An amendment to add this neighbourhood consultation scheme was added to the then Bill in the House of Lords on 22 April 2013.
16 Further
information about the size limits of permitted development under the new rules and about the neighbour consultation scheme was provided in the DCLG note, Larger home extensions: neighbour consultation scheme .
In his letter, Eric Pickles confirmed that Government would go ahead with new household and business extension permitted development rights. The Government published a Summary of consultation responses on 9 May 2013. The new permitted development rights came into force, from 30 May 2013 through the Town and Country Planning
(General Permitted Development) (Amendment) (England) Order 2013
(SI 2013/1101).
17 The new rules initially applied for a three year period.
In the July 2014 Technical consultation on planning the Government proposed putting some of its temporary permitted development rights on a permanent basis, including the temporary increase in size limits allowed for single storey rear extensions on dwelling houses. The former
Government did not respond formally to this part of the Technical consultation. In the
Country
No. 596 however, which came into force on 15 April 2015 the temporary size limit permitted development right for domestic extensions was extended for a further three years, until May 2019. In addition to this the previously time-limited permitted development rights for extensions to shops, offices, industrial and warehouse buildings was made permanent in the 2015 regulations.
On 20 December 2012 the House of Commons Communities and Local
Government Select Committee published a report on the proposed changes to permitted development rights.
18
The Committee found that
15 Secretary of State for Communities and Local Government Letter to MPs, easier for families to improve their home , 19 April 2013
Making it
16 HL Deb 22 April 2013 cc1229
17 Department for Communities and Local Government , New measures coming into force ensure the very best use is made of empty and underused buildings , 9 May
18
2013
Communities and Local Government Select Committee, The Committee's response to Government's consultation on permitted development rights for homeowners ,
Seventh Report of Session 2012–13, HC 830, 20 December 2012

Number 00485, 30 March 2016 16 the Government had failed to take account of the environmental and social implications of its proposal and that Government was wrong to justify the changes on solely economic grounds. It called this an
“unbalanced approach”.
19
The Committee concluded that the proposed changes to permitted development rights should not be made. It recommended that if the Government did go ahead with the proposals, a number of adjustment s should be made and further reviews conducted.
20
Professional organisations, such as the Royal Town Planning Institute
(RTPI) and the Planning Officers Society, have also been critical of the proposals to extend permitted development rights for domestic properties. The RTPI said that the Government had not considered the issue of neighbour disputes potentially caused by the new developments. The organisation was also concerned that the proposals, as framed in terms of percentage of the curtilage of a property, could lead to new extensions covering the entire back garden of a property.
21
The Planning Officers Society said that there was no evidence to suggest that the planning system was deterring householders from extending their properties. It said that the cost of getting planning permission was a small percentage of the total build cost and that there was no evidence to suggest that it was this cost that deterred householders from developing their properties. It said that the existing system was positive in the number of approvals and that it exercised the “necessary controls on inappropriate development.”
22
Some organisations responded positively to the Government’s proposals. The North East Chamber of Commerce said that the proposals would provide the incentive to boost the number of property extensions and provide a “much-needed stimulus for the construction sector.” That the proposals had the potential to create new jobs and more work for the construction sector. It also said however, that
Government should consider how access to funding for development could be improved alongside the proposals.
23
Following details of the neighbour consultation scheme being published, an article in the specialist publication,
, reported concern that the scheme would cost councils money, as they would not receive a fee for this service.
24
19 Communities and Local Government Select Committee, The Committee's response to Government's consultation on permitted development rights for homeowners ,
20
Seventh Report of Session 2012–13, HC 830, 20 December 2012, p16
Communities and Local Government Select Committee, The Committee's response to Government's consultation on permitted development rights for homeowners ,
21
Seventh Report of Session 2012–13, HC 830, 20 December 2012, p16-17
Royal Town Planning Institute, Response to Extending Permitted Development Rights
Consultation , 21 December 2012
22 Planning Officers Society, Response to Extending Permitted Development Rights
Consultation , 11 December 2012
23 North East Chamber of Commerce, Response to Extending Permitted Development
Rights Consultation , 12 December 2012
24 “Neighbour consultation could cost councils”, Planning , 3 May 2013

17 Permitted Development Rights
On 3 May 2013 the former Government published a consultation document, Mobile connectivity in England: technical consultation . The consultation proposed to increase permitted development rights for certain types of telecommunications equipment in England, in order to support “the swifter roll out of the 4 th Generation (4G) of high speed mobile broadband technology.”
25 The consultation closed on 14 June
2013. Two of the key proposals in the consultation related to increasing permitted development rights for the heights of antenna on existing buildings and structures and an increase in height for existing masts:
Proposal 1: On existing buildings and structures, increase the current permitted development height limit for antenna from up to 4 metres to up to 6 metres before the prior approval threshold applies under existing permitted development rights. This applies to land in non-protected areas only.
(...)
Proposal 11: Existing masts (on land in non-protected areas) can be increased in height from up to 15 metres to up to 20 metres and width by up to a third as permitted development with prior approval for siting and design.
26
These changes came into force from 21 August 2013 through the Town and Country Planning (General Permitted Development) (Amendment)
(No. 2) (England) Order 2013 (SI 1868).
In Budget 2014 it was announced that the Government would review the General Permitted Development Order:
…the government will review the General Permitted Development
Order. The refreshed approach is based on a three-tier system to decide the appropriate level of permission, using permitted development rights for small-scale changes, prior approval rights for development requiring consideration of specific issues, and planning permission for the largest scale development.
27
In the Government’s July 2014 Technical consultation on planning a number of new permitted development rights were proposed. The former Government did not formally responded to this part of the
Technical consultation on planning. It did however, confirm that a number of changes would be made in its 25 March 2015 written statement to Parliament and through publication of the following statutory instruments :
• The Town and Country Planning (General Permitted Development)
(England) Order 2015 No. 596
25 Department for Communities and Local Government,
England: technical consultation , May 2013, p2
Mobile connectivity in
26 Department for Communities and Local Government, Mobile connectivity in
England: technical consultation , May 2013
27 HM Treasury, Budget 2014 , 19 March 2014, para 1.147
A number of new permitted development rights were introduced in
April 2015.

Number 00485, 30 March 2016 18
• The Town and Country Planning (Compensation) (England)
Regulations 2015 No. 598
• The Town and Country Planning (Use Classes) (Amendment)
(England) Order 2015 No. 597
The first of these statutory instrument consolidated and revoked the
1995 General Permitted Development Order and made a number of policy changes. The explanatory memorandum to these regulations set out the scope of the new permitted development rights:
7.2 A new permitted development right, for a three year period, will allow storage or distribution buildings (B8) to change use to residential (C3). Up to 500m2 of floor space will be able to change to residential use. The right is subject to a prior approval process covering transport and highways, air quality impacts on intended occupiers, noise impacts of the development, risks of contamination, flooding, and the impact the change of use would have on existing industrial uses and or storage or distribution uses.
If the site is under an agricultural tenancy then the consent of both the landlord and the tenant will be needed for any development to be permitted. The right only applies to buildings that were last used or were in use as storage or distribution (B8) on or before 19th March 2014. This would include former businesses in an office use (B1) or general industrial (B2) buildings that have changed use to storage or distribution (B8) use under existing permitted development rights, provided that they were in such uses on 19th March 2014. However, there is an additional requirement that a building seeking to change use must have been in B8 use for a period of a least 4 years before the date development begins. The new right does not apply in National
Parks, Areas of Outstanding Natural Beauty, the Broads and World
Heritage Sites, Listed Buildings or land within the curtilage of
Listed Buildings, Scheduled Monuments, or in Sites of Special
Scientific Interest, Safety Hazard Areas and Military Explosives
Storage Areas. After changing to a residential use, existing permitted development rights for dwelling houses (C3) will not apply.
7.3 A new permitted development right will allow amusement arcades/centres and casinos , which are sui generis uses and so do not sit in any specific use class, to change use to residential
(C3) use and carry out associated building works that are reasonably necessary to make this change. This will enable reuse of existing buildings, support high streets and increase housing supply. Up to 150 m2 of floor space will be able to change to residential use. The right is subject to a prior approval process covering transport and highways, flooding, contamination and, where buildings works are to be carried out under the permitted development right, design. The right does not apply in National
Parks, Areas of Outstanding Natural Beauty, the Broads and World
Heritage Sites, nor to land within the curtilage of Listed Buildings or Scheduled Monuments, or Sites of Special Scientific Interest,
Safety Hazard Areas and Military Explosives Storage Areas. After changing to a residential use, existing permitted development rights for dwelling houses (C3) will not apply.
7.4 A permitted development right will extend the current right for larger householder rear extensions for a further 3 year period until 30th May 2019. If any neighbour raises objections when they are notified of the proposal the right is then subject to

19 Permitted Development Rights a prior approval as to the impact on the amenity of adjoining premises.
7.5 A new permitted development right will allow the change of use from shops (A1) to financial and professional services
(A2) to help businesses adapt more quickly to market changes and support high streets. The rights will also apply equally to premises that have changed to a shop (A1) following a planning permission granted by a local planning authority, or by exercising a permitted development right.
7.6 Betting offices and pay day loan shops will be removed from the A2 use class and become sui generis . They will continue to benefit from the permitted development rights to change to A1 and A2 uses. They will also benefit from the permitted development right to temporarily change of use for a period up to
2 years (Class D of Part 4 of Schedule 2 to the Order), after which they can revert to their previous use or change to A1 or A2 uses.
Premises that have changed use to a betting office or pay day loan shop under the Class D temporary permitted development right retain their original use class and will revert to that at the end of the two year period.
7.7 A new permitted development right will allow the change of use from shops (A1), financial and professional services (A2), betting offices, pay day loan shops and casinos to restaurants and cafés (A3) and for limited building works to allow the installation of extraction and ventilation units, and for waste storage and management. This will enable businesses to adapt and support high streets. Up to 150m2 floor space will be able to change use and the right is subject to a prior approval process covering noise, smell/odours, transport and highways, hours of opening as well as siting and design in relation to extraction, ventilation, waste management, storage and undesirable impacts on shopping facilities. Shopping impacts will be assessed in relation to the effect of the development on the sustainability of key shopping centres and the provision of services. This is intended to enable local planning authorities to protect valued and successful retail provision in key shopping areas, such as town centres, while underused shop units are kept in use outside those areas. Local planning authorities may consider the impact of the development on the provision of important local services, such as post offices, though only if there is a reasonable prospect of the premises being occupied by another retail use. Premises may revert from A3 use to their original use class if that was A1 (shops) or A2 (financial and professional services) under existing permitted development rights. A planning application will be required for change of use from A3 to a betting office or pay day loan shop. The existing permitted development right for the temporary change of use from A1 and A2 to A3 for a period of two years will remain. The right does not apply to land within the curtilage of Listed
Buildings or Scheduled Monuments, to Sites of Special Scientific
Interest, Safety Hazard Areas and Military Explosives Storage
Areas.
7.8 A new permitted development right will allow the change of use from shops (A1) and financial and professional services
(A2) to assembly and leisure uses (D2), with an upper threshold of 200m2 of total floor space. This will make it easier for businesses to provide a mixed range of leisure and entertainment uses on the high street and in town centres. The right applies to premises that were in A1 or A2 use on 5th December 2013.

Number 00485, 30 March 2016 20
However the right would not apply to premises that have changed use to A1 or A2 under other permitted development rights after
5th December 2013, until they have been in such use for a period of five years. This right is subject to a prior approval process covering transport and highways, hours of opening, noise impacts of the development and undesirable impacts on shopping facilities. Shopping impacts will be assessed in relation to the effect of the development on the sustainability of important shopping centres and the provision of services. This is intended to enable local planning authorities to protect valued and successful retail provision in key shopping areas, such as town centres, while underused shop units are kept in use outside those areas. Local planning authorities may consider the impact of the development on the provision of important local services, such as post offices, though only if there is a reasonable prospect of the premises being occupied by another retail use. The permitted development right does not apply in conservation areas, National Parks, Areas of Outstanding Natural Beauty, the Broads and World Heritage sites. Nor do they apply to land within the curtilage of Listed
Buildings and land within the curtilage of Listed buildings,
Scheduled Monuments, Sites of Special Scientific Interest, Safety
Hazard Areas or Military Explosives Storage Areas. Permitted development rights to convert a D2 premises to a registered nursery or state funded school do not apply to premises that change to D2 use under these rights.
7.9 A new permitted development right will allow retailers to erect click and collect facilities within the curtilage of their existing shop, for example, on car parks. One facility per retail premises may be erected. Any buildings will be limited to 4 metres in height and a gross floor space of up to 20m2. Prior approval is required covering the impact of development in respect of design, siting, and external appearance of the new structure. The right does not apply in conservation areas, National Parks, Areas of
Outstanding Natural Beauty, the Broads and World Heritage Sites.
Nor do they apply to land within the curtilage of Listed Buildings or Scheduled Monuments, or Sites of Special Scientific Interest.
7.10 A new permitted development right will allow retailers to modify the size of their existing shop loading bay by up to
20% in any dimension. The right does not apply in conservation areas, National Parks, Areas of Outstanding Natural Beauty, the
Broads and World Heritage Sites. Nor do they apply to land within the curtilage of Listed Buildings or Scheduled Monuments, and
Sites of Special Scientific Interest. There is also a condition that requires any materials to be of a similar appearance to those used in the existing building.
7.11 A new permitted development right will allow for temporary filming and the associated operational development for the sole purpose of commercial filmmaking . The right would not cover filming that is ancillary or related to another enterprise. Where the right is used then the existing permitted development right for temporary use of land for 28 days (14 days for some uses) will not apply. The new right allows filming inside existing buildings and outside on sites of up to 1.5 hectares (including buildings and land) and also allows the construction and removal of associated sets. Use of the land or buildings under the new right cannot exceed 9 months in any 27month rolling period. Prior approval is required for each filming period in relation to transport and highways, noise, filming dates, hours of working, flooding, and the impact of light on

21 Permitted Development Rights neighbouring land. The right does not apply in conservation areas,
National Parks, Areas of Outstanding Natural Beauty, the Broads and World Heritage Sites. Nor does it apply to Listed Buildings or land within the curtilage of Listed Buildings, Scheduled
Monuments, to Sites of Special Scientific Interest, Safety Hazard
Areas or Military Explosives Storage Areas.
7.12 A new permitted development right which will apply to the installation, alteration or replacement of Solar
Photovoltaics (PV) on the roofs of nondomestic buildings , up to a capacity of 1 Megawatt, subject to certain limitations. This will enable greater use of non-domestic properties to provide renewable energy. Prior approval is required to consider the design of the solar panels and, particularly, any affects from glare on occupiers of neighbouring land. The right does not apply in relation to any roof slope which fronts a highway in conservation areas, National Parks, Areas of Outstanding Natural Beauty, the
Broads and World Heritage Sites. Nor do they apply to Listed
Buildings or on a building within the curtilage of a Listed Building or Scheduled Monuments.
7.13 A permitted development right which makes permanent the time limited increased permitted development rights introduced in
May 2013 for extensions to shops, offices, industrial and warehouse buildings to support business expansion and the economy. Under these rights the doubling of size limits and allowable percentage increases for offices, industrial and warehouse development, shops, and establishments providing catering, financial or professional services will become permanent.
These rights do not apply in conservation areas, National Parks,
Areas of Outstanding Natural Beauty, the Broads and World
Heritage Sites, or in sites of special scientific interest as in the current time-limited rights. They will not apply within the curtilage of a Listed Building.
7.14 A new permitted development right to allow waste operators for “sui generis” waste management facilities to replace any plant or machinery and buildings on land within the curtilage of a waste management facility, and which is ancillary to the main waste management operation . The permitted development right allows minor works to take place where equipment is being replaced, there is no more than a 15% increase in the floor space occupied by the plant or machinery that is subject to replacement; and the replacement building, plant or machinery does not exceed the existing facilities currently on site by more than 50% or 100m2, whichever is smaller. These rights do not apply in National Parks, Areas of
Outstanding Natural Beauty, the Broads, an area designated as an conservation area, World Heritage Sites, land within the curtilage of Listed Buildings and Scheduled Monuments, or Sites of Special
Scientific Interest.
7.15 A new permitted development right to allow sewerage undertakers to install a pumping station, valve house, control panel housing or switch-gear house in a sewerage system. This will enable minor operational development by sewerage undertakers, and will harmonise the rights for sewerage undertakers with those for water undertakers. The right would not apply to development involving the installation of a station or

Number 00485, 30 March 2016 22 house exceeding 29m3 in capacity, where the installation is carried out at or above ground level, or under a highway.
28
Changes made by these statutory instruments came into force on 15
April 2015.
28 The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015
No. 597 Explanatory Memorandum

Number 00485, 30 March
2016
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